Excel/ELMS ANPR PCN - Wrong reg - Appeal rejected - Letter of claim now CLAIMFORM - Providence Street Pay and Display Car Park Wakefield, WF1 3BG

[dx100uk]

please carefully note your corrected date to file your defence.

do not file a defence till near the required date!!

dx

 

[Mazik33n]

Thank you very much, all the above completed bar submitting the defence. I see you say keep the details of the defence brief, would you make reference to the fact that a space was paid for and it was a mistake imputting the reg on the app? Pointing out they didn't actually incur a loss?

[lookinforinfo]

Excel do just what they say. They excel in getting things wrong. And they are ably helped by Elms ' The Tweedle Dee and TweedleDum[b] of the parking industry.

 n get wrong that will cause them to lose any claim against you. The principal one is getting your vrm wrong. You paid . End of. I doubt they will take you to court since they know it will get thrown out but they will try and put the frighteners on you in the meantime. It's just a question of standing up to them and not paying.

One of the reasons we ask for the original PCN is that if they get it wrong [and they often do] the keeper is no longer responsible to ap the charge. 

if the car park is closeish to you, it would be a great help to see some legible photos of the entrance to the carpark and the payment machine  signs as well as some of the signs in the car park itself-particularly ones that have different rules on them. Please do not get another ticket while you are doing that.

[dx100uk]

3 hours ago, Nicky Boy said:

And our recommended standard defence can be found further down the sticky you just filled out under Q2) How should I defend?

but dont file it yet!

 

dx

[FTMDave]

1 hour ago, Richardteal said:

I see you say keep the details of the defence brief, would you make reference to the fact that a space was paid for and it was a mistake imputting the reg on the app? Pointing out they didn't actually incur a loss?

There are different stages to the court process.

The defence stage is just a few lines basically saying "Oi, I'm defending this", except in a slightly more formal way!

Later on both sides will have to file a Witness Statement, which is the time to include all your detailed arguments, such as the fleecers suffering no loss because you paid.

LFI is right about the photos, also because Excel have a larger sister company, VCS, and on several occasions we've seen the wrong company's signs used which has been enough to win the case.

[Mazik33n]

Ive managed to find the original PCN whilst going through my documents today. Ive attached it. Thanks.

 

2022-12-01 Excel PCN NTK parking17-11-22.pdf

[honeybee13]

You need to edit out the PCN number please.

HB

[FTMDave]

Well the good news is that they have sent out the PCN too late to establish keeper liability, leaving them no-one they can legitimately sue.

However, none of that will matter if you outed yourself as the driver in your appeal.  Did you?

It would be useful if you could upload what you wrote in your appeal.

[Mazik33n]

Sadly yes I did. I (stupidly) thought that as I had paid and it was a simple mistake that it would be quickly resolved. How wrong I was.

[dx100uk]

pcn sorted in above post.

we need the backside too

 

you also need to change your username please

send me a msg with a few alternates that dont ID you!! ...important!!

[Mazik33n]

PCN rear

Original PCN rear.pdf

[Mazik33n]

Right, I am submitting my defence this morning. Theres a section re counter claims. I arent counter claiming at this point am i?

[honeybee13]

We never advise counter claiming, it can cause you problems.

HB

[Mazik33n]

Thank you. Appreciated!

 

Ive received the pack from their solicitors with all their evidence, do I need to upload it here? redacted?

[honeybee13]

It would be helpful to see their witness statement [WS] if it's there. Are there photos?

HB

[Nicky Boy]

1 hour ago, Mazik33n said:

Ive received the pack from their solicitors with all their evidence, do I need to upload it here? redacted?

"The pack... with all their evidence"?

This sounds odd.

Yes, upload it all please...

[dx100uk]

On 02/06/2023 at 11:25, Mazik33n said:

Date to submit Defence - 23th June 2023 

defence not needed yet..!!

you did do AOS? 

the pack is probably in response to your CPR request i would expect.

 

dx

 

[brassnecked]

Yes way too early for WS if AOS done its only the sket=kleton 3 line defence needed at moment.

[Mazik33n]

Hi, Ive now received a "Directions Questionnaire", I assume I'm saying NO to the offer of mediation? Is there anything else I need to be aware of regards this form?

[dx100uk]

yes lots

but is this from the court or excels one to you?

check mcol status, does it say they have been sent out?

go read evri claimform threads!!

which is what you should be doing in between stages so you know whats to come and how to react.

you also have not uploaded this evidence pack? from them....

[Andyorch]

 

[Nicky Boy]

Mazik,

When DX said "evri claimform threads", I think he meant "other threads"

 

Probably multitasking... dealing with his sheep...

[dx100uk]

please stop upload numerous 1 or 2 page PDF's 

we'll be here allday downloading each one.

read UPLOAD

and use the websites listed 

like PDFmerge. and reducer.

and learn to rotate pages please!!

 

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