Author Topic: Excel Parking Services Ltd - Incorrect Registration - Leeds Crown Street 24Hr Pay Car Park  (Read 3445 times)

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Thank you

Dear Hero Member

Rather than obvious subject headed DBL ref: x or from email DBL one was emailed from Lorraine Boardman.
I had asked the form be sent unfortunately they emailed and I missed it.

Two forms were attached for completion:

DCB LEGAL FINANCIAL AND AFFORDABILITY INCOME AND EXPENDITURE STATEMENT [Am I required to disclose my financial information?]

And

REPLY FORM
YOU HAVE 30 DAYS FROM THE DATE AT THE TOP OF THE ENCLOSED LETTER TO FILL IN AND
RETURN THIS FORM. IF YOU DON’T, IT COULD RESULT IN COURT PROCEEDINGS.

The closest box to why I shouldn’t pay is:
BOX D
I dispute the debt.
Tick this box if you don’t owe the debt, for example because the debt should be paid by someone else,
because you have already paid it, or because there is a legal problem with the credit agreement.
I dispute the debt because ……………
Explain on a separate piece of paper why you dispute the debt. Give as much detail as possible and provide
copies of any supporting documents.
NOW GO TO SECTION 4.

SECTION 4: What documents are you sending with this form? What information do you need?
Complete the boxes below if you want to provide or get more information.

To arbitrator I wrote ‘Should this appeal be rejected, I am fully prepared to defend this matter in court, where I
will require Excel Parking to substantiate their claims with proper evidence of record logs
from and including 26 September 2023 through to and including 28 August 2024, showing
the VRM’s where only the 1st or 1st and 2nd characters of VRM’s are on data log, instead of
other 6 VRM’s entered after 1st character.’

I have now received a Claim Form from Civil National Business Centre totalling  £260.84 (Claim of £170, interest, court fee & legal costs)

Having failed to complete DBLs two forms have I lost the battle or is there a way I complete the Claim Form to try to get out of the total amount?

Could I attach the reply form late saying not completed previously ‘cos missed as not sent by mail and ask for copies of record logs from and including 26 September 2023 through to and including 28 August 2024, showing the VRM’s where only the 1st or 1st and 2nd characters of VRM’s are on data log, instead of other 6 VRM’s entered after 1st character?

Once again your help is greatly appreciated

You were not obliged to fill in or even respond to DCB Legal’s forms. It was not an appeal form but a Letter of Claim (LoC) which gave you 30 days to pay or they would issue a claim, which they have now done.

Please show the N1SDT Claim Form (we do not need to see all the other paperwork that came with it and you can discard them). Redact only your personal info, the claim number and the MCOL password. Make sure all dates and times remain visible.

What is the issue date of the claim?
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Dear Hero Member

Please find Claim Form attached. Issue Date: 11 Feb 2025.

Thanks again

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« Last Edit: February 15, 2025, 08:21:27 am by Anxious Parker »

This is the only bit we need to see:



Chuck all the other forms in the bin.

With an issue date of 11th February, you have until 2nd March to submit an Acknowledgement of Service (AoS). By submitting an AoS, you would then have until 4pm on Tuesday 11th March to submit your defence. If you do not submit an AoS, then you have until 4pm on Monday 17th March to submit the defence.

If you want to submit an AoS then follow the instructions in this linked PDF:

https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0

Otherwise, here is the defence and link to the draft order that goes with it. You only need to edit your name and the claim number. You sign the defence by typing your full name for the signature and date it. There is nothing to edit in the draft order.

When you're ready you send both documents as PDF attachments in an email to claimresponses.cnbc@justice.gov.uk and CC in yourself. The claim number must be in the email subject field and in the body of the email just put: "Please find attached the defence and draft order in the matter of Excel Parking Services Ltd v [your full name] Claim no.: [claim number]."

Quote
IN THE COUNTY COURT
Claim No: [Claim Number]

BETWEEN:

[Claimant]

Claimant

- and -

Excel Parking Services Ltd


Defendant



DEFENCE

1. The Defendant denies the claim in its entirety. The Defendant asserts that there is no liability to the Claimant and that no debt is owed. The claim is without merit and does not adequately disclose any comprehensible cause of action.

2. There is a lack of precise detail in the Particulars of Claim (PoC) in respect of the factual and legal allegations made against the Defendant such that the PoC do not comply with CPR 16.4.

3. The Defendant is unable to plead properly to the PoC because:

(a) The contract referred to is not detailed or attached to the PoC in accordance with CPR PD 16(7.5);

(b) The PoC do not state the exact wording of the clause (or clauses) of the terms and conditions of the contract (or contracts) which is/are relied on;

(c) The PoC do not adequately set out the reason (or reasons) why the claimant asserts the defendant has breached the contract (or contracts)

(d) The PoC do not state with sufficient particularity exactly where the breach occurred, the exact time when the breach occurred and how long it is alleged that the vehicle was parked before the parking charge was allegedly incurred;

(e) The PoC do not state precisely how the sum claimed is calculated, including the basis for any statutory interest, damages, or other charges;

(f) The PoC do not state what proportion of the claim is the parking charge and what proportion is damages;

(g) The PoC do not provide clarity on whether the Defendant is sued as the driver or the keeper of the vehicle, as the claimant cannot plead alternative causes of action without specificity.

