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Excel Parking fines

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Comments

  • Le_Kirk
    Le_Kirk Posts: 24,865 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Change this: -
    10. The signs are misleading and confusing as they bare the same name and address as the adjoining car park, the car parks are not
    to this: -
    10. The signs are misleading and confusing as they [strike]bare[/strike] bear the same name and address as the adjoining car park, the car parks are not
  • 1505grandad
    1505grandad Posts: 3,937 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    An amendment to the Defence by C-M (#48) states:-

    "6. It is denied ..........................
    d. That in addition to the parking charge there was an agreement to pay additional and unspecified additional sums."

    Should the full paras re Abuse of Process also be included?.
  • Good evening all,

    I came home today to their witness statement, someone has put in a lot of effort to challenge every aspect of the defence.

    I will crack on with this and hopefully get something more concrete put together by tomorrow. Thanks to those that have commented on the WS thus far.
  • Umkomaas
    Umkomaas Posts: 43,634 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Excel joined the IPC from the BPA on 01/01/2015.

    VCS joined the IPC from the BPA on 29/09/2014
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Umkomaas wrote: »
    Excel joined the IPC from the BPA on 01/01/2015.

    VCS joined the IPC from the BPA on 29/09/2014

    Thank you for this. Upon looking closer - Their evidence suggests that they were members of the BPA and IPC on 26th April 2016 (there are logos at the end of the exhibit) - can I argue that this nullifies their Leaseholder WS?

    They can not attribute themselves to an AOS that they were not part of and it is not clear under which AOS Excel Parking Services are claiming to be a member of on 26th April 2016 . Therefore the Leaseholder Witness Statement is disputable and the right to authorise any other company (the Claimant) to access the DVLA to obtain vehicle keeper details is nullified.
  • Umkomaas
    Umkomaas Posts: 43,634 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 6 September 2019 at 11:22AM
    Thank you for this. Upon looking closer - Their evidence suggests that they were members of the BPA and IPC on 26th April 2016 (there are logos at the end of the exhibit) - can I argue that this nullifies their Leaseholder WS?
    That sounds a desperate clutch at a floating straw. Nothing is that easy!

    They can be members of both organisations at the same time on a corporate membership basis, but only members of one 'Approved/Accredited Operator Scheme' (AOS). The shape of the logo confirms which one:

    Rectangular shape - corporate membership

    Roundel (circle) AOS membership - the critical one.

    I thought this is explained in the NEWBIES FAQ sticky?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Umkomaas wrote: »
    That sounds a desperate clutch at a floating straw. Nothing is that easy!

    They can be members of both organisations at the same time on a corporate membership basis, but only members of once 'Approved/Accredited Operator Scheme' (AOS). The shape of the logo confirms which one:

    Rectangular shape - corporate membership

    Roundel (circle) AOS membership - the critical one.

    I thought this is explained in the NEWBIES FAQ sticky?

    Thanks for clarifying this for me Umkomaas, I have not checked that part of the NEWBIES FAQ for a long time, I began positing in 2017 - it's been a long time coming!

    I think I'll just remove the whole part about Excel's membership.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Bear in mind that they are both still corporate members afaik

    Many of the IPC AOS members are corporate members of the BPA

    Concentrate on winning points , not flawed arguments that weren't researched properly

    This argument is a loser from the start
  • Redx wrote: »
    Bear in mind that they are both still corporate members afaik

    Many of the IPC AOS members are corporate members of the BPA

    Concentrate on winning points , not flawed arguments that weren't researched properly

    This argument is a loser from the start
    Thank you, I'm really struggling with this part I have no idea whether i'm on the right track with most of my points :(.

    Additionally they have included the fact that I had paid for 2 parking charges previously and as a permit holder should have been familiar with the sites which is simply not true we were new to the area, would putting the facts around the two charges be useful or should I address this in court if required to? as they assume that I drove and parked the car on every occasion which is also not true.
  • Good morning all,

    I would really appreciate some feedback on the WS I posted yesterday as I have to send everything off by tomorrow. If it’s too long, has irrelevant points, total trash or requires further clarification; I would like to make any amendments today.

    Thanks to anyone able to assist.
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