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

[FTMDave]

Yes, certainly.

 

You want both companies to embarrass themselves in court by being unable to show they have the authority to bring the claims.

 

The fact you couldn't find planning permission is excellent - it means they don't have it.  Another thing to put in your WS later and another kick in the nuts for Simple Simon.

[dx100uk]

nothing is included with a DQ

MCOL involvement pretyy much ends once N180's are filled in.

 

and whats this 'letter' you've sent, about what and to whom?

 

get that PPC PCN CPR31:14 running

 

get constructing your witness statement

the time is ticking.

 

 

 

 

[AndyOrch]

Quote

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?

 

 

I would imagine the same as you did on yours.....they really should have served a copy on you...as directed within the DQ.

 

Andy

[joa1]

Hello Andy, dx100uk & FTMDave,  thank you for your time replying back to me, firstly the letter that I have sent is to Excel Parking & Manchester County Court, recorded delivery, it’s pretty much the same as the one I read on here.

 

In answer to your question regarding the DQ, the form said it must be served to the court and the claimant so that’s what I did, does that mean that Excel should have sent me there claim reply, or was the original claim they sent the DQ? Sorry I know I sound like an imbecile.  

 

I’m not sure what you mean dx100uk, by the PPC PCN CPR31:14 running (sorry) 

 

Jo

[dx100uk]

On 07/10/2019 at 21:15, dx100uk said:

get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
.

no need to sign anything

is the CPR 31;14 you should sent NOW if you've not already done it.

[dx100uk]

2 hours ago, joa1 said:

firstly the letter that I have sent is to Excel Parking & Manchester County Court, recorded delivery, it’s pretty much the same as the one I read on here.

copy whatever it is you sent above to a PDF here please

 

the DQ N180 is what you sent to the court and excel, excel should have sent you a copy of THEIR completed DQ N180 as you did to them.

 

the original claimform is just that, the original large brown A4 envelope from northants bulk court informing you excel had raised a claim against you.

 

if ive read things correctly you are now awaiting the N157 from Manchester.

[joa1]

Hi,

I have had the N157 claim form, I got it on 21st September.

Is this bad that I've got it already?

I'm really scared now.  

 

I found the letter before claim from Excel  when I was looking for letters from -VCS.

I will upload it,

 

and also the letter I sent to Excel & the court manager at Manchester County Court.

 

Thank you.

 

Excel-Letter Before Claim.pdf Letter to Excel&Court-Request Information.pdf

[AndyOrch]

N157 is a Notice of Allocation....not a claim form...it contains the court directions what you must do next and by what date.

 

Who advised you to send a CPR 18 Request ?

 

Andy

[dx100uk]

[joa1]

Hi, 

I tried to be forward thinking and sent it before asking for advice from you guys. Once I started reading all the advice on here, I realised I was into deep and I wasn’t going to be able to defend the claims without some advice/help. Im really stressed with it all, can’t sleep or eat, I feel I want to just pay up just for my mental health, but then I think NO don’t let them browbeat you into paying  for for a beach of contract I wasn’t even aware of !

Have I messed up ? Badly? 

[dx100uk]

hey you are here now.

you'll get there.

 

ideally like your other case should have been a CPR 31:14

 

dx

 

[joa1]

52

Hi me again, 

 

Just got home to a letter from  Excel Parking

 

Dear Sir/Madam,

 

RE: (claim number) Excel Parking Services v my name

 

We write regarding the above claim.

 

This matter has now proceeded to the  small claims track the directions have been set by the district judge.

 

We are confident that we have a strong case against you and we are entitled to recover the outstanding  parking charge notice and any additional costs, as set out in the particulars of claim. However, we are mindful that under the civil procedure rules litigants are expected to try and resolve their disputes wherever possible.

 

Therefore, we are willing to accept a reduced settlement charge of £125.00 payable within 14 days from the date of this letter. This offer is made on a  without prejudicebasis. Should you fail to accept our offer of settlement then we will continue with our claim for the full amount claimed and bring this letter to the courts attention upon the question of costs. To make payment, please transfer £125.00 to the following bank details using the reference 

 

We look forward to hearing from you.

 

Feels like Groundhog Day

 

Draining the life from me!!!  

 

Is this scare tactics?

As received same yesterday from VCS........Or am I in out if my depth? 

 

 

[dx100uk]

no its a begging letter

let things run.

 

did you sent those Cpr's today?

[joa1]

Hi dx100uk

 

I thought so, as you said the same last night

 

Yes I sent them last night, Thank you for the kick up the #** I needed

 

Im just freaking out a little bit, I don’t understand why they are bombarding me with both PCNS as I haven’t had anything from Excel  

 

II need to get my statements done ASAP (as I’ve got 2 to do) 

 

Oh Lucky me...........

 

 

 

[FTMDave]

Well, if I was going to court for an easy £226 win against an incompetent adversary, who I could humiliate and thus put off others who would dare not pay me what I was owed ...

 

... I would, er, get on with it and get myself to court.

 

I certainly wouldn't send letters saying I would accept £125 to avoid court.  Why would I give up £100?

 

Seems like Simon has got desperate after having to change his underpants and it is you, joa1, who is well on the way to victory.

[joa1]

Hi,

 

Thank you FTMDave. I'm going to crack on with me defense statements now.

 

Wish me luck !!

[dx100uk]

you mean witness statement

 

dx

 

[joa1]

Yes Witnesses statement.

 

Thank you  

[lookinforinfo]

Knowing that Excel are amongst the greediest of the parking companies and would take you to Court for even the smallest of infringements if they though they would win, do you really think they would give up over £100. In any event if you were not the driver , the most they could legally claim was £100 plus interest [now around £20] and the £25 Court fee. So for £20 they think you would agree?

[dx100uk]

it this:

 

https://www.bing.com/search?q=Ashton+moss+Retail+Park%2C+Ashton+Under+Lyne&form=EDGNB4&mkt=en-gb&httpsmsn=1&plvar=0&refig=e4109d890d9948b1fd67ed2306507839&sp=-1&pq=ashton+moss+retail+park%2C+ashton+under+lyne&sc=0-42&qs=n&sk=&cvid=e4109d890d9948b1fd67ed2306507839

[odds]

Ashton Retail Park is here:

 

https://www.google.co.uk/maps/@53.4907169,-2.0978674,3a,69.4y,328.41h,90.49t/data=!3m7!1e1!3m5!1scFicRMubQzEl4PAk8uO2ww!2e0!5s20180801T000000!7i13312!8i6656?hl=en

 

There is also one at Ashton Moss and The Snipe.

[joa1]

Good morning  friends,

 

thank you you for the info. Just a quick question, do I have/need to acknowledge receipt of the letter to settle out of court? And if so, do I just write back saying thanks but no thanks?  

 

J

[honeybee13]

I wouldn't start letter tennis, especially not by email. Sit on your hands for now and see if the others think writing back is a good idea or not.

 

HB

[dx100uk]

god no!!

 

dx

 

[joa1]

Hi,

That’s good news. I thought the same, but just wanted to confirm. 

I didn’t want it to be something that could go against me in court

i. e. we sent the defendant a letter offering to settle out of court. 

As it says the court would rather both parties tried to come to an agreement of settlement without going to court. 

 

thank you

J