EXCEL claim, Admiral staff car park in Swansea

Loadsofchildren123

Obviously I am put off joining Admiral as it will cost £255 court issue fee. There really should be a different fee charged in small claims for interim applications. It is grossly unfair that it costs the PPC £25 to issue the claim but costs a Defendant £255 to make a necessary application.


Financially, I'm much better off letting the proceedings run their course then issuing a separate claim v Admiral. But I'd prefer to deal with it all up front and together.

Lamilad

It's a hell of a letter, it should certainly get their attention.... A couple of things - Will you be sending this as a "Letter of Claim"?

And in my humble opinion I would not include the parenthetical text below:
"I do not know why Excel is identified on the back of the windscreen pocket when the signs clearly state that VCS manages the car park [strike](although I understand that VCS and Excel are under common ownership)[/strike];"

Simply because I would want to make them explain how and why these two separate companies somehow became incestuously involved in the same 'supposed' contractual arrangement; then if they came back with "oh, it's ok it's the same company" I would retort with 'Er, No! They're not! - two separate legal entities with two separate company numbers'

Makes the whole arrangement look even more ridiculous in court.

System

That car park is St Thomas Car Park Langdon Rd, Swansea SA1 8AG. It's an Excel car park not VCS.

A quick check to Swansea CC to ask who paid the Non-Domestic Rates during the period will confirm.

As Loads will know, cases turn on facts which are backed by evidence. Don't want to go setting OP's in different directions without checking the basics. [I know as I make the same mistakes:embarasse]

Try GSV and the date function.

https://www.google.co.uk/maps/@51.6205411,-3.9294813,3a,75y,206.96h,95.38t/data=!3m7!1e1!3m5!1sOkO5_VJXMdsxPzOuYhA_6g!2e0!5s20120501T000000!7i13312!8i6656

Loadsofchildren123

Letter to Admiral is headed Letter Before Claim, yes.


Iam, I'm not sure if it is this carpark. There used to be 2, but the 2nd is now being built on so isn't a carpark now, and that's the one where she was parked. The sign I've been given definitely says VCS on it and she thinks this was the same as the sign that was displayed back in 2013 when she had her tickets. The Excel signs are yellow and blue, the VCS ones are red. But I'll have a good search on google (thanks for the link) and see if I can get any more sense out of her!

All the marina/SA1 carparks are either VCS or Excel. As with all these things, I'll probably have to go down myself and have a look rather than relying on the driver!!!!!

Even if I don't have the Excel/VCS point, I can't see how they can interfere with her contract with Admiral, and the other defences I've outlined.




Lamilad, I will make that amendment, you are right, let them try and explain it.

Loadsofchildren123

I've just looked properly at that link, Iam. That carpark is a public carpark (funnily enough I used it on Friday, it's blooming expensive for Swansea, at £2.40 for an hour....) and it is definitely run by Excel (but very bad signage, just one at the entrance and no others - I read a thread about it just this weekend, but I think it may have been on Pepipoo). If you swing round on that street view, the Admiral car park is on the other side of the road, directly opposite. You can't see the signs, but the signs there now are definitely VCS not Excel - the photo I posted the link to in my second post was taken yesterday. If you look to the right of that Admiral carpark, you see red hoarding - this must be where the previous (second) Admiral car park was that is now being built on (where the driver was parked).

Unfortunately this doesn't help me with establishing the signage and I cannot say for certain that the signage in place in 2013 was definitely VCS signage (although the driver thinks it was). Like I said, all the carparks in SA1 are either VCS or Excel.

Good idea about checking who paid the rates, but will the council give out that information? And it may well be, given the extent to which the two companies have mixed identities, that one pays even though the contract is with the other.

I'm going to check for planning applications but I think that will be hard as the whole area has been, and continues to be, heavily developed.

Loadsofchildren123

I am not gemmed up on the Data Protection aspect of things - is what I have said in my draft letter to BW correct and are there any precedents anywhere of a DPA counterclaim (apologies for being lazy)?

Also, what was it that happened when Excel was suspended from accessing keeper data by the DVLA in 2012? Can I use this to the driver's benefit?

System

Good idea about checking who paid the rates, but will the council give out that information?

Yes unless it is paid by an individual e.g Walter Wilkins (Premier Parking Logistics) has some sites which he rents and pays rates.

Best to get the OP to look at a Google Maps overview and point it out before asking

Lamilad

Also, what was it that happened when Excel was suspended from accessing keeper data by the DVLA in 2012? Can I use this to the driver's benefit?

That was about excel stating or implying on their signage that the owner/keeper was liable for parking contraventions and that they had a legal obligation to name the driver.

https://www.whatdotheyknow.com/request/excel_parking_ban_suspended#incoming-342099

In terms of content, not much use to you in this case but it does attack their credibility and when mentioned together with the Cutts case it shows just how bad their signage is interms of prominance and wording

Coupon-mad

Possibly the employee could suggest negligence towards employees and/or derogation from grant, here. If Admiral took no reasonable steps to protect the interests of the employees who were paying £50 pcm for the privilege, seems negligent to me:

I simply cannot believe that there is no process by which Admiral can instruct Excel/VCS to cancel a PCN issued to a genuine permit holder.

Loadsofchildren123

C-M any advice on a DPA counterclaim?