Apologies for wasting your time I must have got your case mixed up with someone else's. Anyway, your defence is fine.

Nick - it pains me to say it, but I think their PoCs are OK. They do say "the defendant is pursued as the driver" and then add that if that fails they use POFA to pursue as the keeper, which I think is alright. Karalius - maybe I'm dreaming this, but I have it in my head that they send you a LoC for £160 and later another for £170. Is that right? It's hard to tell from your attachments as you've had to delete some for space.

Superb work. You don't mess about!

How about these changes? There's a hint there about the consideration & grace periods without actually spelling it out. They must know that means their case is rubbish. However, they are very, very litigious. Dear Simple Simon, Re: your invoice no.XXXXX thank you for your Letter Before Claim I am 2-0 up in terms of Small Claim Court Proceedings so I look forward to the opportunity to claim a Hat Trick, this being more straight forward than my previous two cases. I will be asking the court for an unreasonable costs order under CPR 27.14(2)(g) due to your conduct over this absurd claim. Despite my best endeavours you still are of the belief I have breached your terms. I cannot breach terms that I was not present to accept. Did you even read my initial response? Maybe have another read and save yourself some money. While you're at it have a butcher's at section 13 of the IPC Code of Practice, 2023 edition, dumbo. I look forward to your deafening silence. Yours sincerely Xxxxxxxx

Laura - so yes, you need to to e-mail the court today. In the subject heading put: the claim number; the names of the parties; court order dated 21 March 2024; preliminary hearing 25 June 2024. Point out that the court order dated 21 March orders you to file documentation by 8 April, but you only received the order today 10 April. Therefore it is impossible to comply with the order but you will do so as a matter of urgency. No disrespect to the court is meant. You have already made an appointment with your GP on XXXXX in order to be able to comply with the court order. Next get your GP to write what the court wants. It's only brief - "on the balance of probabilities the defendant currently lacks capacity within the meaning of the Mental Capacity Act 2005 to conduct legal proceedings in claim number XXXXX".

Well, one of my work commitments got cancelled, or earlier than expected here is what Laura received today. Comments in a minute. Court orders.pdf

Sorry, but an application to the court has to be done properly. We need to see what they have told you to do. The last thing we want is for the application to fail. I'll PM you with an idea.

Can you upload the letter please Laura?

Lolerz is spot on. It just needs a 2-line letter saying you've moved from A to B. Invest in a 2nd class stamp and get a free Certificate of Posting from the post office. This is essential. Just about every week we get someone on CAG who has lost a court case by default as the papers went to the wrong address. If you want to read about ghedgehog's thrashing of them in court, it's here https://www.consumeractiongroup.co.uk/topic/454551-opsdcbl-2xpcns-paploc-now-claimform-machine-said-not-in-use-llangrannog-beach-car-park-west-wales-claim-dismissed/#comment-5114713

BB - the OP says they are already at Letter of Claim stage. Warrior - before going any further, let's deal with the matter of naming the driver. Excel and their sister company VCS are very well known to us. They have a company policy of issuing court claims against huge numbers of motorists who don't pay them, maybe the majority. Therefore, however you respond, you're likely to have to see them off in court. Winning in court is not a problem, but be aware that's where the winning will probably be. I once went through old cases and worked out that Caggers won against these companies in court around 85% of the time. Presumably they have this disgusting policy because there must be large numbers of people who cave in when court papers arrive, so Excel/VCS can take on the chin the number who have the staying power to go all the way and beat them. So - do you want to name the driver to them and remove yourself from the loop? Or are you happy to keep fighting them yourself? We will of course back you up all the way.

Why is your claim not viable? It costs £35 to issue a small claims action, which you get back if you win.

The pub has rave reviews on Google Maps about the helpfulness of the landlord and the staff. Turns out Pete is the landlord. It has to be worth a try contacting the pub. It's a huge pity that wasn't done in July 2022,

dx is spot on. The E-mail address is there: Pete9263@gmail.com Explain to them what you explained to us and ask them to call CEL off. Has to be worth a try.

I don't quite know how they've made the balance out to be £599, but anyway ... Ho! Ho! Ho! If their case for £600 is so good, why are they prepared to accept £200? I think we can work that one out.

