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

Coupon-mad

NCP are apparently 'managing' the Imperial War Museum parking now with ANPR cameras that are a whole hour out with each other (or were, going by evidence seen on pepipoo from Autumn 2021).

Refunds may be due but sadly not from Excel's efforts.  Refunds from NCP.

The BPA are investigating, after I tipped them off to the issue, having seen reports on pepipoo of NCP actually rejecting an appeal about it, two weeks after accepting someone else's evidence that the cameras were faulty.

Snakes_Belly

longtale_Parker said:

Thanks again!
I believe that Excel have now lost the contract at the museum and I think NCP are managing it now.

I will also complain to the ICO regarding the failure to comply with SAR

The image that I posted in my recent post is from 2015 and there is not much in the way of signage at the entry to the car park.

In the past I have had a run in with a company that is part of the same set up. They will cite a case in their WS to support the point that the contract is formed at the entry to the car park. That by entering the car park you are entering into a contract with the PPC. Well not in the image below. 

 https://www.google.com/maps/@53.4694911,-2.3004365,3a,90y,19.87h,84.87t/data=!3m6!1e1!3m4!1s9yfKgRQyqx7zPPcpxrptqQ!2e0!7i13312!8i6656

The case is Thornton v Shoe Lane and it will be very easy to defend based on the image above as will the other cases that they cite because they take them totally out of context. This company is not difficult to defend if you put in the work and understand the legal points.

We have seen some of these historic cases fold at the last minute as they are a try on. At the start of the pandemic their business slowed down as people were working from home. They are also active at airports, railway stations and shopping centres which were all affected by the pandemic. This is when they started digging up these old cases that they must have thought had no merit in the first place. They chased me much more quickly that this. 

This is nearly statute barred but not quite. You can also question why they have left this so long if the claim had merit. They are within their legal rights to pursue this claim however they are a litigious company who know the score so why leave it so long if it had any merit?

longtale_Parker

Thank you all again - this is all most helpful

Snakes_Belly

When and if they send back the SAR it will be interesting to see their signage on entry to the car park .

Umkomaas

Snakes_Belly said:

When and if they send back the SAR it will be interesting to see their signage on entry to the car park .

Unlikely to receive signage photos via a SAR (personal data only). But should be part of their evidence pack with their Witness Statement. 

Snakes_Belly

https://www.google.com/maps/@53.4694785,-2.3006265,3a,75y,26.63h,84.06t/data=!3m7!1e1!3m5!1sNhmS6fjDq1rJoeKrhbPJ2Q!2e0!5s20160401T000000!7i13312!8i6656

I think that the sign by the stop marking is the PPC's sign but it does not look like an Excel sign more like VCS. Is this definitely the car park where the alleged trangression took place? I can't get close enough to the sign to see who the PPC is. The only red Excel sign that I have seen before is Iceland. They are usually blue.

Snakes_Belly

Contents of the particulars of claim

16.4

(1) Particulars of claim must include –

(a) a concise statement of the facts on which the claimant relies.

No particulars of claim and no response to requests for SAR. They are winging it.

You will probably get an offer saying that they have a good case against you. They are so predictable.  

Snakes_Belly

Although VCS and Excel are owned by the same company they are separate legal entities. 

Snakes_Belly

The sign is Excel but very small for someone driving in to read. It's also on the passenger side. Looks like there is 15 minutes to park. I don't think that a contract could be formed by that sign. You would also have to enter the car park before you would see the sign. You would have to get out of the car to read that sign and then hold up the traffic entering the car park from what looks like a main road,
   

D_P_Dance

I would say that sign may well constitute an unfair consumer contract under the CRA 2015, how high off the ground is the start of it?, read this

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading/p1