Ashton Retail Park - Excell Parking

Lamilad

fostany99 wrote: »

Thanks

I will send the SAR and P18 by recorded mail tomorrow morning.

first class post = free proof of posting. Don't waste your hard earned.

fostany99 wrote: »

the SAR information will arrive after the date to submit my defence though

It will but you can mention in your defence that you have sent the SAR for the following reasons - blah blah - and anything relevant will be in you WS and/or adduced into evidence

fostany99 wrote: »

The signs around the carpark state that people parking in the carpark are subject to the terms and conditions and that full terms and condition are displayed on the sign by the pay and display machine - and then at the bottom of the pay and display machine they have stated the parking charge.

There is a small sign to the left hand side of one of the doors on the entrance to the gym (there are two doors) that states you should use the Reg machine - this has been put up by the gym not excel - I can't recall any inside the gym.

excel cannot rely on any signs that the gym has put up. in fact you could argue that if the gym are having to put their own signs up to protect their customer then that shows excel have not displayed enough signs to form a contract. This fails the Beavis test i.e. - para. 108 "[the signs] could not have been briefer, clearer or more prominently proclaimed"

Coupon-mad

Originally Posted by fostany99
The signs around the carpark state that people parking in the carpark are subject to the terms and conditions and that full terms and condition are displayed on the sign by the pay and display machine - and then at the bottom of the pay and display machine they have stated the parking charge.

There is a small sign to the left hand side of one of the doors on the entrance to the gym (there are two doors) that states you should use the Reg machine - this has been put up by the gym not excel - I can't recall any inside the gym.

Get photos inside and outside as your evidence, also the P&D machine area to prove the parking charge is hidden, effectively.

fostany99

Thanks Coupan Mad - Im no longer a member but I'll try and get something inside - They sent me photos of the signage already from a previous request but they do them more justice than in the carpark so I am going to take my own and video as well.

Please see below Part 18 request I put together - I have also sent them an SAR

PART 18 REQUEST FOR FURTHER INFORMATION

To: Excel Parking Services Ltd

Please answer the following questions:

1. Your cause of action: please make this clear. If you claim that the driver entered into a contract, then please send me a complete breakdown of all terms and conditions.

2. What are you claiming for, is it loss and damages, if so please send me a complete breakdown of all costs for each item in the claim. if not then is it tresspass?

3. Please send an unredacted copy of the contract to show standing between Excel Parking Services Ltd and the 'Landowner' at the time of the alleged offence.

4. Please supply full contact details for the above 'Landowner' for the duration of the contract.

5. If the contract has been conveyed by the use of signage on site, please provide copies of the signs on which you rely and confirm these are the signs in situ on the date of the event. Please also provide the date these signs were installed, for example, a works schedule, maintenance record or invoice for the work.

6. Do the signs in question meet the British Parking Association's Code of Practice Appendix B (Entrance signs) or the Independent Parking Committee’s Schedule 1 (Please indicate)

7. Please advise if, at the time of the alleged offence, there were any entrances to the car park that were not covered by Excel cameras, i.e. via local business entrances

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU.
I also require that answers to these questions be verified by a Statement of Truth by an authorised signatory of Excel Parking Services Ltd

Yours Faithfully

Coupon-mad

6. Do the signs in question meet the British Parking Association's Code of Practice Appendix B (Entrance signs) or the Independent Parking Committee’s Schedule 1 (Please indicate)

I would remove this one as it doesn't assist you. Make the request short and not a burden.

fostany99

Hi All

Just an update on this - I had my hearing today and I won and was also awarded loss of earnings

The judge threw out Excels evidence as they had failed to serve the witness statements or amended particulars of claim on me before the hearing

I also challenged their right to address (Not an employee or Solicitor and no attendance form submitted) although the judge allowed this on this occasion as he had the general discretion to do this.

Obviously without being able to submit any evidence and the burden of proof falling with Excel the court found in my favour.

In the judges summing up however he did say that even if the evidence had been submitted he would have still likely have found in my favour as the signage detailing the terms and conditions with inadequate for the gym but clearly stated the use of the Reg machine for another retailer - although Excel did seek to rely on the signage that had been put up by the gym there was no proof in their evidence of when these signs were erected (which may/may not have changed the decision).

Thanks for the support

Redx

glad to see that it all worked out for you in the end

and glad to see that EXCEL failed yet again with the typical GYM sc@m

Coupon-mad

fostany99 wrote: »

Hi All

Just an update on this - I had my hearing today and I won and was also awarded loss of earnings

The judge threw out Excels evidence as they had failed to serve the witness statements or amended particulars of claim on me before the hearing

I also challenged their right to address (Not an employee or Solicitor and no attendance form submitted) although the judge allowed this on this occasion as he had the general discretion to do this.

Obviously without being able to submit any evidence and the burden of proof falling with Excel the court found in my favour.

In the judges summing up however he did say that even if the evidence had been submitted he would have still likely have found in my favour as the signage detailing the terms and conditions with inadequate for the gym but clearly stated the use of the Reg machine for another retailer - although Excel did seek to rely on the signage that had been put up by the gym there was no proof in their evidence of when these signs were erected (which may/may not have changed the decision).

Thanks for the support

Hooray - very happy to hear that! Another win for a poster here - and a loss for BW Legal/Excel!

You disappeared for months, did you get help on pepipoo or just go it alone and we assume you did submit your own WS and evidence in time?

Useful information about the signage not mentioning the Gym, is this in Ashton-under-Lyne, the Pure Gym car park that's been mentioned before?

BTW which court and what was the Judges name, please, always useful to know!

fostany99

Hi

I know I started getting help from BMPA -- I put all my witness statements together and put it through them and yes submitted on time.

Yes this is the Pure Gym and I know there's quite a few people on here who have been caught out --- I emailed the head of customer services to advise them but sadly no response

I think in future they will try and rely on the gym signage

It was at Manchester County Court the Judge was DJ Evans I think

I think the right of audience/address challenge was interesting and on another day would have worked but I had already had all of their evidence struck out -- it was only the judges discretion that kept them in -- I gave the judge a copy of Ellis vs Larson

Thanks for the help again much appreciated

Coupon-mad

I know I started getting help from BMPA -- I put all my witness statements together and put it through them and yes submitted on time.

Great stuff - the BMPA are a very useful free consumer resource.

It was at Manchester County Court the Judge was DJ Evans I think

A good court, people win there all the time - but very well done for your personal victory!