Excel parking charge notice

Djones2410

Thanks for the quick response. It was filed on the 20/06/2018 and i have just completed the AOS following instructions in the NEWBIE thread.

Now the difficult part, writing a defence. Having little to no experience dealing with this type of thing before I'm getting more and more worried each day. I have read through previous threads and the newbie one and i'm lost as to where i begin and how to effectively write a defence.

I mean, what can i do if the ticket machine does not accept my new pound coins and rejects any of my coinage at all. It's simply ridiculous.

I feel as if im in way over my head at this point but am reluctant to give in to them.

Coupon-mad

Search the forum for keywords, I'd look for:

Excel defence BW Legal

or

Excel defence Simon Renshaw Smith

or

defence machine coins

or

defence Jolley v Carmel frustration of contract

Redx

read the recent 2018 win against EXCEL by n4im on page 1 and adapt their defence to suit (as a newbie to this you are in the same position they were in when they started)

also read both pages so you can see how it progressed and why

the NEWBIES FAQ sticky thread post #2 also has examples of defences, so nobody is expecting you to write your own from scratch

we expect you to read maybe a dozen defences over the last 12 to 18 months and adapt yours from them , after using the drop down search box and suitable keywords

then you post it on here, waith for critique, and hone it accordingly

Snakes_Belly

DJones.

I am fighting a similar situation to yourself but not quite so far down the line. I sent off my rebuttal to the LBC two weeks ago.

Excel will say that 1) you could have telephoned them.
2) you could have used RingGo
3) you should have moved your car.

This is what they said to me and where they will come from. I did not have a phone and did not even know what RingGo was. Apparently you have to set up an account and then access the application. It takes quite a while. Not much use in a station car park. I think that anyone would have gone over the grace period trying to set up an account to pay.

The frustration of contract case that is relevant is Link Parking v Mr N. This is where the machine was not working and Link Parking claimed that he should have moved the car. Judge said contract was frustrated as he was unable to make payment.

There is also the case Camden Council v Prendi (I think that this was a POPLA decision). Mr Prendi could not pay in a meter as meter was broken. Decision was that he should not have to tramp the streets to look for a working meter which may have had a different tariff and different terms and conditions. (Useful if they say that you should have found another meter or car park).

Bear in mind also that Excel may not have the authority from the landowner to sue you. Their agents (debt collectors) also lack professionalism as defined in the Code of Conduct.


I don't know what their signs were like in the car park that you used but in my case there was an enormous amount of information some in very small print. Also check to see if RingGo is mentioned on the sign because on the sign in my situation it actually was not mentioned even though they had turned my appeal down on the basis that there were other methods of payment (RingGo) and I should have moved my car.

The man that owns Excel Parking has slagged off a number of judges after decisions had gone against Excel.

Snakes_Belly

Link Parking v Mr N


https://parking-prankster.blogspot.com/2016/10/link-parking-youve-been-gladstoned.html

This is the same principle as the machine not accepting your money. You would be unable to fulfil the consideration element of the contract.

Snakes_Belly

Case Reference: 2100346960
Appellant: Mr Antonio Prendi
Authority: Camden
VRM: GK06ZGT
PCN: CU25516184
Contravention Date: 19 Apr 2010
Contravention Time: 13:45
Contravention Location: Adelaide Road
Penalty Amount: £80.00
Contravention: At a meter, p & d, voucher bay without paying
Decision Date: 30 Sep 2010
Adjudicator: Henry Michael Greenslade
Appeal Decision: Allowed
Direction: cancel the Penalty Charge Notice and the Notice to Owner.
Reasons:
A contravention occurs if a vehicle is parked in an on-street pay and display bay during controlled hours, without clearly displaying a valid pay and display voucher.

There is no dispute that Mr Prendi's vehicle was at this location in Linden Gardens or that the Penalty Charge Notice was issued to it, as shown in the photographs/digital images produced by the Enforcement Authority.

Mr Prendi says that he went to the pay and display machine but it was not working out of order and so he went to look for another machine but there was no other one near. Mr Prendi adds that the next one is over a mile away.

Mr Prendi says that he left a note to this effect in the vehicle. The civil enforcement officer has not recorded details of any note but the images appear to confirm one may have been there.

The Enforcement Authority do not appear to dispute that the pay and display was not working and have produced no maintenance records in this regard. The Enforcement Authority do refer to the signage on the machine, advising the motorist that if 'not working use another machine'.

Whether there is another machine within a reasonable distance will depend on the circumstances and each case will turn on its own facts. However, the Enforcement Authority cannot expect motorists to tramp the streets of their borough trying to find a machine in working order. Going too far away from the parking place may indeed involving entering a different parking zone where, restrictions and charges could differ.

Considering carefully all the evidence before me, I cannot find as a fact that, on this particular occasion, a contravention did occur.

Accordingly, this appeal must be allowed.


This case may be useful.

Snakes_Belly

It's possible that the machine was not accepting your new pound coins because it was full. They don't seem to empty the machines. You should check to see if other people have had problems. I found a number of complaints on Trip advisor about the car park where I got my ticket. It adds weight to your case if other people have had issues.

Djones2410

Hi all, I've read through some threads and I've put together a short defence based on bits and pieces found in others and tried to tailor it to my reasons. It's not the best by far but it's a start i guess. Any pointers will happily be accepted. Thanks again.



IN THE COUNTY COURT BUSINESS CENTRE CLAIM No. xxxxx

Excel Parking Services Ltd (CLAIMANT)

-and-

xxxxx (DEFENDANT)

___________________________________________________________________________

DEFENCE
___________________________________________________________________________
I am xxxxx, Defendant in this matter and I assert that the Claimant has no cause for action for the following reasons:

It is admitted that the Defendant was the authorised registered keeper of the vehicle in question at the time of the alleged incident.

It is denied that:
A contract was formed
That there were Terms and Conditions prominently displayed around the site.
That in addition to the parking charge there was an agreement to pay additional and unspecified additional sums.
The claimant company fully complied with their obligations within the International Parking Community Code of Practice of which they were member at the time.

It is further denied that the Defendant is liable for the purported debt.
On the material dates, the Defendant made all reasonable efforts to pay for a ticket using new pound coins which became legal tender as of 28-March-2017, however due to a failure of the machine outside of the defendants control, it did not take payment. The failure of the ticket machine was not made clear to the defendant.

The alleged contract was frustrated by the unexpected and uncommunicated failure of the Claimant's ticket machine to accept legal tender, and it is trite law that no party can be held liable for breach to another under such circumstances of frustration of contract.

In light of the foregoing, it is submitted that the Claimant has no cause of action, and has no evidence that the Defendant entered into any contractual terms, whether expressly, by conduct, or at all.

I believe that the facts contained in this Defence are true.

Signature
Date

Djones2410

I'm back again after a short holiday,

I was forced to send the above defence to the court as i only had a few days left before i was heading out of the country for a week. Since getting home i've received a Directions Questionnaire that i've filled out but not sent yet opting in to the mediation but i could always print another or do one online if needed.

Any advice as to go for the mediation or not? Is it simply a waste of time or is something likely to come from it?

I have until the 30th to return the form.

Many thanks as always.

Redx

all covered in the NEWBIES FAQ STICKY THREAD, post #2 , check the BARGEPOLE link that you should have read ages ago , especially as he posted that post some 2 years or more ago (almost)