Peel Centre Parking Ticket (Threatening court letters) - Is this a valid defence?

[Clalemem]

Hi,

First time poster, but I am having trouble with the private parking company, Excel Parking. I have followed advice from other online forums saying to "ignore the threatening letters" however they have now passed this case onto a legal company called 'BW Legal' - asking for £160, which is ridiculous.

First: Are BW Legal a reputable company that I should take seriously?

Secondly - the defence: When I parked in the Peel Centre car park, I had displayed my Low Emissions parking permit, which allows me to park in any pay and display car parks within Stockport (so I thought). When I had appealed initially, I had sent them a copy of my parking permit and told them I am eligible to park there for free, however they had dismissed my appeal. More threatening letters kept coming, saying they will take me to court.

However, I have recently found images of the Terms and Conditions that are displayed in the car park, andnowhere does it say that Low Emissions permits are not eligible in the car park. It also does not state on the Low Emissions permit Terms and Conditions that you are not allowed to park in private car parks.

Is this a valid defence? If so, what should my next step be?

I appreciate any and all responses.

Thanks.

[R0b]

Re: Peel Centre Parking Ticket (Threatening court letters) - Is this a valid defence?

First: Are BW Legal a reputable company that I should take seriously?

Reputable no, but they are a firm of solicitors so they will probably issue a claim if you don't pay up like many as they will be instructed to do so. Have they issued a Letter Before Action (it would be titled at the top usually)

What exactly does the terms and conditions of the parking permit say in relation to parking in any pay and display car park?

What was the contents of your appeal?

I've tagged [MENTION=5354]mystery1[/MENTION] as he is the one who can assist you and may have further alternative defences but answering the above would be a helpful starting point.

[mystery1]

Re: Peel Centre Parking Ticket (Threatening court letters) - Is this a valid defence?

The scheme sounds like a council scheme so i wouldn't imagine it applies to any private car parks.

The signage at the Peel centre has been an issue. http://parking-prankster.blogspot.co...over-peel.html

http://nebula.wsimg.com/1bb26d17be44...&alloworigin=1 Quite an old case from the same site. Not sure from which era you are talking about and the latest signs aren't great either. The supreme court clarifies that the signs must be large, prominent and legible.

That, however, is both a matter of evidence and judicial opinion.

It's a pity you gave away who was driving, as keeper liability is the best form of defence against Excel.

M1