Elms Legal - Excel Parking - Chorlton (Lost)

Piffpop

Hi all, just need some advice going forward as I feel this will go to claims.
I am now up to the LBC from Elms Legal from a PCN issued in July 2017 at Chorlton (The Square Shopping Centre).

I had followed all the newbie thread and they stopped sending letters after December 2017 using BW Legal.
It has now moved to Elms Legal and I'm still referring to the guide.
I have asked for an SAR today.
I have changed cars since the notice was issued and I also did NOT park my car in the car park as I was in work. I was captured by the automatic number plate recognition camera. It states I was pretty much there for 8 hours without paying.
My query comes in the further points of the guide, because I didn't park there, I wouldn't have seen the T&Cs of the car park. I'm not sure how to go ahead with this other than getting a letter of proof from my old employment that I was parked and in work during those hours.

Coupon-mad

Complain to the Management at The Square Shopping Centre. They can cancel this whenever they want, pre-court.

I also did NOT park my car in the car park as I was in work. I was captured by the automatic number plate recognition camera. It states I was pretty much there for 8 hours without paying.

Do you mean someone else did park for 8 hrs without paying?

Or they did pay but maybe the system recorded the VRN wrongly on the machine?

Or someone else drove in once in the morning, then returned in the evening and triggered the cameras wrongly, but were not there 8 hours?

Redx

I think people used it as a cut through and anpr cameras captured vehicles , plus it's owned by Tameside council AFAIK which may be significant regarding POFA

It's featured on these forums several times in the past so check those threads out for info , possibly signage etc

Piffpop

Hi Coupon, drive through in morning then again in the afternoon.

Coupon-mad

Complain to the Management at The Square Shopping Centre. They can cancel this whenever they want, pre-court.

They must have had similar issues before, as ANPR cameras are flawed in this respect. Tell them you will add their Director to the claim, if they let their parking agents sue, and he/she will be summonsed to explain the data processing failure of their agent's cameras, for whose actions the retail park remarks liable on an agency basis.

Finish by asking for the name of the appropriate person with significant control who will be the person to summons, and say they will need to provide a list of dates when they will not be available for a court hearing in 2020, unless they stop Excel from filing a court claim (which is imminent) and instead either they must pay Excel off or (better) order Excel s their rogue parking firm aggressive ex-clamper agent, to cancel this farce of a fraudulent PCN, right now, and you do not care which they do. If they have to pay Excel off then you hope it makes them question the entire contract they've agreed to...

The_Deep

Piffpop wrote: »

Hi Coupon, drive through in morning then again in the afternoon.

Read some of these

https://forums.moneysavingexpert.com/discussion/5550336/double-dip-parking-list-of-cases

[FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP after the election, or to all likely candidates now, it can cause the scammer extra costs and work, and often, if they know an MP is in the loop, they will cancel the charge..

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT]

Castle

Coupon-mad wrote: »

Complain to the Management at The Square Shopping Centre. They can cancel this whenever they want, pre-court.

They must have had similar issues before, as ANPR cameras are flawed in this respect. Tell them you will add their Director to the claim, if they let their parking agents sue, and he/she will be summonsed to explain the data processing failure of their agent's cameras, for whose actions the retail park remarks liable on an agency basis.

From 4 years ago:-https://www.manchestereveningnews.co.uk/news/greater-manchester-news/carer-fined-after-using-chorlton-11121699

Piffpop

Update
I have now received a Claim Form from Elms, I plan to follow the Newbie thread.
Just info on this carpark, you can call who owns the land all you want but they will just say Excel handle everything to do with the parking. The lady on the phone says she gets calls EVERY DAY and they do not know who to forward these complaints to. It seems impossible to find someone repsonsible for this car park to drop the charges other than our friends at Excel.

KeithP

What is the Issue Date on your County Court Claim Form?

beamerguy

Excel / VCS are an odd ball company, ex clampers who don't understand that "times up" in the the world of scamming the motorist.  They wasted their time with BWLegal, spankings galore, then they tried a DIY, with even more spankings, they then tried DCB Legal who passed it elms legal who failed with egg on their face
RESIDENTIAL CASE ..... VCS LOST
VCS passed the case to DCBL who in turn passed it to Elms Legal who sent their rep to court
A DISASTER FOR ELMS LEGAL
Sheffield County Court, 2pm, 28/01/20 Judge Heppell
Full report in POST # 110 here
https://forums.moneysavingexpert.com/discussion/comment/76779349#Comment_76779349"nofollow" href="https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1" title="Link: https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1">https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1

Coupon-mad

Piffpop said:

Update
I have now received a Claim Form from Elms, I plan to follow the Newbie thread.
Just info on this carpark, you can call who owns the land all you want but they will just say Excel handle everything to do with the parking. The lady on the phone says she gets calls EVERY DAY and they do not know who to forward these complaints to. It seems impossible to find someone repsonsible for this car park to drop the charges other than our friends at Excel.

You will find out, when you get the evidence bundle from them at WS stage! 

Then you can tell that lady who is responsible.  Maybe Excel lease it, but maybe not. 
You could check with Land Registry online for £3.50, who owns a parcel of land.