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    • We have finally managed to obtain the transcript of this case.

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Excel ANPR PCN - ignore 2xPAPLOC Now Claimform - Brewery Street Car Park, Chesterfield, S417UG


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1 Date of the infringement 14/12/2023

2 Date on the NTK  Issue date 27/12/2023

3 Date received 10/12/2024

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]  N

5 Is there any photographic evidence of the event? Yes

6 Have you appealed? [Y/N?] post up your appeal]  No

Have you had a response? [Y/N?] post it up No

7 Who is the parking company? Excel Parking

8. Where exactly [carpark name and town] Brewery Street Car Park, Chesterfield, S417UG

For either option, does it say which appeals body they operate under. IPC on their letter BPC on others

I have attached all letters received to date by Excel and others. 

Any advice is more than welcome

 

PCN Letters.pdf

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  • dx100uk changed the title to Excel ANPR PCN Claimform - Brewery Street Car Park, Chesterfield, S417UG

please complete this:

had to remove your upload 

PDF TOTALLY unredacted!!

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to Excel ANPR PCN - ignore 2xPAPLOC Now Claimform - Brewery Street Car Park, Chesterfield, S417UG

It was late last night and totally idiotic of me to submit that without my full attention.  I just wanted to get things moving. 

Also to my previous intial post the Claim form does mention schedule 4 of The Protections of Freedoms Act 2012

_______________________________________________

Which Court have you received the claim from ?

  1. Civil National Business Centre
  2. Response address: WWW.MONEYCLAIMS.GOV.UK

Name of the Claimant :   Excel Parking Service Limited

Claimants Solicitors: Sarah Ensall (Marked as Claimant's Legal Representative

Date of issue – 12 June 2024

Date for AOS - 28 june 2024

Date to submit Defence - 12th July

What is the claim for – 

1 The Defendant (D) is Indebted to the Claimant (C) for a Parking Charge(s) Issued to vehicle xxxxxxxxxx at Brewery Street Car Park, Chesterfield, S41 7UG.

2. The PCN(s) were Issued on 14/12/2023

3. The defendant Is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason 101) Parked Without Payment or The Parking Tariff For The Vehicle Registration Mark Of The Vehicle On Site

4. In the alternative the defendant Is pursued as the keeper pursuant to POFA 2012 Schedule 4 

AND THE CLAIMANT CLAIMS

1 £170 being the total of the PCN(s) and damages.

2. Interest at a rate of 8% per annum pursuant to s 69 of the County Courts Act 1984 from the date hereof at a daily rate or £.03 until Judgment or sooner payment

3 Costs and court fees

What is the value of the claim? £261

Amount Claimed £176

court fees £35

legal rep fees  £50

Total Amount £261

Have you moved since the issuance of the PCN? (y/N - if Y state Date too) N

Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? Yes DATE marked 09/05/2024

Claim form attached and redacted

Claim Form 12-06-2024.pdf

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Hi Loafboy and welcome to CAG,

You've invited us rather late to the party!

We normally suggest a "snotty letter" at the letter of claim stage, which can lock these idiots in their box. However, it is what it is.

I'm sure dx will be along to advise on acknowledging the claim online and we'll take it from there.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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please note your corrected dates for AOS and defence filing.

we need the FULL POC not your abridged version as asked in red on the guide

..................

pop up on the bulk court website detailed on the claimform.
[if it is not working return after the w/end or the next day if week time]
.
When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. 
Choose ‘Create sign in details’ to register for the first time. 
You will be asked to provide your name, email address, set a password and a memorable recovery word.

You will be emailed your Government Gateway 12-digit User ID. 
You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**

 then log in to the bulk court Website

https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464

.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
defend all
leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit the website

.get a CPR 31:14 request running to the solicitors

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim

type your name ONLY

no need to sign anything

.you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Below is copy of particulars from Claim Form

_________________________________________

1 The Defendant (D) is Indebted to the Claimant (C) for a Parking Charge(s) Issued

to vehicle xxxxxxxxxx at Brewery Street Car Park, Chesterfield, S41 7UG.

