Excel Parking - Court Hearing

sdbaz

Hi please help.

I received a parking ticket at the Peel Centre in Stockport back in June. I bought a ticket but I put the wrong car reg in (I put the opposite car reg to what we were in) and I still have the ticket. With advice from friends I ignored all post from them, until I received a court notice for Northampton Court. This was real! I had mediation recently to try and resolve which didn't work as the lowest they offered was £80.

So I have a court hearing for Jan at Stockport, will I win? If so shall I do a counter claim for my wasted income etc? In my defence I paid for 1 space and used 1 space. They are saying, they had to send an initial letter due to my mistake, however I did appeal to them initially and they said no.

Appreciate any advice - apologies for adding onto other peoples threads, I didn't read the rules and appreciate the 2 comments off members trying to help already.

Kite2010

Excel are doing court again?

Make sure you accept the claim and say you are going to submit a defence to give you more time to enter a defence. A strong worded defence would probably kill it dead (afterall there is no loss to the landowner as you paid for the ticket)

kirkbyinfurnesslad_2

Will you win?
Do we have a crystal ball?
What did you put in your defence?

Kite a defence has been done as they are at mediation stage. The fact they have a paid ticket is a big help.

What is excels case?

sdbaz

My defence stated that the company have come to no financial loss as I paid for 1 space for 1 car. I have not heard of anyone else going to court, not sure if there was a standard to who wins in general?

kirkbyinfurnesslad_2

sdbaz wrote: »

My defence stated that the company have come to no financial loss as I paid for 1 space for 1 car. I have not heard of anyone else going to court, not sure if there was a standard to who wins in general?

Is that it????
You obviously haven't been reading these forums
And no you can't counter claim only , only claim for lost income, other minor expenses If you win and it's very limited.

You may win you may loose, but with such a dreadful defence I wouldnt hold my breath(blunt but sorry have to be honest, if that is it).

The judge may however simply side with and you win, but it can be a lottery

sdbaz

Yes I only looked on here for the first time last night - looks like I have to do some research - thanks

Coupon-mad

You have posted on pepipoo though I think, and got advice there now? You really need to read other court claim cases on here and on pepipoo so you can see what people put in a defence to win. You must defend robustly and rebut the points they made.

What a silly waste of your time (and potentially your money) when you could have won this easily at POPLA appeal if you'd only read current 2013 forum advice at the time.

sdbaz

Thanks coupon mad, I don't think I have posted elsewhere unless it was in a panic to find information, if so I haven't seen the advice. I can't see any other court cases on here only the one from Watchdog. If anyone has any ideas of what I may use in defence it would be much appreciated?

Guys_Dad

You can use most of the points in POPLA appeals and there are a few good ones on this page. Try here https://forums.moneysavingexpert.com/discussion/4816165 for a start.

Then search this forum for "Jenkins". The Judge threw out a case which Bargepole was advising a MSN member. You can make reference to that case in your submission or in court as another judge granted the motorist victory based on Jenkins' judgement.

Umkomaas

Guys_Dad wrote: »

You can use most of the points in POPLA appeals and there are a few good ones on this page. Try here https://forums.moneysavingexpert.com/discussion/4816165 for a start.

Then search this forum for "Jenkins". The Judge threw out a case which Bargepole was advising a MSN member. You can make reference to that case in your submission or in court as another judge granted the motorist victory based on Jenkins' judgement.

Here you go OP - this is the Bargepole thread (above).

https://forums.moneysavingexpert.com/discussion/4820510

sdbaz

Great many thanks I will have a look through, I was thinking of throwing the towel in but I think I will fight on now.