Excel Parking and Debt Recovery - help

Adam_

Snakes_Belly said:

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper AND driver of the vehicle in question.

3. The Defendant parked at Three Spires Car Park, Backester Lane, Lichfield on the 25/10/21 with the intention of visiting the shopping centre.

The defendant denies not paying for parking at Three Spires Car Park on Backcester Lane, Lichfield on 25/10/21.

The Defendant paid the parking tariff for parking but was unaware that the payment had not been accepted by the machine as no tickets are issued in this car park.  

The Defendant input the correct VRN into the keypad however this has failed to register correctly. The Defendant puts the Claimant under strict proof to provide a list of all the VRN's recorded by that machine on that day.   

This is not an isolated incident. Many other motorists have received PCN's as a result of  very similar transgressions at this car park. Several MP's have now become involved and the contract with Excel Parking Services Limited has been terminated.  

The Defendant has made best endeavours to comply with contractual terms and believed that they had complied.  

It is believed that these meters are solar powered and work on a 3g or 4g network. Depending on signal or battery strength depends how good or bad they work. It is likely that this is the cause of the machine failure which has caused many motorists in Lichfield to receive a PCN and in some cases several PCN's. The Defendant puts the Claimant on strict proof to provide evidence of the strength of the signal at the time and day of the transgression.

I take it that this is just part of your defence. I want to check out about the solar power and network first but obviously there is something wrong.    

 

Thank you for rewriting that

So thats all the information I was going to include in my defence but there is also the rest of the template that will be included.

I’m under the impression that these sections are the only ones that need editing but i can send the full template over if you think its best?

Snakes_Belly

If that is what you wanted editing then that's fine. So you are using the template for the rest of the defence? Make sure that it's numbered,

Snakes_Belly

There is quite a bit of material for the WS. The comments from Michael Fabricant are quite powerful.

They might back off with everything that had gone on however this company has a skin like Rhinoceros hind

Snakes_Belly

"It is believed that these meters are solar powered and work on a 3g or 4g network. Depending on signal or battery strength depends how good or bad they work. It is likely that this is the cause of the machine failure which has caused many motorists in Lichfield to receive a PCN and in some cases several PCN's. The Defendant puts the Claimant on strict proof to provide evidence of the strength and reliability of the signal at the time and day of the transgression."

I have added reliability to line 5 

Adam_

Snakes_Belly said:

If that is what you wanted editing then that's fine. So you are using the template for the rest of the defence? Make sure that it's numbered,

Honestly cant thank you enough for doing that and saving my stress levels! I’ve numbered the paragraphs 3.1, 3.2, 3.3 etc.

So that defence would be ready to send?

in regards to the WS i’m writing that out 1st person as a statement of events essentially. I’ve included the quotes and i’ll somehow be attaching the letter from Amanda Milling along with the link to the petition as well

Snakes_Belly

The WS is support and evidence to what you have said in the defence. 

I just want to find a bit more about those machines and to try to drill down to what is actually happening to cause all these issues.

Some drivers have had their payment declined/voided one hour after they made payment. That sounds like there is some kind of intermittent signal problem.  As there are no tickets issued there is no evidence that the payment was not made so the driver could make an alternative payment or find another car park. 

Excel's reason for not issuing tickets is that it is better for the environment and yet they can issue and eighty page witness statement and send out rain forests of debt collection letters. It would be better for the planet if they were not on it. 

Coupon-mad

Some drivers have had their payment declined/voided one hour after they made payment. 

Seen this before, in a case about NCP machines by @Foxtails.

Took a complaint off-forum to the BPA and evidence from the victim's bank to cancel it.  The bank was able to see that payments were 'made' but on their initial check they couldn’t see any attempt to 'take' the payments for any of the 10 dates in that case.

i.e. The trader didn't take the offered money! Could be the same here. Your bank should be able to see the transactions and what stopped them.

Adam_

Coupon-mad said:

Some drivers have had their payment declined/voided one hour after they made payment. 

Seen this before, in a case about NCP machines by @Foxtails.

Took a complaint off-forum to the BPA and evidence from the victim's bank to cancel it.  The bank was able to see that payments were 'made' but on their initial check they couldn’t see any attempt to 'take' the payments for any of the 10 dates in that case.

i.e. The trader didn't take the offered money! Could be the same here. Your bank should be able to see the transactions and what stopped them.

Ah ok, I didn't know that, I'll contact the bank see if they can see anything

Snakes_Belly

Do you remember getting a message to say that the transaction was void/declined? This could have been an hour after you paid by card.

Snakes_Belly

https://www.electronicsweekly.com/made-by-monkeys/electricalelectronics/shady-installation-of-a-solarp-1-2007-09/

I think that the meters in the two Lichfield car parks are solar powered. I will tweek that last paragraph somewhat before you send it off.