Imperial War Museum North - Excel Parking Services Ltd. Amount claimed £288.52 from 05/02/2016!

longtale_Parker

Good morning all - and thanks for providing such excellent advice and support.

My situation is that I was driving my wife's car and had dropped her off with two of our children to go into the museum, while I popped to the shops and for petrol with our youngest. From hazy memory, I recall getting back to collect them and waiting in the car for them. I don't recall leaving the car and have a vague recollection that there was a parking attendant, though we didn't have a ticket on the car and understand there are cameras that control the site. At some point, my wife received a charge notice through the post which I thought could simply be ignored (old, old limited knowledge). We did receive further threats over a period but then it went quiet until last month (I noted there are similar threads on here, with suggestions that the pirates are making up for lost time/ revenue due to covid).

I have followed the guidance as best I could (though admit I got a bit confused because I was flipping around different cases) and (we) have already submitted the AoS to the court - I sent it on behalf of my wife and will be supporting her with the admin for this. I have also sent an SAR to Excel and think I am now ready to submit the defence letter and will add it here for comment, but my first question is should I explain the facts on behalf of her as the registered keeper and use the following advice?

you will be saying when you first heard about this parking charge (by post, months later?) and maybe how harassed you felt by the bombardment of ‘debt recovery’ letters, and you might be taking the point that the Defendant cannot be held liable due to the Claimant not complying with the ‘keeper liability’ requirements set out in the Protection of Freedoms Act 2012, Schedule 4.

Thanks

D_P_Dance

They have added what appears to be an extra unlawful amount for debt collection. Judges have dismissed an entire claim because this. Read this and complain to your MP.

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''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

longtale_Parker

Wow!
I was just about to edit my post - if that's possible - after seeing the request not to suggest they are "pirates". I will instead make it clear that I do not consider Excel to be pirates, and offer them some sympathy for what simply seems to be a misunderstanding of the process they have followed.

Could I ask (D_P_Dance) if this is something I should refer to in my statement to the court, and is it the only thing I need to include?

It made me smile to see that originally... but already I'm appalled that they got away with it for so long!

95Rollers

Worst case scenario let them waste their time and money pushing this to court. Don't bother engaging with them - only engage with LBC letter from them. 
If they are stupid and greedy enough to push to court- then use the various resources here and on a Defence or Witness Statement draw attention to Excel vs Wilkinson as DP posted above and countless other judgements against them (Excel vs Cutts) and their sister company VCS) where multiple cases have been struck out for Abuse of Process plus not forgetting that time their  owner publicly criticised an experienced Judge with baseless accusations because his company lost a spurious case again!!!

Is that the imperial War museum in Lambeth North, Kennington? Was there much signage?

D_P_Dance

Of course you should refer to it,   Only you can decide what to include, personally I would include the kitchen sink.  on the basi that too much information is better than too little.

Castle

95Rollers said:

Is that the imperial War museum in Lambeth North, Kennington? Was there much signage?

I suspect it's the one in Manchester. 

Redx

Post the issue date from the claim form below

Post the date that the AOS was done or logged , below , too

Everything is done in the defendants name , but you can assist , until the hearing

You are a witness , as the driver , so cannot lay rep as well !! You cannot be both entities , an involved witness cannot be a lay representative

95Rollers

longtale_Parker said:

Wow!
I was just about to edit my post - if that's possible - after seeing the request not to suggest they are "pirates". I will instead make it clear that I do not consider Excel to be pirates, and offer them some sympathy for what simply seems to be a misunderstanding of the process they have followed.

Forgot that!  They are total pirates - they are ex-clampers - who were ironically called "Captain Clampit"!!!  There is no honest mistakes on their part!  They show no mercy to anyone! They are all about taking you for as much as you've got! 

They even tried to buy someone off who reported them for Harassment with a meagre pay off to take a gagging order!  They are unscrupulous relentless bullies out for what they can get. They won't be showing you no quarter!!!  There is no misunderstanding on their side - they know what they are . They aren't worried about customer relations or public perception so no point looking for any understanding with this lot.

longtale_Parker

Castle said:

95Rollers said:

Is that the imperial War museum in Lambeth North, Kennington? Was there much signage?

I suspect it's the one in Manchester. 

Was Manchester (Salford actually - which is better!)

Issue date is 13/08/21

AoS was 01/09/2021

Castle

longtale_Parker said:

Castle said:

95Rollers said:

Is that the imperial War museum in Lambeth North, Kennington? Was there much signage?

I suspect it's the one in Manchester. 

Was Manchester (Salford actually - which is better!)

Issue date is 13/08/21

AoS was 01/09/2021

Your deadline for filing is therefore 15th September, (so Wednesday).

(I think the Salford border starts on the northern side of the Manchester Ship Canal).

KeithP

longtale_Parker said:

Castle said:

95Rollers said:

Is that the imperial War museum in Lambeth North, Kennington? Was there much signage?

I suspect it's the one in Manchester. 

Issue date is 13/08/21

AoS was 01/09/2021

With a Claim Issue Date of 13th August, and having filed an Acknowledgment of Service in a timely manner, then as @Castle says, you have until 4pm on Wednesday 15th September 2021 to file your Defence.

That's just two days away but plenty of time to produce a Defence.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.