County Court Claim - Excel Parking; Drop off zone

molokoid

Hi, can anyone help highlight what arguments to highlight and rely on in this scenario please;

• Location is a private road used as drop off zone to shared office space at Fort Dunlop in Birmingham
• Driver used the drop off zone for longer than the maximum period permitted
• Driver is a tenant of the Fort Dunlop office space and has a dedicated, paid for parking space within the buildings own car park, also Excel managed.  the drivers numberplate is registered with their number plate recognition access control for such purposes.
• On this occasion, which was during the national stay at home lock-down, the drop off zone was used to load equipment into the vehicle to carry out a ‘key worker’ duty.  The driver would have had key-worker status.
• The loading bay was unavailable for use (also a restricted period zone) due to the access lift being out of order
• The drivers own dedicated, permanent, paid for space was unsuitable due to access restrictions (door width and stairs)
• The drop off zone was used with the knowledge and consent of the onsite staff.  No written permission was gained.  No party discussed or considered the length of use.

Any guidance appreciated.

Coupon-mad

What do  you need to know that's not already in the NEWBIES PLEASE READ THESE FAQS FIRST sticky thread at the top of the forum (2nd post all about how to win in court) or in all the other Fort Dunlop and/or any Excel threads?     There are loads of Excel claim threads. 

You also haven't told us the DATE OF ISSUE of the claim form or whether you have done the AOS like the NEWBIES pictures show you.

Redx

previous thread

https://forums.moneysavingexpert.com/discussion/6203362/wells-next-the-sea-port-of-wells-car-park-can-anyone-advise-what-parking-app-is-in-use#latest

I have no idea why there is a second thread !!

KeithP

Redx said:

previous thread

https://forums.moneysavingexpert.com/discussion/6203362/wells-next-the-sea-port-of-wells-car-park-can-anyone-advise-what-parking-app-is-in-use#latest

I have no idea why there is a second thread !!

Maybe because it is about a different incident/location.

Wells-next-the-Sea versus Fort Dunlop.

Redx

so 2 court cases at the same time

the OP was asked about the ISSUE DATE in the previous thread yet omits those details from this one ? lol

Snakes_Belly

Recent win by a motorist at Fort Dunlop.  No show by claimant resulting in costs for unreasonable behaviour.

"The drop off zone was used with the knowledge and consent of the onsite staff.  No written permission was gained.  No party discussed or considered the length of use."

Could you obtain a letter to confirm that verbal permission had been granted on the day in question due to the circumstances mention in your post?

molokoid

KeithP said:

Redx said:

previous thread

https://forums.moneysavingexpert.com/discussion/6203362/wells-next-the-sea-port-of-wells-car-park-can-anyone-advise-what-parking-app-is-in-use#latest

I have no idea why there is a second thread !!

Maybe because it is about a different incident/location.

Wells-next-the-Sea versus Fort Dunlop.

Correct!

molokoid

Snakes_Belly said:

Recent win by a motorist at Fort Dunlop.  No show by claimant resulting in costs for unreasonable behaviour.

"The drop off zone was used with the knowledge and consent of the onsite staff.  No written permission was gained.  No party discussed or considered the length of use."

Could you obtain a letter to confirm that verbal permission had been granted on the day in question due to the circumstances mention in your post?

Doubtful, but i will give it a try.  They've previously always had to state no influence once in the hands of Excel.  But this is a different scenario.

Redx said:

so 2 court cases at the same time

the OP was asked about the ISSUE DATE in the previous thread yet omits those details from this one ? lol

LOL
Issue Date 28th Sep
AOS Submitted 1st Oct (received 2nd Oct)
28+5 Date 31st Oct (so plan to not get spooked and have it submitted the week before)

Snakes_Belly

Doubtful, but i will give it a try.  They've previously always had to state no influence once in the hands of Excel.  But this is a different scenario.

The letter will not be influencing Excel. It will be seen by a judge who has the power to dismiss the case. You are just asking them to state the facts of what happened on the day. 

Redx

AOS was submitted too early so do not leave it until your alleged deadline , use your self imposed deadline

The locations mean nothing to me , they rarely do because they are not local to me

Snakes_Belly

"The locations mean nothing to me , they rarely do because they are not local to me"

Fort Dunlop was an old tyre factory that is now shops, offices, leisure and Travelodge.  It is just outside Birmingham. The case where the judge was kept hanging on the telephone was a charge from this car parking area. The no show by Excel.

Wells comes up a lot on this forum considering it is a tiny place on the North Norfolk coast. It must be a hot spot.