Excel claim - defence advice

Coupon-mad

Only include this if it's true (it usually is NOT):

and has no knowledge of any parking charge notice (‘PCN’) or letters.

beamerguy

Snakes_Belly said:

Further to this Excel's WS will be absolute crap. I know which cases they will site and they are totally irrelevant. 

They always are crap.   They learned this from a dodgy legal once upon a time

Troubled42

Coupon-mad said:

Only include this if it's true (it usually is NOT):

and has no knowledge of any parking charge notice (‘PCN’) or letters.

Oops.. fixed.
Do I need to include any more detail at this stage?
Seeing as we're on a new page... latest defence edits were here.

Coupon-mad

I think you have enough for defence stage.

Snakes_Belly

The sign at the entrance is hidden from view by other signs. There are numerous irrelevant signs within the car park. The main sign at the pay and display machine contains a huge amount of information in tiny font. I would stress the entrance to the car park where the sign is not visible. This would be what should form the contract. When you enter onto Millers Lane from Derby Street the sign is not visible because you are driving and may not have driven past it if you continued down Millers Lane. There are could also be cars that are leaving the car park that could also block your view. These cars may have to wait some time as they may have to cross into the second lane of traffic on a busy road. There are also a number of other signs some of them blocking Excel's sign. This is where Excel will say that the contract is formed.  

Snakes_Belly

With regard to landowner authority I will send a PM about that. 

Fruitcake

I still have all the google streetview images I passed to Snakes_Belly, so either of us can provide you with them if that's helpful.
Luckily the google camera car went all the way round the Travelodge so it is a good source of images including the route in via the Lidl car par that has no entrance signs at all. 
At some point you need to mention this and aver that it is possible that's how the driver entered the site, and require Excel to prove the contrary is true.
You can probably find an image of the exact spot where the car was allegedly stopped and the location of signs. Once you get used to using street view it's easy to use and adjust the timeline to when the incident allegedly happened. You can then do a screengrab (Alt print screen/prt sc if using Windows) and paste it into an editing suite such as photoshop or paint etcetera to either use as is or crop etcetera. Always make sure the image capture date is visible at the bottom of the image.

Irrespective of whether Travelodge own the car park or not, always complain and say no member of your family will ever go back there if this isn't cancelled. Definitely leave negative feedback on their website and Trapadvisor, Fakebook etcetera.

As for possible drivers, having more than one named driver on the insurance policy is useful. Other family members and friends having use of the car should also be mentioned.

Have a look at Jopson vs Homeguard (Laura Jopson vs Homeguard Services) where the judge defined parking as opposed to loading/unloading which of course can be applied to both goods and people.

It is worth noting that although Snakes_Belly lost her case, she only had to pay £3 in costs, which was the parking fee that she couldn't pay because the P & D machine was broken. My personal opinion is that the judge was taking the urine out of Excel by doing this.
She came here as  a worried newbie but ended up a winner in my opinion, and is now a regular who comes here to help others beat this disgusting scam.

Fruitcake

Snakes_Belly said:

With regard to landowner authority I will send a PM about that. 

If you have a copy of the alleged parking contract, would you send me a copy by PM as well please. I am collecting as many as I can.
Often they fail to meet the requirements of the Companies Act 2006.

Snakes_Belly

Regarding Tripadvisor reviews. They are worth a read and you can bring up all the reviews in respect of the car park. IMO there is an element of entrapment with regard to visitors to the Travelodge. 

There is a permit system which a number of visitors to the hotel fall foul of. I think that visitors are not aware of the parking arrangements until they check in.  It's a system that has been made difficult for visitors to the hotel.

Snakes_Belly

What is the time on the penalty notice?

"Shortly after checking in, I made enquiries with staff on site and they informed me pay & display was required. I then proceeded to get a ticket straight away."

The staff should have made you aware of the permit system when you checked in. It's a very weird system and designed to catch visitors out.