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Private Parking Company (Excel) chicken out of court case
bargepole
Posts: 3,238 Forumite
A defendant won a case today at Wrexham County Court, against Excel Parking Services, who sent him a letter demanding £100 for allegedly incorrect parking in one of their car parks, even though he never had a ticket put on his car.
The full details are on another (unmentionable) forum, but essentially, he never admitted to being the driver, or to entering into any contract. After numerous threatening letters, Excel issued a Court Claim, and the defendant got it transferred to his local Court.
When the defendant's response was sent in, Excel offered to settle out of court for £40, the defendant declined, and turned up for the hearing today - but Excel failed to show.
After strongly criticising Excel and their tactics, the Judge dismissed the claim, and awarded £150 costs to the defendant against Excel.
So the message to anyone thinking of paying one of these Keystone Cops private "tickets" is - DON'T!!!!
The full details are on another (unmentionable) forum, but essentially, he never admitted to being the driver, or to entering into any contract. After numerous threatening letters, Excel issued a Court Claim, and the defendant got it transferred to his local Court.
When the defendant's response was sent in, Excel offered to settle out of court for £40, the defendant declined, and turned up for the hearing today - but Excel failed to show.
After strongly criticising Excel and their tactics, the Judge dismissed the claim, and awarded £150 costs to the defendant against Excel.
So the message to anyone thinking of paying one of these Keystone Cops private "tickets" is - DON'T!!!!
I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
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Comments
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A further update on this case: apparently Excel managed to convince the court that they got the time wrong for the original hearing, so the case was rescheduled for a full hearing today.
The Judge ruled that Excel could only pursue the alleged debt under the law of trespass, and since they didn't own the land that the vehicle was parked on, they didn't have any basis for a claim.
The defendant, a Mr Alan Matthews, was awarded additional costs of £170, while Excel Parking Services were left licking their wounds after two pointless trips from Sheffield to Wrexham.
I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.0 -
This is very interesting :-
The Judge ruled that Excel could only pursue the alleged debt under the law of trespass, and since they didn't own the land that the vehicle was parked on, they didn't have any basis for a claim.
Hopefully that telling phrase will be another nail in the coffin of these private parking companies.What part of "A whop bop-a-lu a whop bam boo" don't you understand?0 -
it is shocking that these companies get away with charging money to people under the guise of a fine when they can not legally fine anyone.
Their only claim is that you entered into a contract with them when you drove onto the car park.
Tell them you were not driving and they have no claim, unlike speeding tickets and council parking tickets you are under no legal obligation to admit to driving the vehicle or tell them who was. Nor can the claim be made against the registered keeper regardless of who was driving.
It's just nice to see this confirmed in court, hopefully word will spread and they will stop making millions from those who don't know the law, it's a shocking abuse the average person, who has no knowledge, (and no reason to want to study) parking legislation.
To the judge....:T :beer:0 -
Hi All
I'm the person that Excel failed to beat in court the other month. Their case was a joke, with their 'so-called' legal team resorting to lies (didn't you Mr Attwood) when in the dock.
I was less than impressed with the judge (even though I won) and have written to him expressing my concerns.
From the onset of the hearing it was clear that Excel didn't have a case. They even produced a copy of their agreement with the land mangement company that stated Excel would issue a 'penal' charge (penalty) to any persons transgressing parking conditions. Dear me aren't they aware of the precedent set in the Dunlop case????
What disturbed me most is that county courts entertain these bully boys by letting them bring claims to a hearing when the same judges know that company's like Excel don't have a legal leg to stand on.
None the less, I'm now purchasing the judgement transcript which may be a useful tool for others wishing to stand up to these cretins.
Cheers
Alan Matthews0 -
Well done Alan !
I wager you enjoyed yourself to boot.0 -
a victory for the man in the street. well done alan !0
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