Excel parking

Coupon-mad

My submitted defence is that i was not driving and do not recall who was.

Surely more than that?  Are you wholly and only relying on a Judge seeing their NTK as non-POFA?

beagles2

Sorry, no i used the template defence provided here for cases where BW legal have added their Christmas party fund £60 additional charge. and poor signage not allowing any motorist to have clear access to the terms and conditions.   However my main defence is surely be that Excel are not POFA compliant / do not use POFA and as the keeper not driver I deny any liability for any fines or costs.  

Coupon-mad

Along with unclear signs (usually major in every case) the POFA is another main defence point, if it is true that you were not driving or can't recall for sure.  And as long as you have your head around in what way the NTK is not worded in a POFA compliant way.

beagles2

Just to keep everyone informed, I won my case. The judge found the notice to driver (that claimed not to be a notice to driver) to be just as I stated a notice to driver, thus he found excel not to be compliant with the pofa regulations.  He did not agree with my argument on signage and found the signs were clear however as the case could not hold up without the keeper liability it was an easy win in the end (he did agree that the 60 additional cost was not payable and would have to be removed however that was not relevant due to the case being dismissed) It was very nice having ELMS call me to pay me money  

Redx

well done , Excel and JB lose again , nice one , a POFA win and their NTD that wasnt that may be caused their downfall !!

Another one bites the dust !!

Coupon-mad

beagles2 said:

Just to keep everyone informed, I won my case. The judge found the notice to driver (that claimed not to be a notice to driver) to be just as I stated a notice to driver, thus he found excel not to be compliant with the pofa regulations.  He did not agree with my argument on signage and found the signs were clear however as the case could not hold up without the keeper liability it was an easy win in the end (he did agree that the 60 additional cost was not payable and would have to be removed however that was not relevant due to the case being dismissed) It was very nice having ELMS call me to pay me money  

Brilliant news - ANOTHER ELMS LEGAL / EXCEL ONE BITES THE DUST, indeed!

@beagles2 - nicely done!


Please do us and yourself (and the driving public) a favour and stick around on this forum every week - at least for the Summer - to ensure you see when the Government publish and open the final Technical Consultation.

We will be talking about it and the public will have about 4 weeks we think, to tell the MHCLG what you think about the level of parking charges, that the MHCLG has admirably decided already will start at £50 (50% discount) and not £100:


Outcome of 2020 Consultation (look what the public comments achieved so far):

https://www.gov.uk/government/consultations/parking-code-enforcement-framework/outcome/parking-code-enforcement-framework-consultation-response


Planned Summer 2021 additional Public Consultation:

https://www.gov.uk/government/news/government-to-open-technical-consultation-on-fairer-parking-charges


It's not open yet but please keep check here to see when it is. 

We need real people like you to counter the spamming that happened last time from the industry.

Snakes_Belly

Well done That is really good news.

I hope that you have read Bargepole's recent post which mentions VCS which is owned by the same director as Excel.  

D_P_Dance

They have wsted your time, now waste theirs, read this

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

Le_Kirk

Well done - a nice win.

beagles2

Is there any benefit in reporting excel /DVLA for a breach in the data protection laws.  They obviously obtained my details as the keeper well before they were allowed and then passed them to any agency who would chase me.  I even ended up changing land line provider and going ex directory as the debt collectors pestering was getting to my wife.