Court Letter from Excel Parking!!

beamerguy

KB8809 said:

They didn’t state why they had added extra monies on. I am unsure how they can even take this to court without any evidence. This is what they stated on claim:

CONTRACTUAL COSTS ???
Those must have been in the very small print that even judges cannot read.

These claims are becoming more feeble as the days go on. It's no wonder the courts kick them out and if you show the judge this ......... when you win, don't forget your costs

EXCEL v WILKINSON ..... claim struck out for ABUSE OF PROCESS.  DDJ Jackson who is now HHJ Jackson made this ruling.  
https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

D_P_Dance

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

KB8809

Ok thanks I will do those things. How do I requests a SAR? Do I email them or write a letter? 

D_P_Dance

How do I requests a SAR? 

google it.

nosferatu1001

Ore read the newbeis thread
Why woul dyou post anything?! Waste of time and money

Umkomaas

Take a look on the Excel website to view your PCN. You should be able to view all the photos they hold relevant to this charge. If there's no evidence of anyone leaving the car park, you might have a case for a counterclaim - more on that later, just check their photos first. 

Coupon-mad

Those particulars of claim don't even say how much the parking charge was, let alone the interest and the false added sum!  There are no pound signs at all on the left there (I know there are on the right...irrelevant). 

The point is, as a moneyclaim this completely fails to break down the claim.   

However, you have already defended it so will have to play 'catch up' at WS & evidence stage (see NEWBIES thread, please read post #2 of it).

Snakes_Belly

Sounds like a try on. They probably have not got evidence of you leaving the site. They are a very litigious company and if this claim had legs they would have been onto it much more quickly. They are digging up these older spurious claims because their regular supply has dried up. 

You have to question why it has taken this long. I know that they have got six years but why wait so long?

Unfortuately this is a company that will pursue to the court stage and then could pull at the brink so you will have to go through the motions.  

Snakes_Belly

"You require all personal data including their evidence that you allegedly left site, whether that is CCTV footage or a witness statement from an employee of theirs. You require this as this is by definition your data" 

Given that this is an old claim the chances of an employee still working for them are slim. They are not a "job for life" employer.

"If there's no evidence of anyone leaving the car park, you might have a case for a counterclaim - more on that later, just check their photos first." 

I think so. If there is a counterclaim it will stop them from folding at the last minute which is very likely.  They have caused you all this hassle especially when as NHS staff you are working longer hours at the moment. You don't need this. I have a relative that is not front line NHS but is working on the roll out of the vaccines and is putting a lot of hours in at the moment. 


Excel need a shot across the bows to make them realise that they cannot drag motorists through the court process without reason.

beamerguy

Snakes_Belly said:

Sounds like a try on. 

You have to question why it has taken this long. I know that they have got six years but why wait so long?

Being slowly strangled by covid is the answer ?

Will they win such an old case ?  The reason they give is so feeble and they forget their failure in the EXCEL v WILKINSON case ?

Bad time for those who will add fakes