Excel claim - defence advice

Snakes_Belly

"@ Snakes - I could understand the P&D machine being harder to see if it was hidden on the other side of the firedoors when open but its infront of it upon your walk to the travelodge reception door. Either way nobody saw it at the time anyway. by the looks of the scamtendant images it looked a miserable november day! "

It depends where you were parked. There are three ticket machines. One near the taxi business with signage.  If you entered by the second turn off Millers lane you could easily miss this. The one near the fire doors (not signed) and the one around the back where you have to cross into the other operator's car park. You will see their ticket machine before Excels and think that you are in another operator's car park.

I have noT seen a image of the car without a ticket in their WS.  Have I missed this? Also the photo's that they provided in their WS did not look like the ones that Excel used in my WS. I wonder if they have a "Norris". There has been suggestions in the Tripadvisor reviews that someone at the Travelodge may be involved in their scam. A number of people were ticketed at around 8.00 am in the morning when the permits run out. 

 

Troubled42

Understood.
Yes, there are images of the vehicle with and without a ticket on.
Link to Scammers WS, court papers, etc.
It is also amusing as the 2nd picture shows the scamtendant trying to prove there is of course signage which you can see in the distance yet this is facing the wrong way and many, many customers parking in the front of the hotel, like in this case, do not see this.

Edit - 16:38

Scammers have politely sent the generic 'we have a strong case against you' letter. How nice.


Relative has confirmed that this is not a fresh signature and is just a copy.. assuming it is going to be on their original paperwork but I would've thought you submit that to the court/defendant.
We have also added the original court claim letter from March for reference in the usual place.

Fruitcake

Why have Excel sent a letter referring to VCS, a completely different company according to Companies House with a completely different company number? Methinks Yasmeen has forgotten for whom she works scams.

With regards to the P & D machine at the front of the hotel, if there was one or more vehicles parked in the same row between the one in question, the machine would be hidden from view if a vehicle entered from either end of Millers Lane.

The hotel guest would not therefore know about the hidden machine unless and until the driver was informed by a hotel employee.

Troubled42

Thanks Fruitcake

Well ladies and gents I think this is drawing towards a close...
We are relatively comfortable with the points so far (25 points in our WS, some very short, some quite detailed) and seem to have a mountain stacked up against them for... a hearing that's apparently only to be 30 minutes? We won't get through our WS in that time!
it truly is an embarrassing setup from the Claimant in this car park.

Anyway. I attach the latest copy of the case notes.
Is there any further feedback at this point? Just fixed a few typos as well.
I guess the parking/travel costs can be scrubbed from the schedule of costs, given this is remote.

We are looking forward to sending this to the court & CC'ing the Claimant... and most likely receiving a discontinuation letter days after..

Coupon-mad

Looks great - very good prep work!

Umkomaas

Just one point - re copies of the TripAdvisor comments - you state you extracted them on 25/07/10. I think you might need to fast-forward that date by a few years!

Otherwise, it looks good to me. 

Fruitcake

Just a few minor points about your crib sheet that in no way detract from the excellent hard work you have put in to this.

How does is a Paralegal not aware ...

Parking signage was not visible present at the entrance into the car park and offered no contract or parking licence of value Parking signage was also not visible present at the entrance of the Travelodge

A parking ticket was purchased on the date in question. obtained after the contravention

Contract statement of Authority does not company comply with companies act 2006 section 44. It has not been signed by two authorised people as defined by the act.

these bays are apparently not within their controlled area, making these unenforceable.

Snakes_Belly

Looking good. Fact that there is no signage has got to be a winner.

I had to laugh at the comment that Excel made to the Derby newspaper that they "had never had any problems with that car park before".

Good job on explaining the car park which is difficult to communicate.    

Snakes_Belly

Just as a matter of interest if you had booked through Trivago you would not know about parking. 

Troubled42

Oops, reviews were obtained in 2020, not 2010 - fixed
I've resolved those typos & added the better wording as suggested @Fruitcake
I've reattached the document.
Indeed Snakes - a quick look at the reviews and it tells you how much grief people have been through at this location. Imagine going on holiday just to simply relax at your chosen destination, only to have predators round the corner in their van waiting for your permit to expire 3 minutes after the allotted time  

At this point I will quickly unredact this document and then prepare the brief email to the court & C, attaching a telephone number as requested on the hearing paper. I don't believe there's anything else I really need to mention at that point in the email.
After that... my relative is on holiday for the next 2 weeks but will no doubt return to a letter of discontinuation - heres to hoping anyway... although to be honest it does sound a little more exciting sitting on a call with a judge and no rep turning up for Excel.
On that note, given that they won't be home until 13th Aug... I wonder if it would at least say on MCOL that the claim is discontinued perhaps? Either way we won't know until their return.

Quite a few of you have made significant inroads into helping with this and I sincerely thank you for your efforts & what you are doing for the community. There's plenty of post-court action that I have an appetite for as well in regards to complaints... but thats for then!
*Edit*
Document has been 'un-redacted', finalised & is ready to be sent tomorrow morning via email to the court & C