Excel ANPR claimform - Ashton Retail Park, Ashton Under Lyne - gotta file WS by 23rd oct - help ***Claim Discontinued***

[joa1]

Please can I someone give my some advice/help

 

In July this year I received a County Court Claim from Excel Parking, 

it stated that I had parked without a valid pay & display ticket at Ashton retail park in December 2015,  this was apparently caught by ANPR.

 

I knew absolutely nothing about this.

 I wrote back to the court stating I knew nothing about Excel's claim until I received the claim form.

I have now received a Notice of allocation to the small claims court.

 

After reading some of the information on the forums, I now realise I should have filed a more detailed defence.

I have sent a letter to Excel which I have uploaded, along with the letters I have received from the court.

 

I need to file my defence to the courts by 23rd October.

I feel like I want to pay this as I'm really troubled by it, I cant sleep as i'm constantly thinking about it.

 

Thanking you in advance for your help with my problems

 

[dx100uk]

removed your uploads as you've not redacted them properly

 

dx

please complete this:

 

 

 

[FTMDave]

Did you receive a Letter before Action/Claim from Excel?  If not, have you moved recently?

 

Don't worry, there is quite a bit of time before 23/10, and if you give the experts the details they need this forum has an excellent record of seeing off the fleecers.

[ericsbrother]

 we cant heklp yu much until you tell us absolutely everything about the claim, places dates times and so forth

[lookinforinfo]

I notice that you have a similar thread further down though there you quote VCS rather than Excel.

 

It was quite common for them to have VCS signs in the car park but take motorists to Court using Excel.

 

Now although they are sister companies , legally they have no chance of winning in Court when both companies were involved.

 

They have stopped doing it  in the last few years as they constantly lost in Court.

 

it looks as if this one has crept through because they have forgotten just how stupid they are.

 

Can you please confirm that the original tickets were from VCS and it is now that Excel is taking you to Court?

 

Numpties.

Breaching GDPR too.

Oh dear.

[joa1]

Hi, thank you for your replies,  firstly I’m not sure how to reply to dx100uk as I don’t really understand how this works, I’m sorry, if you could help I could give it a go. 

 

Yes, the threads are, similar and they are both from me. 

They are different sites, and different dates,. 

VCS PCN was in April 2015. 

Excel  ANPR December 2015,.

I’ve got lots of paper work, from VCS.

Although I hadn’t received anything from Excel until the court papers arrived 

No I haven’t moved in the last 10 years.

Sorry I’m not very good at all with the way this works

[lookinforinfo]

What a shame that the tickets were not the same-that would have been a walk over for you.

To answer DX's questions on post 2  just click on the Andy Orch part of the post  and just type in the answers to the questions.

[joa1]

5 hours ago, joa1 said:

Please can I someone give my some advice/help

 

In July this year I received a County Court Claim from Excel Parking,  it stated that I had parked without a valid pay & display ticket at Ashton retail park in December 2015,  this was apparently caught by ANPR. I knew absolutely nothing about this. I wrote back to the court stating I knew nothing about Excel's claim until I received the claim form. I have now received a Notice of allocation to the small claims court.

 

After reading some of the information on the forums, I now realise I should have filed a more detailed defence. I have sent a letter to Excel which I have uploaded, along with the letters I have received from the court.

 

I need to file my defence to the courts by 23rd October. I feel like I want to pay this as I'm really troubled by it, I cant sleep as i'm constantly thinking about 

 

I know it would have made me sleep, can’t even say easier!  

I’m just confused why I didn’t receive anything from Excel, about my ANPR no ticket overstay! 

Thank you I will give it a go with the click on Andy Orch post and answe the questions. 

[dx100uk]

yes please complete below:

copy the ANPR section questions to your thread here

then answer each one at its end before hitting submit reply

 

and post up the defence you filed too

did you send a CPR31:14?

 

strange you received nothing until the claimform pack from northants bulk if you've not moved in 10yrs mind

the car is registered in your name on its V5C?