4. The Defendant attaches to this defence a copy of a draft order approved by a district judge at another court. The court struck out the claim of its own initiative after determining that the Particulars of Claim failed to comply with CPR 16.4. The judge noted that the claimant had failed to:

(i) Set out the exact wording of the clause (or clauses) of the terms and conditions relied upon;

(ii) Adequately explain the reasons why the defendant was allegedly in breach of contract;

(iii) Provide separate, detailed Particulars of Claim as permitted under CPR PD 7C.5.2(2).

(iv) The court further observed that, given the modest sum claimed, requiring further case management steps would be disproportionate and contrary to the overriding objective. Accordingly, the judge struck out the claim outright rather
than permitting an amendment.

5. The Defendant submits that the same reasoning applies in this case and invites the court to adopt a similar approach by striking out the claim for the Claimant’s failure to comply with CPR 16.4.

Statement of truth

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed:


Date:

Draft Order for the defence
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain


With an issue date of 11th February, you have until 2nd March to submit an Acknowledgement of Service (AoS). By submitting an AoS, you would then have until 4pm on Tuesday 11th March to submit your defence. If you do not submit an AoS, then you have until 4pm on Monday 17th March to submit the defence.
I think your second date is wrong?

My bad... With an issue date of 11th February, you have until 4pm on Monday 3rd March to submit an Acknowledgement of Service (AoS). By submitting an AoS, you would then have until 4pm on Monday 17th March to submit your defence. If you do not submit an AoS, then you have until 4pm on Monday 3rd March to submit the defence.

(I must get myself an easier to read calendar!)
« Last Edit: February 16, 2025, 11:10:17 am by b789 »
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Thank you again for all your help.

Hi Hero Member

Although I emailed the reply you had provided I received back the following:

20250320JudgmentForClaimantExcelParkingRedacted.pdf

I have emailed back CNBC asking why when I emailed them my defence and they emailed back acknowledged receipt of my defence email, I was then sent a Judgment for Claimant ordering I pay £287.28 (debt plus interest).

As CNBC did not email asking for further information I assumed what I sent was appropriate - but at the very least it was recieved which is very different to the Judgment of 'You have not replied to the claim form'

On the MCOL website I also tried to enter an order to have the judgment set aside but until fee of £303 is paid I am unable to submit that the court have acknowledged receipt of email I sent.

Is there anything else I can do?

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On what date did you submit the AoS? On what date did you submit your defence? You say you received an acknowledgment email from the CNBC system. Please confirm.

What exactly does your MCOL history show? Do not try and paraphrase it. Copy and paste it here.

This will not be the first time that the CNBC have screwed this up. When you have answered the questions above I will advise on how to deal with this.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Dear Hero Member

I've attached MCOL screenshot of AofS submitted/received date 17/2/25
I vaguely recall submittint the AofS via the MCOL website (I didn't email it the CNBC)

I didn't see a way to add the defence via MCOL and your instructions to email claimresponses.cnbc@justice.gov.uk sit well with me being able to keep track of what I've sent and recieve replies to. This is what I sent:

'On 17 Feb 2025, at 09:43, 'I' wrote:

Please find attached the defence and draft order in the matter of Excel Parking Services Ltd v xxxx xxxxxxx Claim no.: xxxxxxxx

20250211ExcelParkingPCNClaimDEFENCE.pdf
20250211ExcelParkingPCNDraftOrder(Strikeout).pdf

Reply I received back ...

On 17 Feb 2025, at 09:44, ClaimResponses.CNBC <ClaimResponses.CNBC@justice.gov.uk> wrote:

Thank you for emailing the Claim Responses Team in the Civil National Business Centre. Please expect a response to your enquiry in 10 days
 
 
When sending us documents please ensure you comply with the Practice Direction 5B
 
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part05/pd_part05b
 
Documents not complying will not be accepted, in particular if it is over 10MB or 25 printed pages in size.
 
I had only sent (copied from you) my defence and draft order. Although I had completed the N9B I didn't include this in the attachment at the time and wonder now if this is where I failed to progress the process as I should. That being said the MCOL entry after receipt of AofS states 'A judgment was issued against you on 20/03/2025 at 19:08:12' NOT something along the lines of info received but more info required.

Yesterday morning I waited 48 minutes to speak with CNBC help processor who hung up after less than a minute. I forward my email of 17 Feb 2025 and CNBC acknowledgment.

