Excel Parking Services- Appeal refused

Spencerdog123

Snakes_Belly wrote: »

Are they saying that you should have moved your car? Is it in their terms and conditions that you should move your car if their machines are not working? Is it in their terms and conditions that you have to be carrying a smart phone?

I am not an expert but I would mention Prendi as this was a decision made by Henry Greenslade who said. 'each case will turn on it's merits'.

Sorry Snakes Belly, could you help with telling me what 'Prendi' is.... I have tried to track it down online.... carnt seem to find any information. Sounds like good information to include

Thank You and kind regards

Quentin

Spencerdog123 wrote: »

Sorry Snakes Belly, could you help with telling me what 'Prendi' is.... I have tried to track it down online.... carnt seem to find any information. Sounds like good information to include

Thank You and kind regards

Google it!

(Eg. Henry greenslade prendi)

Snakes_Belly

Register Kept Under Regulation 20 of the Road Traffic (Parking Adjudicators)(London) Regulations 1993, as amended or Paragraph 21 of the Schedule to the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007, as applicable

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.

Henry Greenslade is well respected. This case (not court) has possibly more influence than the Link Parking case as it was a decision by Henry Greenslade.

Spencerdog123

I am struggling with the Fake Fees as I did not contact the DRP.

Could I include something along these lines:

The Protection of Freedoms Act 2012, Schedule 4 (POFA) makes it clear that the will of Parliament regarding parking on private land is that the only sum potentially able to be recovered is the sum in any compliant 'Notice to Keeper' (and the ceiling for a 'parking charge', as set by the Trade Bodies and the DVLA, is £100).

disect the above possibly?

Kind regards

Redx

in a word , YES


nobody cares about you contacting DRP or not, if fake fees are added by the claimant , you object, its that simple , it is for the claimant to justify all charges on the claim form , to the judge


you ignoring DRPL is irrelevant , we tell everyone to do so

Spencerdog123

Redx wrote: »

in a word , YES


nobody cares about you contacting DRP or not, if fake fees are added by the claimant , you object, its that simple , it is for the claimant to justify all charges on the claim form , to the judge


you ignoring DRPL is irrelevant , we tell everyone to do so

Thank You for your help

beamerguy

Spencerdog123 wrote: »

I am struggling with the Fake Fees as I did not contact the DRP.

Could I include something along these lines:

The Protection of Freedoms Act 2012, Schedule 4 (POFA) makes it clear that the will of Parliament regarding parking on private land is that the only sum potentially able to be recovered is the sum in any compliant 'Notice to Keeper' (and the ceiling for a 'parking charge', as set by the Trade Bodies and the DVLA, is £100).

disect the above possibly?

Kind regards

You are not understanding, regardless or not that you contacted DRP, they will add the fake £60 anyway.

It is better that you did not contact them because they offer a "no win, no fee" to the PPC, so the fake add-on of £60 is just DRP scamming money from you

"The claim contains a substantial charge additional to the parking charge which it is alleged the defendant contracted to pay, This additional charge is not recoverable under the protection of freedoms act 2012, It is an abuse of process from the claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover,"

Spencerdog123

I have taken everything on board and added all relevant comments with everybodys kind help.

Proof read it to the max and about ready to submit :-)

Appreciate it very much, thank you

Spencerdog123

Hi Guys, Got back from holiday and moving address this week.

I received no Letters from court,

What shall I do about informing someone of my change of address???

Kind Regards

Le_Kirk

You send an e-mail to the DPO @ the parking company and/or the solicitor (claimant) informing them of the change of address as and from DD/MM/YY and informing them they must erase your old address. You should also write/e-mail to the court to which your case has been allocated (if you have done your DQ) or to Northampton CCBC if it hasn't.