[joa1]

Name of the Claimant ? Excel Parking Services Ltd

claimants Solicitors: No solicitors name just  a Jake Burgess after particulars of claim

 

Date of issue –  11th July

 

My reply was.

I am disputing this claim against me dated 18th December 2015.

This is the first time I have been made aware of this alleged breach of contract or of breaching the terms and conditions set on the private land being Ashton Retail Park.

 

I have never received any correspondence from Excel Parking Service informing me of the above said breach of contract.

 

I sent  the above reply recorded delivery on 19/0719

 

i received the allocation to small claims track on 23/0919 

 

The claim form I sent my defence on says N1SDT ?  at the bottom of the page. 

Sorry not sure if it’s the same thing.

 

I did upload my forms but not sure where they are, I can send them again tomorrow when I get in work.

 

Sorry, I’m just panicking like mad.

[dx100uk]

that is ok calm down 

 

the forms you uploaded at the start we could see all your details through your crossing out

so to keep you anonymity I removed them for you.

 

do you still have the copy of the front page with the password in the information box?

 

if so i'd  recommend registering with MCOL

 

and then you can look at the status of the claim online

 

I would suspect the recent letter you have received is an N180 from the court?

 

here is a little guide we always put up on such court claims

follow the bits you have not done to date please inc the CPR31:14.

 

………………...

 

follow this

you DONT send an SAR but a CPR 

 

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
..
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
.

no need to sign anything
.
 

 

 

 

 

[FTMDave]

Yes, calm down.  Civil court is no more intimidating than a job interview, and the worst that can happen is you lose the case and have to pay around £75 costs (which will already be listed on the fleecers' claim) with absolutely no other consequences for you whatsoever.

 

But we're here to make sure you don't lose in court

 

Get that CPR request off tomorrow as DX says - the start of the fightback and YOU intimidating the conmen.

 

Your reply to the court wasn't that bad at all.  The court has accepted it as a defence and allocated your case to small claims.  If you hadn't acted, Excel would have won by default.

 

What I don't understand is the date of 23 October in the title of your thread.  What do you have to do by 23 October?  Haven't you already filed a defence?

 

As DX says, register on MCOL and see what's going on. 

[joa1]

Hi thank you for your reply & kind words.

 

No I haven’t filed a defence as such, just the one I put on the first letter I received, in July, C.C claim form.

 

My case has already been allocated to the small claims track, the latest date for me  to file my defence is 23 October,  I’ve been given my date for a C.C  hearing  its 19/03/20 

 

P.s. This feels like I’m being weighed down on both shoulders.... as I have VCS perusing me....... different place & time, but I have the same amount of time to file my defence  

[dx100uk]

are you getting defence confused with witness statements?

 

something not right here.

 

from the date top right on the claimform you MUST file a defence by day 33

you must have already of had and returned the N180 mediation refusal?

 

you wouldn't be getting an N157 allocation if you didn't file a defence and send back your N180 earlier.

 

what does MCOL website say?

 

[joa1]

Hi, I can’t get on the money claim site? Don’t know why. 

 

Page 2 of the small claims track allocation,

IT IS ORDERED THAT 

7. Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely on at the hearing no later than 23 October 2019

 

I will upload the documents again tomorrow (but use a bigger felt pen beforehand ) 

 

thank you you for your time & patience

[dx100uk]

you do not use a felt pen!!

read upload

 

you are at the witness statement stage then which you must file 23rd oct.

 

what date has the claimant go to pay the fee?

 

 

[dx100uk]

can we have the EXACT wording of the particulars of claim from the claimform please

[joa1]

Claimant has until 4pm on the 20th February 2020 to pay the court trial fee.

 

particulars of claim.

 

1.The claim is for a breach of contract for breaching the terms and conditions set on private land.

 

2.The defendants vehicle. xxxxxxx was identified in the Ashton Retail Park on the 18/12/2015 in breach of the advertised terms & conditions: namely parked without purchasing a valid pay & display ticket for vehicle registration.

