Excel, the machine didn't work, final opportunity before CCJ

PeterFahita

Good afternoon all
Thank you for taking the time to read through my situation, any advice will most certainly be headed.
At the tail end of October I received a PCN for not paying for parking. The driver returned to the keepers car to find a belligerent attendant with no interest in the fact the machine was and still wan't operational during the course of the stay. The driver took a video demonstrating this fact.



The keeper attempted to appeal but they would not let me submit my defence due to file format issue. The keeper decided since the case was shaky at best just to ignore and not admit anything.

I have now received a letter threatening to commence county court proceedings, what should I do? I am a university student and £130 is rather unachivable to pay, it's a big blow since i was happy to pay the £2.40 for my hour and 20 minute stay.

The jist is will excel actually commence with proceedings, should I buckle at this point?

Thanks
Pete

wangbadan

Hi Pete. What do you mean by "they would not let me submit my defence" ?
What happened at this stage?

Fruitcake

Who is the letter from? £130 sounds like a powerless debt collector's letter.
Whatever it is, it's not the last chance before a CCJ. You cant just be given one. A lot of things have to happen before you can get one. What do you think the CC in CCJ stands for?

If the scammers don't already know the identity of the driver, then edit your post to remove any information about who did what.

Only ever refer to The Driver and The Keeper, who are two different people.

Redx

sounds like you have a letter before claim, so it may need to be rebutted, if it has the 30 days notice and the financial forms to fill in

I suspect you tried to appeal (not submit a defence) , and failed

if you have an LBC (an LoC) , then its either pay or fight and defend yourself in court

your financial circumstances are irrelevant, a CCJ can still be awarded against you in court , even if you cannot pay

PeterFahita

Fruitcake
The letter appears to be from Excel Parking although it is not readily apparent, I have used a pseudonym here as I'd seen the advice regarding statements in a public forum.
I am aware no proceedings towards county court at this stage, would it be better to wait for a motion to be filled and then pay up?

PeterFahita

Hi Wangbadan

I started the appeals process but before submission I halted, since my evidence was a recording I believe the file format was incompatible with the form as I could not submit it.

Fruitcake

Nobody here will suggest you should pay, but only you can decide if you want to fight this. You will get all the help the regulars can give you, and this forum has an excellent win rate.

Post 2 of the NEWBIES has a step by step guide to court from LBC to the court appearance itself.

Use of a pseudonym is not the issue. You have revealed the driver's identity. Parking scammers read these fora and have been known to use information from here at appeal stage and in court.

You really, REALLY need to edit your post as advised. The scammers can really, REALLY work out who the keeper is from your posts, and then use the comments about who was driving to prove to a judge that the driver was the keeper.
Valuable defence point thrown out the window as a result.

PeterFahita

Thank you for clarifying, I now understand my mistake.

Fruitcake

I suggest you send a bog standard appeal to the scammers using the blue template from post 1 of the NEWBIES, sent from The Keeper.

Add to it that you know from The Driver that that the P & D machines were out of order, and this was recorded on video complete with the relevant metadata. (Time and date of recording. Possibly even location depending on the recording device), and reported to one of their operatives as well at the time of the alleged incident.
I don't suppose you recorded the scammer's weasel being told?

It will most likely be rejected, but you never know. At least you can show a judge that you tried to appeal, and if it gets to court you will be able to submit the video as evidence a frustration of contract occurred so The Keeper isn't liable.

A little further editing won't go amiss. Perhaps it wasn't the case that the driver didn't read the signs, it might be that he/she didn't see them because they were inadequately placed, inadequately worded, damaged, high up on poles, obscured by bushes or tall vehicles …
Not everyone has a 'phone capable of making payments either. Perhaps the PCN was issued before The Driver could finish downloading an app to pay, or there was no 'phone signal for The Driver's 'phone provider.

You should also complain to the landowner/retail manager and your MP about this unregulated scam.

The_Deep

If you tried to pay but were unable to due to a faulty P&D machine it would appear that no contract was formed. If that is the case, if they took you to court for breach of contract IIMO that they would fail. Complain to your MP.

It is the will of Parliament that these scammers be put out of business.

Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

Redx

PeterFahita wrote: »

Thank you for clarifying, I now understand my mistake.

so if the machine was fault, look up frustration of contract and putting them to strict proof that tickets were purchased both before and after your vehicle parked up, with records from their PDT machine