Hello and Help! Advice needed on defence for Parking Charge Notice

[EllieT]

I am in court and didn’t receive notice of the hearing. The whole process is baffling and the Claimants evidence is incorrect. This was for a contravene code 94 back in 2015 I purchased a ticket and it fell onto dashboard in hot conditions.

[ostell]

So perhaps the full story would help

[EllieT]

Hi and thank you for your reply....I parked in a “private” car park on 31/07/15 purchased a pay and display ticket with adding my reg number in the machine, fixed it visibly on my window screen as stated by excel parking services ltd. when I returned I had a “PCN” on my window screen... it was a very hot day and my ticket had curled up and fell off on to the dashboard and the sticky part was still attached to my screen. It was a parking notice for not displaying a valid ticket. Excel has sent a defence bundle to court and myself 2 weeks ago after obviously being notified by the courts of a hearing on 07/02/2020 and I didn’t receive a hearing notice at all. I call the courts who told me it was sent 07/11/19 and the deadline for a defence bundle was 10/01/2020. I am preparing a defence even though it’s late and am going to put in a covering letter asking for a statutory declaration of not receiving a hearing letter. In the mean time I don’t quite know any legal basis and they have quoted all different previous cases and I have none. I have evidence from a ticket supplier (only 1 in this country for the particular machine that manufactures the tickets but didn’t sell between 2014-2017 to excel) that cheaper paper that’s used to make these tickets would curl up in hot weather temperatures and that they also have a shelf life of 2years!!! They also say in their defence bundle how to put the sticker on with reasonable firmness but this doesn’t state on their terms and conditions. Please help and also any similar cases of unfair terms that have won on appeal? Or any cases won that I may quote

[EllieT]

I just wanted to update my post regarding my recent court hearing....My case was dismissed and actually won. I was also awarded my expenses. Excel Parking Services sent a legal firm and although it was rather intimidating, I did my homework on this firm.....No contract was breached as I did all that was expected and could not have foreseen how the stickiness of the ticket would perform in certain temperatures and sunshine on that particular day. I would also like to point out that the ticket machines they use are suppose to have a particular specification ticket which were only supposed to be purchased from one manufacturer in the UK. The other is overseas. Excel didn’t purchase any between 2014-2017 from the Uk Company. so they either used a cheaper substandard type which hasn’t got the same Spec or they exceeded the shelf life of 2 years. Disgraceful that they pursued me for 5 years... I had my day in court and I was not going to roll over without any stone unturned....I went to great lengths to investigate and obtain all the information needed as Excel refused to supply any of it. They are rude and think they are above the Law and even refused to give me their complaints procedures. I am now going to write to my local council as they allow them to operate in my area and will also start a complaint to their Director.*

[EllieT]

#ParkingChargeNotice #BreachOfContract #CaseDismissed #PCN