 

3.At all material times the Defendant was the registered keeper and/or driver.

 

4.The terms and conditions upon entering private land were clearly displayed at the entrance and in prominent locations.

The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contact by conduct. The signs specifically  detail the terms and conditions and the consequences of failure to comply, namely a parking charge notice will be issued and the Defendant has failed to settle the outstanding liability.

 

5.The claimant seeks the contractual cost and interest. 

 

The end

[FTMDave]

So you've successfully defended the fleecers' claim (your letter to the court).

 

This 23 October next step is a Witness Statement.  This is so the court knows what is going to be argued and so one side cannot "ambush" the other.

 

So prepare a draft please ASAP and the experts will help.

 

Points you could try (off the top of my head, in fact nicked off the experts after months of being here) are

   - Excel have no locus standi to bring the case (it would help enormously with this point if you sent off the CPR request tomorrow)

   - they have no planning permission for their shitey signs in the car park concerned (so get on to the local authority and find this out)

   - Excel have made it impossible for you to prepare a full WS as they have issued court action without any previous communication and without following the PAP or sending a LBA (so you don't know WTF you're defending against).

 

You have a brilliant chance of beating th3ese charlatans - most people don't realise they are fleecers and just cough up for no reason - but you need to get organised now.

 

In particular please reply to the questions DX asks.

 

Edited October 8, 2019 by FTMDave

[FTMDave]

Wooops - posts crossed!

[joa1]

Thank you so much. 

 

I will send off the CPR request tomorrow, I did send a letter on Friday to Excel asking for information about this breach of contract. 

 

Maybe I might get a little sleep tonight fingers crossed 

 

I very much appreciate your time and help.

[FTMDave]

What a wee-wee poor cut & pasted POC.  You have a great chance of thrashing these morons in February and as long as you follow the legal process properly it's probable they will give up before and go back and hide under their stone without a hearing.  Not certain, but likely.

 

Even more so regarding your other thread where their case is pathetic.

 

Their whole disgusting business model is based on theats of court action against people who then soil their underpants and pay - when someone shows they are comfortable arguing their case in front of an unbiased judge the fleecers generally run away.  Again, nothing is certain, but we can make our own luck.

 

Get loads of kip, there's nothing to worry about!  

 

 

[joa1]

I know, I’m just not very good at being strong and standing my ground, I’m either an ostrich (hope if I ignore it for long enough it will go away) or a people pleaser agrees just so I don’t offend anyone I’ll post my letters tomorrow. Night night 

[lookinforinfo]

By sending of the CPR you should receive all the correspondence they have sent you. That may jog your memory and perhaps you have some of their earlier paperwork mixed up with your VCS case.

 

Don't worrry about  things. If you didn't pay on the day you were therefore a tresspasser and only the landowner can pursue you-never going to happen. 

 

To add another string to your bow, please check with the local council to see if they had permission to erect signs at all under the Town and Country [advertisements] regulations. If they haven't then the signs should not be there. You often find that Councils put their planning data on line. Remember you are looking for that info from before the alleged incident.

 

Once you receive the PCN s from the solicitors, please post them up so we can see what mistakes they have made there. Also include the contract they have with the landowner and the Council permission for signage and ANPR. They tend not to send them which is good for you as it probably means they don't have them.

[joa1]

Hi,

I spent hours last night trying to find details on planing permission for parking signs on Ashton Retail park, I couldn't find anything at all.

 

I sent the letter requesting information relating to the alleged breach of contract.

Should I post it up for you to see?

If I have messed it up is to late to change it?

send another one?

 

I went on to the MCOL and all it shows I filed a DQ on 29/07/19, and that Excel filed a DQ on 30/07/19, and the claim was transferred to Manchester on 4/08/19.  Should I be able to see what Excel have put in the DQ?

 

Just one more thing, do I need to send CPR request for the VCS court claim (sorry I know its the wrong thread) just thought id ask.

 

Thank you in advance.