Yesterday afternoon calling back I waited 1 hour 27minutes to speak with a CNBC help processor who again hung up after a couple or so minutes but did call back to say, 'email in all the information putting in title line mark *Unprocessed*'. I tried to explain I am very anxious the CNBC instructions contradict what you're saying ie only one email will be processed. The operator said I was not listening/confused ... I emailed 'the claim, the AofS, N9B form, Defence and draft order'.

I am concerned none of the emails will be considered in particular the last email as I have sent more than one email.

Asking the CNBC if Judgment for Claimant (in default) means I will next have a bailiff banging on the door was told I need to seek legal advice but there are steps in between now and Bailiff at door. Could you please advise what these are and if you feel I have done the wrong thing sending emails as CNBC instructed me to do.

Thanks again for you assistance.





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So, the defence was not registered but you have proof of having sent it. You now need to send an email to the CNCB with the following:

That CCJ MUST be reversed by the CNBC if the Judgment date is after the date you emailed the defence.

Send a complaint email immediately to the CNBC attaching the proof of emailing the defence and getting the acknowledgment BEFORE judgment was entered.

DO NOT ACCEPT BEING TOLD YOU HAVE TO FILL IN AN APPLICATION/PAY A FEE.

I suggest you send the following immediately:

Quote
Subject: Urgent Complaint – Defence Submitted but Ignored; Irregular Default Judgment Must Be Set Aside Without Delay

To: caseprogression.cnbc@justice.gov.uk
Cc: claimresponses.cnbc@justice.gov.uk

Date: [Insert today’s date]

Dear Sirs,

Re: Formal Complaint Regarding Irregular Default Judgment

Claim Number: [Insert claim number]
Claimant: [Insert claimant's name]
Defendant: [Insert your full name]

I am writing to raise an urgent and formal complaint regarding the failure of the Civil National Business Centre (CNBC) to process a defence that was duly filed within the permitted time, resulting in the unlawful entry of a default County Court Judgment (CCJ) against me on 20th March 2025.

The chronology of relevant events is as follows:

• The claim was issued on 11th February 2025.
• I filed an Acknowledgement of Service via MCOL on 17th February 2025.
• I submitted my fully prepared Defence by email to claimresponses.cnbc@justice.gov.uk at 09:43 on 17th February 2025, well within the deadline.
• I received your automatic acknowledgement response at 09:44 on 17th February 2025, confirming receipt of my submission.
• I received no communication from the court until 25th March 2025, when I was shocked to discover that a default CCJ had been entered on 20th March 2025, supposedly on the basis that no defence had been filed.

This default judgment is irregular and must be set aside immediately. The facts are clear: a defence was submitted in time and acknowledged by your systems, but was not processed through no fault of my own. The consequence of this clerical failure is a highly prejudicial court judgment that now appears on the public register and has already caused me considerable distress.

I refer you to an almost identical case in which His Honour Judge Etherington issued the following Order on 7th March 2025:

“Upon the Defendant having filed a Response but the Court Office not processing it;

Upon the Court entering Judgment on 4th March 2025

IT IS ORDERED:

The Judgment be set aside because the Defendant had filed a Response prior to the Court entering Judgment
...

REASONS:
The Judgment was entered at a time when the Defendant had filed a Response.
The Judgment is therefore irregular and must be set aside”

This precedent should be applied to my case without delay and without the need for an N244 application or the payment of any fee. The fault lies squarely with the CNBC and the irregular judgment must be corrected administratively.

I hereby demand that:

• The irregular default judgment be set aside immediately by administrative order.
• A certificate of cancellation be issued without delay.
• Written confirmation be provided that this matter has been corrected.
• An explanation be provided as to how this failure occurred.
• I am informed of what steps will be taken to prevent this from happening again, as I understand it is not an uncommon occurrence.

Please note that I reserve all rights to claim compensation for the stress and inconvenience this error has caused, and to escalate this matter to the Parliamentary and Health Service Ombudsman via my MP if a satisfactory and swift resolution is not provided.

I expect a substantive response within 5 working days.

Yours faithfully,

[Your full name]
[Your address]
[Your email address]
[Your phone number]
Claim Number: [Insert again for clarity]


Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Dear Hero Member

Thank you again for your reply. I appreciate your understanding of the gravity that a default CCJ has when issued.

Comparatively the CNBC staff were flippant. Sadly the court process being difficult to navigate and staff unhelpful are further additional factors that leads customers to pay PCNs rather than challenge.

Regards

Please let us know the response you get to that letter you have sent to the CNBC and any corrective order issued by a judge.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Hi Hero Member

After several calls and emails to MCOL I visited Wakefield County Court today and was provided with the General form of judgment or order ' It is ordered that the judgment against xxxxxx is hereby set aside'.

I guess the claim is still there but now my defence is on file. I would like to know how I can get the claim out of County Court Money Claims Centre to Wakefield Country Court as they are walking distance I hope it might be easier to communicate in person rather than the combination of email/MCOL/Royal Mail.

Thanks again for your support.

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