Court summons received for a parking ticket in 2019

[Ljw]

Hi everyone.

This morning i received a small claims summons through the post.

The claim is for £245 claiming in February 2019 id parked in some car park without a permit.

At the time I dont recall parking my car in this place as its not a normal place Id park my car. It 3 years ago and I cant recall who was driving the car.

I never had anything through the post previously and never had any letters back in 2019.

around 2 months ago I got a letter saying I owed £160 for an outstanding parking notice but thought it was a joke so ignored it. Last month I got a letter from a solicitor stating they would be taking me to court for failure to pay, i thought it was another scam so ignored it again and this morning I have received this paperwork through the post.

I have 14 days to respond. The parking company is excel.
the solicitors is Elms.

Any help or advice appreciated.

Regads
Lee

[Ljw]

Hi,

Just adding some more information to this thread and some more details of the claim. This is the claim particulars.

The claim is for a breach of contract for breaching terms and conditions set on private land. The defendants vehicle, (my license plate), was identified in the Quadrant Service Area on 28/02/2019 in breach of the advertised terms and conditions; namely Parked without displaying a valid ticket/permit. At all material times the Defendant was the registered keeper and/or driver. 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 acceptance of the offer hereby entering into a contract 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. The claimant seeks the recovery of the parking charge notice, contractual costs and interest.


total £245

[ostell]

So SAR to the Parking company and CPR 31.14 request to the solicitor for all the documents they intend to use, especially the PCN and a copy of the sign that allegedly created the contract.

The sign looks as though it is a forbidding signs, ie there is no offer of a parking contract.

Wait till day 5 after issue date and acknowledge the claim online using the details and password on the form. This gives you 33 days from date of issue to get your defence to the court.

[Ljw]

So SAR to the Parking company and CPR 31.14 request to the solicitor for all the documents they intend to use, especially the PCN and a copy of the sign that allegedly created the contract.

The sign looks as though it is a forbidding signs, ie there is no offer of a parking contract.

Wait till day 5 after issue date and acknowledge the claim online using the details and password on the form. This gives you 33 days from date of issue to get your defence to the court.

Thanks for the direction. Will get onto this.


Is there any problems with these dates? 3 years after an alleged offence for a parking issue seems an awfully long time ago to be issuing this sort of action.I actually would not have parked in this location as I have a free parking pass at a local gym 5 mins away and always park there. There are other people with access to my vehicle and it could have been them.

I will request the information.

Regards
Lee

[Ljw]

Just a quote update.


I have the SAR and the CPR31.14 ready to send tomorrow via recorded delivery.

I have acknowledged the claim tonight.

A claim was issued against you on 04/03/2022
Your acknowledgment of service was submitted on 09/03/2022 at 23:07:43

I will be back in touch when I hear anything from the court, excel parking or Elms legal.

thanks

[ostell]

Send the SAR and CPR via first class nail with a free certificate of posting from a post office.

Every time I've used Signed for it has never been signed for but has been received.

[Ljw]

Send the SAR and CPR via first class nail with a free certificate of posting from a post office.

Every time I've used Signed for it has never been signed for but has been received.

They was sent today recorded unfortunately.

As another note I found out something interesting today.

I went and paid a visit to the area where they are claiming I got a ticket. The area is not even managed by Excel parking but is managed by Park Bank so I'm guessing sometime between Feb 2019 when excel must have been managing the area park bank have taken over.

I was under the impression they needed permission from the landowner to take legal action so surely this is not possible if they do not manage the land?

thanks
Lee

[Ljw]

All letter have been received by them on either Friday / Sat and have been signed for.

[Ljw]

Send the SAR and CPR via first class nail with a free certificate of posting from a post office.

Every time I've used Signed for it has never been signed for but has been received.

Hi Guys,

Today I have received a reply from ELMS LEGAL .


The letter states the following:

The parking charge was issued on 28/02/2019 at Quadrant Service Area for 94 Parked without displaying a valid ticket / permit.

ALL information ELMS LEGAL has on file was received by them on 10/02/2022. Everything ELMS Hold on this matter is included in the letter.
Any further information should be requested directly from their client.
They continue to state the claim was issued on 03/03/2022 and I have 14 day period from the issue date to submit a defence / acknowledgement of service.


