Excel Parking Services have taken me to the small claims court

Redx

JonnyBravo10 said:

My only concern guys is that I would be posting all my evidence on here available for all to see, including parking companies who I am sure keep an eye on these threads?

Just post the WS minus any identifiers , no name , no address , no email , no VRM details , no PCN reference , no claim number , no pictures of any paid for ticket , so redacted details , nothing to identity you or the claim , bearing in mind that when you submit everything to the court you also have to submit everything to the claimant as well , so they will see it in a fortnight anyway

D_P_Dance

If they did not read this forum they would not know that they are in for a kicking.

JonnyBravo10

Excel would identify me easily by the word for word defence I have provided.

Sorry if I seem a pain however naturally I’m concerned about the whole matter and the possibility of giving Excel a head start on my WS etc in readiness for the hearing.

Unless somebody can provide me with a step by step guide in relation to the WS and supporting docs then I’m probably going to have to ready through the previous support threads again for help with what detail I need. I don’t feel I need much evidence of signage etc as I said before it’s simply my word against theirs and whether the judge feels my ticket was clearly visible through the windscreen. I don’t quite get what difference any other info I supply would make?

Redx

There is no step by step guide , you read previous ones from 2020 until you can form your own

In ten days time you have to give Excel copies of your WS plus Exhibits plus summary costs assessment , which is their heads up anyway (plus a copy to the court) , so they will know very soon anyway

You should never reveal personal details on a public forum , so you redact the identification using xxxxx , it's that simple

If you don't want to post on here , don't , just do as you said and crib from other victims who weren't as paranoid

nosferatu1001

Theyre going to get it in under a week anyway. 
Realistically tehre is a time for paranoia, and a time for accepting that if you want help that is actually useful, you have to give us something. 

Because if the signage doesnt actually state the whole ticket must be visible, there has been no possible breach because they admit the ticket could be seen....thats why we ask for details such as signs. 
We a re not going to give you a step by step on how to write a WS, because we cant. 
They;ll presumably have a picture of a ticket that cant be read to show. You need something to make that less persuasive.
So, if you want to continue arguing feel free, but you'll find fewer and fewer people respond. 

JonnyBravo10

As stated previously I more than appreciate everyone’s input. RedX can’t help have a little dig though yet again as per his last comment, I’m not here to listen to pointless comments like that. I’m not used to support networks responding that way. Very bizarre..

Anyway aside from that 🙂 I’ll have a look through previous threads again and see what I can put together. If I need further help with it all I’ll repost. Thanks again for everyone’s input it’s appreciated 👍

beamerguy

JonnyBravo10 said:

As stated previously I more than appreciate everyone’s input. RedX can’t help have a little dig though yet again as per his last comment, I’m not here to listen to pointless comments like that. I’m not used to support networks responding that way. Very bizarre..

Anyway aside from that 🙂 I’ll have a look through previous threads again and see what I can put together. If I need further help with it all I’ll repost. Thanks again for everyone’s input it’s appreciated 👍

Redx is not having any digs at you, he is explaining the facts.  But, I get the impression that probably nobody can help you.
We also are not here to listen to pointless comments

Snakes_Belly

I doubt that Excel will even read your WS. They will scan it in and send it to their rent a legal within 24 hours of your case being heard.

Redx

You need to realise this is serious and any comments are designed to get you up to speed and dispel the myths and your naive assumptions , which is one of the hardest things to get across in court cases like these

What we are trying to do is get you on the same wavelength as everyone else that comes here for advice , who have usually never done it before either , but you seem more intent on arguing and paranoia instead of getting the job done

At no time have I asked you for any personal data , nor have I done so in the thousands of posts I have made on here , I have no interest in your details or data , just ensure that what you post on the net has no personal info at all , even your username should be anonymous

As I told you earlier , either follow our advice or as Fleetwood Mac sang , go your own way , it's your choice to make , I don't care either way , but at the moment you are wasting everyone's time by being intransigent and obstructive , being argumentative , it's your time you are wasting , because people will read this , ignore you and help the more deserving cases of members who are open to suggestions and comply with requests for information whereas it is you having the sly digs at me all the time despite me giving you sound advice and most people reading this thread know why my replies are there , what they expect you to do and how your attitude is stopping your case from progressing , we are no further forward despite the advice already given

Coupon-mad

JonnyBravo10 said:

Please see below my previous defence statement:

I am disputing this claim because I have acted within the terms and conditions of the contract entered into when parking on land owned by Excel Parking Services. Excel Parking claim that I breached the terms and conditions of the contract due to not clearly displaying a valid ticket/permit.

However, I did clearly display a valid parking ticket on my dashboard which was clearly visible through the windscreen. the parking attendant actually took a photograph of the ticket which you will find on one of the previous claim letters issued to me by Excel. The photograph Excel provided is very small therefore requires a zoom to visually see my valid ticket.

This would have been clear to see for the parking attendant at that time but it seems he either missed the ticket or maybe felt that the ticket was not placed correctly? This I Don't know but can only assume. Should it be the latter, the reason for this could be due to the high winds upon opening or closing my car door which resulted in the ticket blowing to the side of the dashboard and becoming placed between the side panel and the dashboard itself (this I realised when returning to my car). Luckily for me the ticket and details of purchase were still clearly visible on the dashboard to be seen through the windscreen as it had placed with ticket details viewable. If it had placed the other way around with the back of the ticket facing the windscreen then I would have totally accepted this claim.

The last thing I wanted is for the situation to have got this far with the threat of court and bad credit but I fell extremely hard done by as I have done exactly what the terms and conditions advise.

Also, the terms and conditions do not advise if there are certain areas of the dashboard that a ticket should be placed, therefore the fact that my ticket became lodged at the side of the dashboard does not mean that I have breached these terms and conditions, because the ticket was still visible through the windscreen. If you zoom in on the photograph supplied by Excel you will clearly see the date of purchase. The parking attendant would have had a perfectly clearer view of the ticket than the photograph itself.

In light of the above evidence I can also confirm that I am still in possession of the ticket should this be required for evidence.  Please accept this information along with the photograph supplied by Excel parking as sufficient evidence in defence of this claim. I feel extremely hard done by with it getting this far as I have acted within the terms of the contract and cannot see a reason why Excel feel I have not done so. The question raised is - Did I clearly display a valid parking ticket on the dashboard which was clearly visible through the windscreen? The answer to this is - Yes I did. And to back up my answer as confirmed above, the parking attendant actually took a photograph through the windscreen of the valid ticket.

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JonnyBravo10 said:

From my point of view it’s not a case of poor signage etc it’s simply a case of I believe my ticket was clearly visible through the front windscreen whereas Excel believe it was not.

So you’re telling me that for the small claims court to support my claim I’d have to complete all the info you have advised? 

Yes, you have to submit a WS and evidence (your photos, a copy of the ticket, and your case law - see other examples) in time.  Read WS examples and copy what they did, including a costs assessment and the supplementary WS and exhibits about the added £60 being an abuse of process. 

It is easy once you find some good ones, look at what @keypulse an @Chefdave submitted.

Oh, and Excel don't own the land.  Your defence was good enough and I was pleased to see you mentioned that the signage terms didn't state how a ticket was to be displayed.  Cover that in your WS once you have seen some good ones to crib from.