Letter Before Claim, EXCEL

Pringle114

Quentin wrote: »

As you have learned it's not their business model to issue PCNs and just let them fester if they don't get paid!

So what are you saying? I should pay?

Pringle114

Snakes_Belly wrote: »

When you receive their witness statement they will try to maintain that the contract was formed at the point of entry to the car park and cite the case Thornton v Shoe Lane. The car park in question (Shoe Lane) was a barrier car park with a clear sign at the barrier. The car would stop and take a ticket.

There are numerous instances online whereby Excel fail to maintain their equipment properly although they will claim the opposite in their WS. I have used instances in my WS which their rep is not happy about. (have not had hearing yet as case was rescheduled).

They will also cite the Vine v Waltham case. Not sure why they use this because Miss Vine actually won on appeal.

The car park in question didn't have a barrier etc. and again I paid the money and wasn't issued a ticket.

Will that actually hold up in court? Just seems a little flimsy... Although I've no experience in court etc.

Snakes_Belly

You could ask for the maintenance records on their machines.It sounds as if the tally roll that produces the tickets had run out.

Did you leave anything on the dashboard such as a note?

Quentin

Pringle114 wrote: »

So what are you saying? I should pay?

Don't know how you got that suggestion from anything I have posted??

Fruitcake

Please note that the period allowed for us to respond to the request for this information, begins when we receive the additional information necessary to ascertain the identity of the person applying for a copy of their personal data.

This is a lie.

The clock starts from the date of the original request, and they know it. Complain to them about their misrepresentation when you send the VRN/PCN number confirmation.

Complain to the ICO about their misrepresentation, and complain again if they miss the original 30 day deadline.

Pringle114

They've replied with what I asked for. However I made the below request which they've not supplied:

A PDT machine record from 28/12/2018, which must show all payments made, and partially redacted VRN’s, with sufficient information to protect full disclosure of other VRN’s, but enough letters or numbers to establish and identify if a payment was made.

Should I follow up?

Pringle114

Snakes_Belly wrote: »

You could ask for the maintenance records on their machines.It sounds as if the tally roll that produces the tickets had run out.

Did you leave anything on the dashboard such as a note?

Unfortunately not as I was in a rush to pick my daughter up. I requested a PDT record from the machine which they haven't supplied as part if the SAR.

beamerguy

Pringle114 wrote: »

They've replied with what I asked for. However I made the below request which they've not supplied:

A PDT machine record from 28/12/2018, which must show all payments made, and partially redacted VRN’s, with sufficient information to protect full disclosure of other VRN’s, but enough letters or numbers to establish and identify if a payment was made.

Should I follow up?

They will avoid that question. It is however up to them to prove the machine was working correctly at the time
If a payment was made and the machine did not offer the service, then what happened to the money ???
One must assume that EXCEL stole it ?

Pringle114

beamerguy wrote: »

They will avoid that question. It is however up to them to prove the machine was working correctly at the time
If a payment was made and the machine did not offer the service, then what happened to the money ???
One must assume that EXCEL stole it ?

As I've not yet mentioned to them that my defense would be that the machine stole my money and didnt issue a ticket, should I reply with this info? Stating that I will need this etc? Or...?

beamerguy

Pringle114 wrote: »

As I've not yet mentioned to them that my defense would be that the machine stole my money and didnt issue a ticket, should I reply with this info? Stating that I will need this etc? Or...?

You need to ask what happened to your money, again the onus is with them to provide proof.

You put money in the machine in good faith and foillowed the rules of the car park so a dodgy machine could be seen as frustration of contract.

The main point you will ask a judge