Show Posts - eggybread123

Good morning!A positive result, thank you for all your help! [ Guests cannot view attachments ]

Hello I’ve received a court date now, slightly worried! Any advice I feel a bit out of my depth now. [ Guests cannot view attachments ]

They’ve rejected my appeal but it feels like they’ve not acknowledged the reason for appeal… should I go back to them to clarify or go via POPLA? [ Guests cannot view attachments ]

Quote from: DWMB2 on 01 May, 2025 23:45The notice refers to a "statement of liability" and "a copy of your signed hire agreement" - did ParkingEye send you either of these with the notice?No, these were the only two pages received

Hello I received a direct notice as registered keeper today. Any advice please? I’m not entirely sure what the breach of terms is as the notice is quite vague? The driver did shop in Aldi on that day.Link to letter PDF

Hello received today!I think this is potentially due to overstaying limit of car parking and or driver not putting car reg into the machine, slightly unclear.The driver has proof they shopped at Aldi but no receipt.Car is leased via lease company hence delay in notification.Googling the rules it looks like there is a 90 minute stay limit on this car parking. [ Guests cannot view attachments ]

Hi guysHad the notice of transfer of proceedings today. Assuming I just now sit tight and wait for next steps?Quite surprised they are still going for it especially with all the latest (& local) rulings for the same car park, same problem and same court! [ Guests cannot view attachments ]

Just had part 1 of the call, the mediator discussed what could happen if I went to court and the burden would be on me to prove I didn’t breach the terms and conditions of the parking not on them. He said only way to avoid it is offering a settlement today.I offered £0 He asked me to explain my defence? So I said it was disproportionate to the loss they’ve achieved (this bit took me by surprise so hoping I’ve not said too much!) Call lasted 4 minutes  He then called back to say they intend to take it to court and I should expect more details soon

I’ve had a bit of a nightmare, hadn’t heard anything but just had a SMS reminder about mediation TOMORROW! I’ve just found the email in my junk copied below, please could I have some advise?Email below:Claim number:XXXXXParties: EXCEL PARKING SERVICES LIMITED V XXXXXYour telephone mediation appointmentAppointment date: 03/04/2025Appointment time slot: 09:30 to 12:30Your confidential telephone mediation appointment has been booked for the above date and time slot. This means that the mediator will call you between the times shown. Your appointment will last for around one hour from the point at which the mediator calls.The mediator will call both parties separately – you will not talk directly to the other side. They will try to help you both come to an agreement before the case goes to court.Where your mediation appointment is mandatory, If you do not attend the appointment, the judge will take this into consideration at any court hearing and may issue a penalty. This could include the judge automatically ruling in the other party’s favour or ordering you to pay for some or all the other party’s costs.Preparing for your appointmentYou must make sure you have provided us with, or confirmed, the name and number of the person who will be conducting the mediation appointment. If you have not done this, or need to update your telephone number, you should contact us using the details at the end of this letter no less than 5 working days before your mediation appointment. Failure to do so may result in your mediation appointment not taking place and may result in a Judge issuing a penalty where the mediation was mandatory.The mediator will call from a withheld number. Make sure that withheld numbers are not blocked on your phone.Be ready to receive a call from the mediator from the beginning of your time slot. The mediator will call the telephone number you provided in your application.If the mediator cannot contact you within 10 minutes of the appointment start, the appointment will be cancelled and you may, where mediation is mandatory, face a penalty for non-attendance.Rebooking your appointmentIf you need to rebook your appointment, you must have a good reason. The administration team will only consider rebooking in exceptional circumstances, such as an accident or a family bereavement. You must let us know as soon as possible.Nominating a different representativeIf you want someone else to represent you at mediation (like a trusted friend, relative or a solicitor) you must contact the mediation teamIf you want to choose someone to attend your mediation appointment on your behalf who is not a part of the claim or is not a legal representative, you will also need to complete a delegated authority form. You can find out more about this on GOV.UK.Your representative must know the facts of the case, understand how far you’re willing to compromise and have full authority to act on your behalf. You’re legally bound to any settlement agreements your representative makes on your behalf.What happens in your mediation appointment?Introduction from the mediatorThe mediator will introduce themselves and check that you have read and understood the mediation process.Explaining your positionYou will need to briefly explain your claim or defence to the mediator. You should prepare for yourself a brief summary of the main points.Negotiating options You’re attending mediation with a view to settling your case. This means negotiating to overcome disputed issues. The mediator is neutral and helps each party to explore options and discuss risks. Mediation works when you’re willing to listen to what the other party has to say, negotiate and agree a settlement.Building agreementSettlement can be in many different forms, for example, payment, goods or work. Both parties must agree on the outcome and feel they have reached an acceptable resolution.Reaching a settlementThe mediator will read the terms of the settlement and confirm agreement with each party. Once agreed, the settlement is legally binding and cannot be changed. A copy of the mediation settlement is sent to both parties and placed on the court file.ConfidentialityAll mediation appointments are confidential. An agreed settlement includes a standard confidentiality clause.Ending the mediation processThe mediator can end the mediation if, at any time:either party breaches the terms on which they agreed to mediationthere is no prospect that the mediation will end in settlementthe mediator deems it inappropriate to continue in the case that one or both parties are vulnerable userseither party asks to end mediationFind out more about Small Claims Mediation by watching our video HERE. Find out more in the guide to the Small Claims Mediation Service on GOV.UK.Small Claims Mediation Service contact detailsIf you have any complaints or issues to raise about the Mediation Service, contact us by email or telephone:Email:  scmreferrals@justice.gov.ukTelephone: 0300 123 4593Monday to Friday, 9am to 5pmWe record our calls for monitoring and training as it helps improve the service we deliver. If you want to know more about how we handle your personal data, visit https://www.gov.uk/government/collections/your-data-and-how-we-use-it [ Guests cannot view attachments ]

