Private PCN - Excel Parking - WE WON!

Snakes_Belly

If this car park had been managed properly then a yellow cross should have been painted on the last two spaces as in the photo below.
 https://www.flickr.com/photos/7317295@N04/7678945914/

That would have made it clear to the driver not to park in that spot. Obviously drivers are parking there as there is a car in the opposite spot which also is not a parking space. 

There are actually ten car parking spaces on the car park. Business rates are being paid on ten spaces by the look of it. I guess before Excel that these were rented out individually as parking space in Nottingham is at a premium.   

Excel are onto a winner by not marking these end spaces as they will receive the tariff anyway and a claim if they entrap a driver. It's a win win for Excel.    

daniel_uk

I received an e-mail from the court yesterday.

Due to lack of judicial time, unfortunately, the above hearing has been adjourned.

Either Covid has played a part in this or the courts just don't see these cowboy PCNs as a priority and clogging up the court system. 

Snakes_Belly

This happened to me actually at the court. It is upsetting when you have geared yourself up.

The whole of Nottinghamshire is now in the very high level tier so I guess that there may be COVID issues as Derby is close.

Courts now are having to deal with possession orders which will have built up.

Just hang on in there. You might get the "hallmarks" judge next time

daniel_uk

I can't imagine it being for months. We are due to go into a higher lockdown here in Derby.

beamerguy

daniel_uk said:

I can't imagine it being for months. We are due to go into a higher lockdown here in Derby.

Lockdown now in a huge part of the country and it will spread, the courts only have a limited number of judges with much more important cases, parking company claims will be on the lowest level to hear and because parking companies have made such a nuisance of themselves, I can see judges just dismissing the cases, the parking companies give them many reasons to dismiss.

So, 6 months is on the cards and EXCEL who are 80% down due to covid will just have to wait. 
What will they be waiting for ?  either a win to get money or a loss where they can pay your costs.
Who knows the future, Excel could have gone bust by then ?

I am in the South which is medium risk but I will not be going and parking my car where vermin hang out.  This is a killer for parking companies and all those associated with the scam

Snakes_Belly

daniel_uk said:

I can't imagine it being for months. We are due to go into a higher lockdown here in Derby.

Same in Staffordshire. Stoke could go even higher to the same as Nottinghamshire.

Although many of the hearings are remote, some of the judges could be in the very vulnerable category. They work past the normal retirement date. Some are working from home but many are still working from courtrooms using telephones or skype

Just read your notes every now and again and check on the forum to read the write ups of the hearings. Check also for updates to the new CoP because whilst they will say that it cannot change the outcome of ongoing cases it could have an influence.

daniel_uk

It's been rescheduled to 30th November.

Snakes_Belly

daniel_uk said:

It's been rescheduled to 30th November.

Is it with the same judge or the "hallmarks" judge?

daniel_uk

Sorry, no mention of the judge.

daniel_uk

Today has been a brilliant day!

My girlfriend went to court and WON against excel. She didn't get her costs but she got her parking ticket and petrol paid for. I'm so happy for her and thanks to you all the the help. It's been a long battle but we finally came up trumps. She said she was sitting waiting to be called in and an Excel rep in a long black coat was heard saying they were hoping she didn't turn up. They didn't realise she was the defendant. I suppose they knew they had a weak case and they knew it.

She said the judge even said if he found himself at this car park he would of likely parked there. The judge also agreed with us pointing out about that the space either needs blocking off or markings putting down. The judge said this to the excel rep and also told him that the sign we were parked in front of requires people to go online to view the terms and conditions.  There was more but I am to excited to type

The judge dismissed the claim!

I'm so happy this is over now and we can move on. Once again thank you for all your help. This is a win for all of us.

Dan and Chelsea.