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Manchester Court 1 Excel Parking Services 0

This has also been reported in the Mirror, Sun and even the The Times.
https://www.dailymail.co.uk/news/article-9983667/Woman-wins-five-year-legal-battle-250-parking-fine.html

The Judge decided that Mrs Edwards intended to pay once they fixed their broken machine, (shows the importance of reporting faulty machines perhaps).

Comments

  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    No mention of compensation, I hope that it was generous.
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 43,774 Forumite
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    Mrs Edwards, who is married to Jonathan, 56, added: ‘My husband is a lawyer but this isn’t his field. I did all the work myself. I bought a big folder and kept all the documents and correspondence. I didn’t want to hire anyone as it would have racked up a silly amount.
    Sums up exactly what we say here.

    A spokesman for Excel Parking Services, which ran the car park in Bury New Road, claimed: ‘There had been a clear breach of the terms and conditions of parking as no pay and display ticket had been purchased.

    ‘However... the judge decided the call made by Mrs Edwards to our helpline represented an intention to pay once the machine had been repaired.’

    Now, there's an admission.  So in future they won't issue PCNs to anyone phoning to report a ticket machine not working. Hmmm! 🤔 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
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    edited 14 September 2021 at 11:03AM
    Of course they will, and poeple will pay.  
    You never know how far you can go until you go too far.
  • 95Rollers
    95Rollers Posts: 820 Forumite
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    edited 14 September 2021 at 11:01AM

    A spokesman for Excel Parking Services, which ran the car park in Bury New Road, claimed: ‘There had been a clear breach of the terms and conditions of parking as no pay and display ticket had been purchased.

    ‘However... the judge decided the call made by Mrs Edwards to our helpline represented an intention to pay once the machine had been repaired.’

    YET they still decided to run her through the mill for 5 years (even though she paid them £1 by cheque thus mitigating any inferred loss)! Absolutely disgraceful company.  Why else would she ring up the helpline?!?!  These guys need to be banned from bombarding the UK small court systems with their spurious wasteful claims!
  • Umkomaas
    Umkomaas Posts: 43,774 Forumite
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    Excel were on a loser taking a case to the Manchester Court. They really should get better at recognising a lost cause!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • 95Rollers
    95Rollers Posts: 820 Forumite
    Fourth Anniversary 500 Posts Photogenic Name Dropper
    edited 14 September 2021 at 11:21AM
    Umkomaas said:
    Excel were on a loser taking a case to the Manchester Court. They really should get better at recognising a lost cause!
    They just can't help themselves - they keep on pushing to the 11th hour in case the victim gets a case of last minute jitters and pays their exorbitant trumped up fees!  As some said above the majority of people do sadly pay them so running spurious cases to court and losing is a small offset against the payers or default-CCJ "wins".  They do really need to be banned and this tosh needs to be disposed of much earlier. It also has a knock on effect for normal people using the court to claw back legitimate debt from dodgy builders/ soured business deals/ other rogue traders etc.  

    The piece in The Sun had a little bit more info:

    I've just read the Sun's piece on this and there is a bit more info than the Mail.
    https://www.thescottishsun.co.uk/news/7694776/artist-wins-battle-parking-ticket-broken-machine/

    It reads:

    'UNUSUAL CASE'

    A spokesman for Excel Parking Services Ltd said: "This was an unusual case in that there had been a clear breach of the terms and conditions of parking as no pay and display ticket had been purchased for the period of parking.

    "However, in light of the circumstances of the case, the judge decided that the call made by Ms Edwards to our Helpline represented, on this occasion, an intention to pay once the machine had been repaired.

    "Our call handler should have either given Ms Edwards' a formal exemption from paying for parking or, advised her to find an alternative parking location."


    **** Speaks volumes doesn't it!!! Closest she'll ever get to a formal apology from these rats *****

  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I would consider taking  them to court for harassment.  
    You never know how far you can go until you go too far.
  • I hope she does. It was totally unproportionate, unnecessary and aggressive!  Somebody did sue them for Harassment. I can't find a link to the article - but they tried to fob him off with a gagging order from memory.

    Here is what some employees/ ex-employees think of them - disgusting company all accounts

    https://uk.indeed.com/cmp/Excel-Parking-Services-Ltd/reviews
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Strange how jb111 has not commented on the case or loss on here !!  🤔🤔😭😭😭

    We tend to get him crowing about the odd success , but never eating crow !!  😋😋😋
  • Coupon-mad
    Coupon-mad Posts: 155,700 Forumite
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    edited 14 September 2021 at 1:15PM
    Firms like this as are really going to have to clean up their act in 2022 and stop aggressively pursuing people when their own rusty old machines are at fault.

    Only in this Country could an innocent driver be pursued for such an ‘outrageous scam’ (Hansard 2.2.18).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
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