Update, they intend to proceed.Email [ Guests cannot view attachments ]

HiIt is the same one the local MP is involved in - I've been in touch with her but Excel refused to meet her.A couple of questions of the defence above - it mentions another order that has been referenced and attached? Where do I get that from?Also do I not need to defend anything about the 5 minute rule or is essentially the defence built on a technicality around how DCBL have raised the claim?Grateful of advice just so I can understand more of what I'm submitting in case I have to say anything in court Appreciate all the help so much

Duplicate post apologies

Quote from: b789 on 18 Jan, 2025 02:03With an issue date of 7th January, you have until 26th January to submit your Acknowledgement of Service (AoS). Follow the instructions in the linked PDF to submit your AoS:https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0Having submitted your AoS, you will then have until 4pm on Monday 10th February to submit your defence.Let us know when you have submitted your defence and we will provide a suitable defence.Hello, thank you again.I've now submitted my AOS

Hello thank you for your reply. Here at the answers to your points raised:Please show us the N1SDT Claim Form you received. - https://files.catbox.moe/9iwdm2.pdfHas Excel issued the claim themselves or have they used a bulk litigator such as Elms Legal or DCB Legal? DCB Legal LtdYou have not shown us the original Notice to Keeper (NtK) that was received - https://files.catbox.moe/9tgsim.pdfAppeal wording: unfortunately I did not keep a record of this as I thought it was an admin error and that it was a PCN for the driver not paying, I challenged on this basis saying the driver did pay and I attached proof of payment. It was only when my appeal was rejected that I realised it was the longer than 5 minutes aspect not non payment.

On the 21st August 2024, upon entering the car park, the driver found a space, parked up, and explored how to pay. The payment took 17 minutes to process as the driver had to locate a machine, take down the code, load the app, find signal of which the driver couldn't until they went to the leisure centre and joined the wifi, whilst getting two children ready to go swimming at the leisure centre. The driver eventually paid for 3 hours parking and left the carpark within 3 hours of arriving into the car park.On the 30th August i received the parking notice from Excel parking (PDF attached)As the registered keeper I appealed this charge on the 10/09/2024, albeit as I had misunderstood the charge and thought that the notice was for the driver not paying for parking, of which I have evidence of payment.On the 21/09/2024 my appeal was dismissed https://imgur.com/a/AH4SrIqOn the 23rd October as registered keeper I was sent a letter from DCBL acting on behalf of Excel Parking https://imgur.com/a/2SqholqOn the 07 Jan 2025 I was issued a Claim Form for a Civil National Business Centre claim from Excel Parking. Claiming a total £259.40 (£174.40 claim + 35.00 claim fee + 50 legal fee)I have not corresponded with Excel or DCBL since my initial appeal.image of signage: https://lh3.googleusercontent.com/p/AF1QipOXXhGI9hFl-m0svDWjiGtQGdOwbY1vPIguOXQl=s2880-w2880-h1514google maps street view :https://maps.app.goo.gl/nVCbSWVajRDM3suH8 [ Guests cannot view attachments ]