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CCJ Excel Parking - Consent to set aside

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  • CCJ Excel Parking - Consent to set aside

    Hi all,

    Sorry for the lengthy post in advice. A bit of a back story to start.

    Last week (18/03/2020) I was working on the hospital wards and the owner of the corner shop near to where I used to live approached me. He mentioned that there was a letter in the corner shop for me which had my name on, but his address. He did not have my up to date contact details so had kept hold of it. I picked up the letter yesterday (23/03/2020). It was from 'ELMS legal' requesting recovery of 245 pounds. There was no mention of who their client was.

    This morning I rang up ELMS legal and I was told that their client was Excel Parking. I mentioned on the letter that I was now in receipt of, that it had both my old house number and the corner shop number on. I also mentioned that they had been delivered to the corner shop. ELMS said that this was the address they had been given by excel parking.*

    I then rang up Northampton Court Business Centre and found that a judgement was entered by default on the 13/02/2020. I now have the court reference number.

    This morning, I rang up Excel to find out where and why this PCN was put against me. It was from the 09/09/2016. The lady on the phone said that I had sent an email to them (Excel) on the 6th October 2016, explaining that the pay and display machine was broken in the carpark and that the operator had given me a fault code '30410' and that I was instructed to place this on my windscreen (which I now remember I did). However I was still given a ticket by the carpark attendant. I did not hear anything from excel since I was sent the initial email. Since then I have moved house, updated the electoral roll, utility bills etc.

    I'm preparing to file a N244 form however I'm wondering whether to push for a consent to set aside.

    I'd be very grateful if anyone could help or offer some advice.

    Thanks in advance!

    *Update* - I have now found the original email I had sent to them (09/09/2016, the same day as the PCN) and the automated response back. I've copied and pasted it below
    Dear whom it may concern,

    On the 09/09/16 at roughly 1.55 pm I attempted to pay to park at the Swansea SA1 waterfront car park, site number 200. My car is a white fiat 500, with the registration number ******

    Upon inserting my change into the machine the machine elicited no response and would not return my money.

    I rang the number provided immediately and the operator provided me with a 'faulty machine number' which was 30410. I was told to write the number on a piece of paper and place it in my windscreen.*

    Upon arriving back to the car at roughly 3.05 pm I was surprised to see I had received a parking ticket. I approached the parking patrol officer (number 1665) who quickly dismissed my problem, showing no empathy or understanding and offered no solution to the problem.

    I rang the phone number once more at 3.15 pm and spoke to Sandra in the operations department who instructed me to write this email.

    I trust you can listen to all phone conversations made from my mobile number ***** and hear that I followed all instructions and can appreciate my appeal and cancel the parking charge.

    Yours sincerely,
    *
    Last edited by wildsurf2010; 24th March 2020, 10:25:AM.
    Tags: None

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