The following letters were enclosed in their response. These include letters I received recently from Excel Parking.

From Excel parking: Date: 10/01?2022 - LETTER BEFORE CLAIM
This letter states the matter has been passed to the legal department to recover the sum of £160.
It suggests recovering payments have proved unsuccessful and they have no choice but to commence legal proceedings.

From Excel parking: Date: 29/12/2021 - FINAL DEMAND
A demand for payment of outstanding balance of £160 giving me final opportunity to settle the account before court action.

From Excel parking: Date: 13/12/2021 - DEMAND FOR PAYMENT
The account has been passed to debt management team for recovery. They state they have added £60 to the £160
Deadline for action 27/12/2021
This letter has a picture of my number plate and my vehicle parked in a car park.

From Excel parking: Date: 08/11/2021
This letter states I owe £100 for an outstanding charge.
The letter states they previously notified me by post and mail was returned to them.
(There is no reason stated as to why the mail was returned)
However, we have undertaken a trace on the address and used this to confirm the address is associated with me.

They give me a choice of paying the charge or entering Liable Party Details.
Plus a warning stating is no payment is made by 22/11/2021 additional costs and debt recovery and/or court action.

All of the above letter I received from Excel parking but actually thought it was a scam and not true because
I have NEVER had any contact previously from them.


EVERY LETTER BELOW I HAVE NEVER RECEIVED FROM EXCEL


Date - 04/04/2019 Parking charge notice - final reminder
Contravention date: 28/02/2019
Contravention time: 14:11

Date - 04/04/2019 Parking charge notice - notice to keeper
Contravention date: 28/02/2019
Contravention time: 14:11


The 2 letters above I have never received from Excel parking


They have enclosed some images:

Image 1) my front reg plate
Dated 28/02/2019
Time: 13:56:26


Image 2) my rear reg plate / vehicle view
Dated 28/02/2019
Time: 13:57:08

This pic shows a car park. and can barley make out a sign in yellow in the distance.

Image 3) my rear reg plate
Dated 28/02/2019
Time: 13:57:16

Image 4) A view through the drivers window. could be any vehicle
Dated 28/02/2019
Time: 13:57:48

Image 5) An image of permit holder only sign
Dated 28/02/2019
Time: 13:58:04
I'm unable to see any location on this sign as it's quite blurred and not easy to read most of the test.
Some of the bigger words like valid permit is readable.

Image 6) picture of a windscreen with something underneath the wipers
Dated 28/02/2019
Time: 14:09:38

Image 7) blurred picture showing the windscreen of a vehicle which is blurred
Dated 28/02/2019
Time: 13:57:26

Image 8) A image showing the inside of a vehicle front the passenger side
Dated 28/02/2019
Time: 13:57:36

Image 9) A4 image of a permit holders notice - this notice shows the location "The Quadrant" permit holders only.
All other text in this image is blurred and unreadable

Image 10) This image is what looks like a printable (PDF or JPG) version of the sign shown in Image 5.

This image shows "The Quadrant" where the ACTUAL image taken apparently from the parking site has NO location.

Image 11) an land registry diagram of the land in and around the surrounding area.


Finally Last but not least there is a contract between Excel Parking Service Limited and Redditch PROP Co LuX Sarl CO Lee Baron for a car park service agreement.

The Agreement for a period of 36 months came into force on 21 March 2016

I understand this agreement is 9 pages long.

Is there any particular part which will I should include or should I can the entire agreement and upload it to here so you can see it all?


many thanks for any help

Regards
Lee

[Ljw]

Please find enclosed the contract between Excel and the landowner and also some images they have sent me.

[Ljw]

contract

[Ljw]

contract continued

[Ljw]

Hi guys.

can someone tell me how long these companies usually take to resoond to SAR?

Both Excel parking and elms legal received the letters on 9th March. So far elms legal has redponded to the CPR31.14 with the information above but no response regarding the SAR.



regards
lee

[MIKE770]

SAR 30 days

[Ljw]

Thanks
it doesnt give much time to respond to the claim if they have 30 days to respond and I only have 33 days to respond with a defense.


What happens if the SAR reply is not received in time ?