There is no-one on this site who hasn't made mistakes when in a legal dispute. I've made loads. It's inevitable if you've not been in the situation before. However, it's important to learn the lesson and get it right next time. It was not a good idea to ignore a Letter of Claim. In the minds of the parking companies, if someone ignores a Letter of Claim they might ignore a claim form too and gift them an easy default victory. Throwing away the paperwork was a bad idea. You've now got to defend a case without really knowing what you're being accused of. You can be damn sure that CEL will put as many obstacles in your way as possible while you play catch up. What would have been a good idea would have been to get on to the pub and ask them to intervene. We have had lots of cases where the organ grinder got tickets cancelled. Anyway, spilt milk and all that. 1. Wait and see if CEL reply to the CPR. If not, around the time you file your defence, you can SAR them. 2. Given your good relations with the pub, even at this late stage get on to them and ask for their help. It can't harm you. 3. Is the pub local to you? You mention the rubbish signage. It would be a good idea to go and take photos of the signage (or lack of).

OK, a few things. 1. Are you sure they didn't send you a Letter of Claim a month or so before the claimform? 2. We need to see your appeal to find out if you outed yourself as the driver. 3. We need to see the original invoice to see if CEL abided by the legal time frames for sending their invoices out. 4. Why did you park for nearly nine hours in the car park? Please deal with these points. If you've thrown paperwork away then tell us, and a SAR can be arranged.

UKPC are too stupid to lose their own cases so they employ sixth-rate solicitors to lose their cases on their behalf. So yes, send theirs to whichever solicitors are named on the claim form. I would presume that is the right court address, but after sending it it might be an idea to ring them just to be sure.

I don't think it makes a massive amount of difference either way. The important thing is to prepare a strong WS - and you have done. If you use e-mail there is a chance they will try to sneak in extra evidence at the last minute. If you use Royal Mail there is a slight chance that the delay will be used against you, but it's unlikely as a Litigant-in-Person is allowed leeway. Your call. I won't be around for the rest of the day as I'm now off to the excitement of an Italian third division football relegation clash!

Personally I think your husband is in the wrong. It's his fault this company's employees can't look after keys properly, plus that it rained over the Easter weekend and to boot that my football team completely dominated their game today, hitting the woodwork twice, yet the match finished 0-0. He has a lot to answer for.

On a less silly note the last line should be in the present tense - The Claimant claims payment of £87.

I was going to disagree with the other regulars and say to use e-mail tomorrow/Monday given the deadline. After all, UKPC have your e-mail address and it's a bit late to tell them to stop using it. However, I'm musing about the £90/£100 sign. We've seen in other cases where the PPC has messed up with their lie mistake with signs, and when they cotton on when reading the Cagger's WS they try to rush a Supplemental Witness Statement to the court. So the less time they have the better. So up to you, but it might be an idea to e-mail the court tomorrow/Monday with their copy. Make sure that in the subject line there is written - the claim number, the names of the parties, the hearing date, and the words "Witness Statement". Obviously click on "Return Receipt". Then on Monday send UKPC theirs by 2nd class post (all they are worth) and get a free Certificate of Posting from the post office.

For Excel v Wilkinson - the whole thing. For your lease - just the extracts.

As no-one is disagreeing with your PoCs, then go for it! You could even stick the boot in On 19th February 2024 the Claimant agreed to replace the locks on the front door of the premises occupied by the Defendant for the sum of £87. This job was completed to the Defendant's satisfaction. The Defendant even sent the Claimant a message thanking him for the good job at a good price. The Claimant invoiced the Defendant on the same day but to date payment has not been received despite numerous requests from the Claimant. The Defendant has stated that they do not intend to pay. The Claimant requested payment of £87.

See what you think of this version. I've tidied up the Prohibition section. I've added a new (11). Remember to add the Exhibit F which is mentioned in (32). Above (23) and above (24) I've knackered the layout somewhat. Sorry. You'll have noticed this is not my forté. Hilarious that they have included the £90 sign instead of the £100 one. Hoisted by ... Witness Statement 06042024b.pdf

dx, the Word document was my fault, I requested it. The OP's PDFs are scanned document and that makes it impossible to copy, paste or delete sentences or paragraphs.