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Received County Court Claim: Excel Parking Services

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  • Received County Court Claim: Excel Parking Services

    I've just received a County Court Claim form for a parking incident that took place around a year ago and looking for some help.

    I parked at a Park and Ride that you can park overnight on Fridays and Saturdays but not Sundays, which I didn't realise. Left my car overnight on a Sunday and received a £160 parking charge notice, or £80 pay it now.

    Received multiple letters from excel parking to which I responded once via letter and stated that I needed proof that I personally had entered into a contract with them. I assume they got the information from the licence plate supplied by the DVLA. I have claimed no responsibility and they didn't respond to my letter, I have a postage receipt of a letter but unfortunately not a copy of it.

    I've received a claim form for £235 that states:

    The claim is for a breach of contract breaching the terms and conditions set on private land. The defendant's vehicle X was indentified in the X on DATE in breach of the advertised terms and conditions. namely parked without displaying a valid ticket/permit. At all times the defendant was the registered keeper and/or driver. The terms and conditions upon entering private land were clearly displayed at the entrance and in prominent locations. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. The signs specifically detail the terms and conditions and the failure to comply, namely a parking charge notice will be issued and the defendant has failed to settle the outstanding liability. The claimant seeks the recovery of the parking charge notice, contractual costs and interest.

    What are my options here? The fine is quite substantial and would be a solid chunk out of my meagre savings equally I don't want a CCJ on my record as I'd like to try and buy a property within the next 5 years or so.

    Thank you all for your help
    Tags: None

  • #2
    ostell

    Comment


    • #3
      So copies of the signs and copy of the PCN received

      As it's a Park & Ride would this be provided by a council and it us council land?

      Edit so that the identity of the driver cannot be inferred

      Comment


      • #4
        Entrance sign is the private land sign, the others white and purple signs there are multiple across the car park, so no argument for lack of visibility.

        The original PCN unfortunately has gone missing in house renovations

        Images:
        https://ibb.co/2st7KX5
        https://ibb.co/9ZxDz7L

        Comment


        • #5
          Please edit so that the identity of the xriver cannot be 8nferred. Use "the driver...." etc. The driver parked, the keeper received the letter and is handling

          So this is railway land, probably subject to byelaws. Can you determine if there are any byelaw signs around?

          Is that the version of the sign at the time or was it sent with the PCN?

          I can see a problem here. The signs you posted mentioned Anchor Security Services or Care Parking and not Excel.

          So your defence is going to be that you did not have a contract with Excel so there can be no breach of contract and Excel are the incorrect claimant. This has happened before with Excel

          I hope you haven't identified the driver in all your communications.

          Even if they have a valid claim then as the land is subject to railway byelaws then liability cannot be transferred from the driver to the keeper under Schedule 4 of the Protection of Freedoms Act 2012.

          CPR 31.14 request to the solicitors requesting the PCN, and images of the signs creating the contract. As the claimant does not own the land then a copy of the contract that gives them the right to operate, charge and take legal action. Templates in the shortcuts panel on this page.

          The extra charges are an attempt to increase their income and abuse of process. Have a look here and use it in your defence. https://www.dropbox.com/s/16qovzulab...inson.pdf?dl=0

          By the way it's not a fine it's a charge agreed for breach of contract

          Hope that's enough for you to start you defence.

          On day 5 or shortly after acknowledge the claim using the details and password on the form, nothing in the defence. This gives you 33 days to get your defence to the court

          Comment


          • #6
            This is absolutely excellent advice thank you so much.

            Just two things:

            1 - do I have to wait 5 days? I'd like to start now
            2 - Sorry but I can't see anywhere the button to edit the earlier post, it was definitely there earlier, in the blue bar

            Comment


            • #7
              If you ack earlier you have 28 days from the ack

              there should still be the blue button. Try log out and log in again

              That case I suggested was also Excel and they were slapped down for a use of process, Yes mention that in the defence. Why are Excel trying it again
              Last edited by ostell; 11th March 2021, 20:14:PM.

              Comment


              • #8
                Things have taken a strange turn in this case, the solicitors have provided evidence for a different nearby car park (matching the address on the court claim) rather than the one keeper was expecting, a mistake on the keeper's part rather than the park and ride.

                This is run by excel parking and evidence has been provided of the following:

                Postals PCNS
                Leaseholder witness statement
                Overhead image of the car park
                Letter before claim
                Final demand
                Imagery of vehicle in car park
                Imagery of signs on private land parking site

                Any suggestions on how the keeper should proceed? Ack was done on 12/03

                Thanks,

                Dan

                Comment


                • #9
                  So post up a redacted copy of the PCN but leave dates, also the signs.

                  Comment


                  • #10
                    Thank you, uploaded all below, let me know if anything else is needed

                    https://ibb.co/NLYn56z
                    https://ibb.co/fpz9zSt
                    https://ibb.co/7JQmxbn
                    https://ibb.co/mv1CKZJ
                    https://ibb.co/Ryrvb9v

                    Comment


                    • #11
                      What are the dates on the PCN?

                      They have failed to give the period of parking. A single time is insufficient.

                      They have failed to give the warning of keeper liability in the format mandated by POFA 9 (2) (f)

                      Was the driver ever n that car park at any time?

                      Comment


                      • #12
                        Thank you for the swift response! PCN states:

                        Issue date: 06/03/20
                        Contravention date: 03/03/20

                        Comment


                        • #13
                          Just to confirm so I understand, the keeper's response would be something along the lines of:

                          -Stating a single time on the PCN is insufficient

                          -They have failed to state keeper liability on the signs?

                          -The extra charges are an attempt to increase their income and abuse of process.

                          Many thanks

                          Comment


                          • #14
                            To transfer liability from the driver to the keeper they have to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012.

                            They have failed go give the warning of keeper liability required by 9 (2) (f)

                            The have failed to give period of parking required by 9 (2) (a)

                            Use the details from the case in post #5 that the extra charges are an abuse of process and the case is persuasive


                            Comment


                            • #15
                              Thank you for the recommendations, the keeper has now received the notice of proposed allocation to the small claims track, including offer of a telephone mediation service.

                              Based on the evidence supplied would it be recommended for the keeper to take on mediation? It seems there is a strong case to avoid mediation and go to court based on excel vs wilkinson outcome.

                              Comment

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