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County Court Claim - Parking outside bay

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  • County Court Claim - Parking outside bay

    Hi all,

    I'm looking for some advice regarding a recent County Court Claim from Excel parking.*

    The incident occurred last January but I received no correspondence regarding the matter until the County Court Claim

    The particulars were very limited and provided no real details on the parking transgression.*

    Following advice I contacted EXCEL for further detail and they provided me with a photo evidencing that I was parking outside of a bay and therefore in breech of contract.

    It is clear that I had accidentally parked outside a bay.*

    Excel claim they wrote to me regarding this but I received nothing until this court claim letter. No Pcn or LBC.*

    Had I received something from Excel I would have immediately paid at the reduced rate as I'm obviously outside a bay.*

    However, now I have a county court claim for 150 which is made up of 135 fine and 25 Court fees. If I had been notified I would have paid the initial amount of 70. This seems totally unfair and I was hoping that there is a defence to just pay the initial amount? Is anyone able to provide advice.*

    On a side note, the day I parked and the time stamp on the photo is the day before the date on the claim. I. E. Transgression happened 6th Jan which is confirmed by the photo but claim is for 7th Jan. I don't want to drag things out as it seems I'm not in a bay but I'm worried if I just pay the claim with the wrong date they can just issue another claim with the correct date!!*

    Thanks in advance.*






    *

  • #2
    Acknowledge the claim and make a defence that
    a) you received no statutory notices
    b there is no evidence you were in the carpark on the day in question (because photo shows different date).

    Once it gets to direction stage they will have to send all the documents they claim they sent you to the court (and you).
    My guess is you will win on the photo alone and if they filed again you could claim vexatious and malicious practice.
    It depends on what they send you regarding the documents on how to proceed (the dates especially)

    It seems to me that you don't really want this hassle though ? Phone them or write to them directly, pointing out your defence (above) and offer a deal that you will pay the original fee if they withdraw the claim.

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    SHORTCUTS

    Pre-Action Letters
    First Steps
    Check dates
    Income/Expenditure
    Acknowledge Claim
    CCA Request
    CPR 31.14 Request
    Subject Access Request Letter
    Example Defence
    Set Aside Application
    Witness Statements
    Directions Questionnaire
    Statute Barred Letter



    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service

    Defend Claim - within 28 days from Service (IF you acknowledged in time)

    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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    If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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