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Elms Legal - Excel Parking - Chorlton (Lost)

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  • Piffpop
    Piffpop Posts: 36 Forumite
    10 Posts First Anniversary
    Update: I lost
    Court was today, bitterly disappointed and upset but my advice for anyone who's using this carpark as a cut through to just pay up front.
    They awarded them £100 for trespassing.
    It wasn't the judge stated on my form, but a male judge, I didn't catch his name nor did I catch the representative's name.
  • Coupon-mad
    Coupon-mad Posts: 151,964 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 26 November 2020 at 4:10PM
    They awarded them £100 for trespassing.
    Can't have done.  The claim wasn't pleaded in trespass and Excel were not the landowners.

    Did the Judge at least disallow the fake 'recovery costs' of £60?  On what basis was the case lost, that the signs were clear?

    How did the case get lost, given it was a double visit?
    drive through in morning then again in the afternoon.


    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
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  • Piffpop
    Piffpop Posts: 36 Forumite
    10 Posts First Anniversary
    They awarded them £100 for trespassing.
    Can't have done.  The claim wasn't pleaded in trespass and Excel were not the landowners.

    Did the Judge at least disallow the fake 'recovery costs' of £60?  On what basis was the case lost, that the signs were clear?

    How did the case get lost, given it was a double visit?
    drive through in morning then again in the afternoon.


    I think he was on the lines of 'I have to follow British law and you were trespassing' by admitting I drove through the car park.

    Yes I believe he didn't even accept the £60 but he didn't exactly tell them off for it.
  • Umkomaas
    Umkomaas Posts: 43,373 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Piffpop said:
    They awarded them £100 for trespassing.
    Can't have done.  The claim wasn't pleaded in trespass and Excel were not the landowners.

    Did the Judge at least disallow the fake 'recovery costs' of £60?  On what basis was the case lost, that the signs were clear?

    How did the case get lost, given it was a double visit?
    drive through in morning then again in the afternoon.


    I think he was on the lines of 'I have to follow British law and you were trespassing' by admitting I drove through the car park.

    Yes I believe he didn't even accept the £60 but he didn't exactly tell them off for it.
    But only the landowner can sue for trespass (I've not looked back, but is this a car park that Excel lease?), and unless you've caused £100 worth of damage, I can't see where £100 comes from in a trespass case.  Otherwise this is a penalty, which private enterprises cannot levy. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Piffpop
    Piffpop Posts: 36 Forumite
    10 Posts First Anniversary
    Honestly, I didn't argue as it was a surprise he brought up trespassing. Tbh I'm just going to pay, this has honestly been stressful and I genuinely thought I would win as it was a parking case, not trespassing. I don't know why he went down that route.
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    £100 for trespass, how much damage did you do?"
    You never know how far you can go until you go too far.
  • What was the full award? Just £100? Or nearer £200? (£100 PCN + £25 filing fee + £25 hearing fee + £50 solicitor cost)

    You're right to pay it up ASAP ... failure to do so is what leads to a CCJ.
  • Piffpop
    Piffpop Posts: 36 Forumite
    10 Posts First Anniversary
    What was the full award? Just £100? Or nearer £200? (£100 PCN + £25 filing fee + £25 hearing fee + £50 solicitor cost)

    You're right to pay it up ASAP ... failure to do so is what leads to a CCJ.
    Just £100
  • Castle
    Castle Posts: 4,788 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Piffpop said:
    What was the full award? Just £100? Or nearer £200? (£100 PCN + £25 filing fee + £25 hearing fee + £50 solicitor cost)

    You're right to pay it up ASAP ... failure to do so is what leads to a CCJ.
    Just £100
    So they were awarded £nil for damages?
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