How do I challenge an Excel Parking fine?

KeithP

cruise2809 said:

The issue date is the 8th July 2020.

With a Claim Issue Date of 8th July, you have until Monday 27th July to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Monday 10th August 2020 to file your Defence.

That's almost four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

cruise2809

Thanks Keith,
really appreciate your guidance here. I will file the AoS this weekend and begin to create the defence too.
it would appear that I use the template for the AoS on that thread you mentioned.
Thanks again. Fingers crossed.

KeithP

cruise2809 said:

it would appear that I use the template for the AoS on that thread you mentioned.

No, not a template. About ten minutes work.

As I said:

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

D_P_Dance

Have you read this?

http://parking-prankster.blogspot.com/2016/11/residential-parking.htmlantsot

What does your lease/AST say about parking? Does it mention the need to display a permit? then it may take primacy over the self serving TnC of the scammer, and interfere with your lawful right to “quiet enjoyment” of your property, possible an offence under The Landlord and Tenants Acts.

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, and an independent appeals service will be set up,


Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/of these Private Parking Companies.

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

cruise2809

Hi Keith,
Now I have set aside time on the weekend and work doesn't get in the way, I am very easily able to follow to follow your advice, thank you. Just found the dropbox info and submitted the AoS - just had confirmation of this.
Appreciate it. Now on to the defence!!!!
Thanks again

cruise2809

Hi Keith,
Completed my defence using the template although it is hard to fully structure section 18 without waffling on.
Thanks D_P_ Dance too as I am about to write to my MP too!

Fruitcake

Please post the paragraphs of your defence that you have changed from the template for the regulars to check.

Put notes in your calendar so you don't miss the dates you need to submit your defence, DQ, WS, and Exhibits etcetera. 

cruise2809

Thanks Fruitcake, was actually thinking of doing this but didn't want to be cheeky and assume someone would check it so really appreciate it:
This is from section 18: 

"The vehicle was located on land which required a parking ticket to be displayed. This was purchased for the price of £4 which covered a 24 hour period. The vehicle complied with the parking requirements and the said ticket was displayed in the driver’s window. Evidence of such a display was also captured by the parking attendant and they submitted this in their evidence portfolio. Therefore, this demonstrates that the ticket displaying the correct date was purchased, it was duly displayed and still a parking ticket was issued. A receipt of this parking ticket still remains in our possession, further demonstrating that the ticket was clearly purchased and the time and dates were still appropriate and relevant for the time the ticket was issued.

In addition to this, the date of 10th February 2020 was indeed a day which experienced snow and perhaps this could have been a further reason for the parking attendant became confused by the ticket display. I have further evidence of a photograph of the vehicle taken at the location of the initial blue privacy notice form with a covering of snow on the windows of the vehicle."

Thanks again

Coupon-mad

In addition to this, the date of 10th February 2020 was indeed a day which experienced snow and perhaps this could have been a further reason for the parking attendant became confused by the ticket display. I have further evidence of a photograph of the vehicle taken at the location of the initial blue privacy notice form with a covering of snow on the windows of the vehicle.  It appears that this Claimant was checking windscreens on a day when they knew, or should have known, that would be an unreasonable and unfair business practice unless the employee was prepared to first clear the snow and ice from each windscreen to check all windows properly, before ticketing vehicles which had not contravened any terms at all.

cruise2809

Thanks Coupon_mad. I've just added your suggestion into section 18. Thank you for that.
I guess that if my defence document is completed then would you suggest that I submit it well in advance of the 10.08.20 date that Keith referred to? This would ensure I don't miss it.