2. The PCN(s) were Issued on 14/12/2023

3. The defendant Is pursued as the driver of the vehicle for breach of the lerms on the

signs (the contract). Reason 101) Parked Without Payment or The Parking Tariff For The

Vehicle Registration Mark Of The Vehicle On Site

4. In the alternative the defendant Is pursued as the keeper pursuant to POFA 2012

Schedule

 

AND THE CLAIMANT CLAIMS

1 £170 being the total of the PCN(s) and damages.

2. Interest at a rate of 8% per annum pursuant to s 69 of the County Courts Act 1984 from the date hereof at a daily rate or £.03 until Judgment or sooner payment

3 Costs and court fees

__________________________________________

I will submit AoC later

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sticky reply post updated.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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24 minutes ago, Loafboy said:

I will submit AoC later

Looks like it might already be too late?

4 hours ago, Loafboy said:

Date for AOS - 21st june 2024

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

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Still might accept...but must be today

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Posted (edited)

@Nicky Boy Got me flapping, must be a mistype?

Date of issue – 12 June 2024

Date for AOS - 28th June 2024 (Plus 19 days from issue)

Date to submit Defence - 11th July (Plus 14 days from submission of AoS = 33 days from issue of Claim form)

 

 

Edited by Loafboy
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sorry my bad..AOS is 28th by 4pm..

go back and read the sticky PROPERLY upon how the calc dates.

the date on the claimform is ONE in the count

and courts are closed at W/Ends so stuff must be done to the friday by 4pm if your dates fall on a W/END.

:whistle:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

 

There is a difference of 13 days between the alleged breach and sending out the PCN. This means that only the driver is liable for the charge as the PCN will have been deemed to have arrived out side the stipulated time of fourteen days.

Therefore  only the driver is liable to pay the PCN. The keeper cannot be held liable and as you have  not appealed they do not know who was driving. many people are able to legally drive your car and the Courts do not accept that the driver and the keeper are the same person thus giving Excel some difficulty in winning their case.

So you can see  the numbskulls you are dealing with when they don't even know their PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 yet they are pursuing you as the keeper as well as the driver. Legally they can only pursue you as the driver.

However, staying in the car park for ten hours without paying  could be a difficult hurdle for some Judges to overlook unless you have a good answer to both problems. I presume you are the keeper?                                                                                            

Also you haven't explained why you were parked there for over 10 hours without paying or even if you are the keeper which may help as some Judges take a dim view of staying that long without apparently paying. Those Judges may decide , regardless of the faults with Excel's case, to find in favour of Excel.

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AoS submitted, will work on the  CPR 31:14 request to the solicitors later on today and will check back after. 

Thanks for help so far peeps.

 

 

.

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LFI is spot on.  Their invoice is out of time.

However, you haven't answered the questions.  What were you doing for nearly eleven hours in the car park?

Also, did you reply to their Letter of Claim?  If not, why not?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

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Posted (edited)

I am the keeper.

The car park is the one xxxx stay in to go to work. xxxxx was late that day due to traffic and had to sprint to the train station to catch my train, xxxx did use their parking app, which is intermittent at best, tried twice and failed tried a third time and went like everything had gone through, but now looking back, didn't. 

I didn't reply to the letter of claim as I didn't know the severity of what it entailed and unsure of authenticity of power the doc had.

I have filled out the CPR 31:14 as told by DX but I will await further info from you on how to proceed going forward.

Edited by Loafboy
Missed detail
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twill be the blank/bland defence further down in the Q&A sticky where the questions were.

but NO YET.

run the 33 days 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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We always suggest leaving the filing of your defence until nearly the last date it should be submitted. dx will correct me if I'm wrong but I think he means 33 days from the date on the claimform. From your post #12 that looks to be 11th July.

HB

Illegitimi non carborundum

 

 

 

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Hey all, I will be writing my defence tonight. I will share in here once I am happy with the draft.

Would I be able to get some pointers?

 

Many Thanks 

LB

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you already have it.. further down in the court sticky Q&A you filled out ..............dont need to write anything 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hey all, 

sorry its has been a hectic couple of days….

God did not want me to submit that CPR31:14 by any means but got it off with proof of postage. 

Also submitted defence to CC through MCOL. Have received a acknowledgement of submission letter from the tribunal services this morning. 

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