Excel claim - defence advice

Fruitcake

Snakes_Belly said:

"I also wonder why according to the site plan/map, the roof of the building forms part of the protected area, and why the P & D machine is situated on the roof.  "

It's the machine by the fire door. There is no signage over it. (I have images). It's between two blue bins in the same corporate colour as the Travelodge. Sometimes the fire door is open and there are people outside having a cigarette break. When the fire door is open you can't see the machine. Also when they are having deliveries you can't see the machine.

I realised the red box indicated the location of the P & D machine and was just making a ribald comment that it appeared to be situated on the roof.

However, if something located immediately at the front of the hotel (said P & D machine) and marked on the site plan/map by a red box on the roof, there is absolutely no reason why the parking spaces immediately to the front of the hotel cannot similarly marked. Since they are not, the implication is that they do not form part of the controlled area and therefore not covered by the scammer's alleged contract. 
If they did form part of the controlled area then it stands to reason that they would be shown on the map. I aver therefore that the man on the Clapham omnibus would agree that the contract does not cover the place where the car was actually parked.

Coupon-mad

God that entire site is shocking.  Well done Excel.

Snakes_Belly

A lorry unloading and blocking off view of ticket machine (without any signage) by fire door. Those signs on the walls of the Travelodge are non related signs.

Snakes_Belly

When the fire door below is open (it has to be at times) you cannot see the ticket machine. No signage.

Coupon-mad

I have never seen a P&D machine with zero signs adjacent to it before.  Shocking.

Snakes_Belly

Coupon-mad said:

I have never seen a P&D machine with zero signs adjacent to it before.  Shocking.

I think that it is because the building is listed but they could have put a machine and signage somewhere else. 

Coupon-mad

But it suits them not to!

Thing is, how are they allowed to put an ugly PDT machine beside a listed building?  

Snakes_Belly

https://britishlistedbuildings.co.uk/101038724-former-midland-railway-grain-warehouse-number-2-shobnall#.Xx7lelVKgnQ

Grade 11 listed. 

Snakes_Belly

Coupon-mad said:

But it suits them not to!

Thing is, how are they allowed to put an ugly PDT machine beside a listed building?  

When the fire door is open (it opens outwards) you cannot see the machine. It was a stupid place to site it. 

The Claimant's representatives do not have a clue about this car park from Excel's plan. It's important to make the judge aware of just how ambiguous this car park is. Add that to Excel's weird arrangement with the permits and it's a nightmare for the motorist. 

Snakes_Belly

The images that I am posting may be useful. If not there is nothing lost. The image below shows that the signage on the building not parking related. You can see clearly it says To Let. A judge looking at their WS might think that these are Excel Parking signs. Nothing at all to do with Excel.