**DISCONTINUED** excel parking services parking fine....

[06868bev]

Re: excel parking services parking fine....

Hiya
I have had a letter from the court service as they are intending to take the matter to county court .....there has recently been a case very similar to mine at Manchester whereby the judge ruled against Excel due to a technicality ..I expect you are aware because the parking notice was invalid as it did not comply with the POFA 2012..
I have repeatedly told them that I was not the driver and they are assuming because I am the RK that I was driving however she argued that the PCN fell under POFA but did not comply with the correct wording..
Excel subsequently lost the case and stated in court....." From the outset we did not seek to rely on POFA but on the reasonable assumption that Mrs Backhouse was the driver responsible for the PCN....It is disappointing that she did not engage with us earlier as this could have avoided the matter going to court.."
What a set of lying bxxxxxxs ...I have done nothing but engage in dialogue with them and still they persist with this action.
I am wondering if in my defence response back to the court service I should mention this recent case as it is identical to mine or just deny it and see what happens at court..??
Many thanks in anticipation..

[mystery1]

Re: excel parking services parking fine....

They've lost a few for the same thing.

Have you actually had a claim form now ?

M1

[06868bev]

Re: excel parking services parking fine....

Hi thanks yes I have ive just sent my defence in on line stating the fact that I was not driving and its not my debt etc.....

[mystery1]

Re: excel parking services parking fine....

Do you want to post the claim form and defence up ? (sanitised of course)

M1

[06868bev]

Re: excel parking services parking fine....

this is my defence:

This debt does not belong to me as I have told Excel Parking/BW
Legal on many occasions.

I do not know who was driving the vehicle in question when the
parking charge notice was issued.

I did not drive or park the vehicle in question on the date
specified .

I have also relayed this information to Excel Parking/BW Legal
more than once.

Excel/BW Legal say that they are not relying on POFA 2012.

There is no evidence to prove that I was driving .


They have assumed I was driving due to me being the registered
keeper at the time of the parking charge notice.

I was at home on this day waiting for a BT engineer and I have
sent them a copy of the email I received from BT.

I have done everything possible to assist BW Legal but am unable
to ascertain who was driving at the time of the issue of the PCN.

They refuse to engage in dialogue with me about the matter.

I also refer to the recent similar case at Manchester when the
defendant Carol Backhouse was in the same situation and the court
found in her favour after BW Legal failed to communicate with her.

I am at a loss as to how I can make it any more clearer that I was
not driving and therefore the debt is not mine.


this is the claim form:

[mystery1]

Re: excel parking services parking fine....

Well it covers the main defence that you were not the driver and not liable.

M1

[06868bev]

Re: excel parking services parking fine....

Hi
I also wanted to mention that I have had a letter from the court service saying that Excel/BW legal have been served with a copy of my defence .
They have 28 days to respond to the court or the matter of the claim will be stayed.
Am I right in thinking that if they don't respond to the defence within a month the claim will be dismissed..??
Thanks in anticipation..

[mystery1]

Re: excel parking services parking fine....

No. It will be stayed (put on hold)

M1

[06868bev]

Re: excel parking services parking fine....

Thanks but until when..??...
How long do they have to bring the matter to court..
Cheers

[mystery1]

Re: excel parking services parking fine....

Thanks but until when..??...
How long do they have to bring the matter to court..
Cheers

Probably until they discontinue or you point out it's been a while which may need an application which is too expensive to consider.

M1

[06868bev]

Re: excel parking services parking fine....

hi I have now received a directions questionnaire, I have also received a lot of information regarding mediation..?? Surely for mediation the defendant has to be guilty..??
any information on the next stage would be appreciated thanks....

[charitynjw]

Re: excel parking services parking fine....

Who have you received the DQ from? (The Claimant/sols sometimes sends the Defendant a copy of their DQ for information & to show intention of progressing the court claim).
If the court sent it you must complete it & return it per instructions & by the stated date.
Re mediation, some folks say yes, others no.
But imho, as the courts are big on parties trying to settle out of court, I would usually say 'yes'.
It is not an admission of liability to do so. (Saying 'yes', that is).

[06868bev]

Re: excel parking services parking fine....

ok thanks the DQ is off the court service...

I was inclined to say no to mediation because its not my debt and I would not agree to pay anything to those cowboys..

I will send back then and have a think about mediation however I don't believe they would agree to it unless it meant that I agree to pay them something which I have stated from the outset that it wasn't me so I don't see how the matter can be mediated...

any thoughts on this ?

[charitynjw]

Re: excel parking services parking fine....

I've had a quick read back through the thread........gobsmacked, to put it mildly!
I'd just complete the DQ as previously stated....yes to mediation.
In due course mediation will phone you (or email).
From what you've posted it will not be a suitable case & will be chucked back to court for allocation.
But you will appear to have been 'reasonable' in that you tried mediation, but hey ho, not possible.

(They can't be trotting out Elliott v Loakes, surely?)

[06868bev]

Re: excel parking services parking fine....

Thank you.
There has been a recent case in Manchester (Carol Backhouse) which they lost almost identical to mine where they said they were NOT relying on POFA2012 .
I am hoping that I get the same judge..!!