Excel Parking and Debt Recovery - help

Not_A_Hope

You have addressed the main issue in your WS and hopefully a fair minded judge would agree and dismiss the claim. However you have not included any evidence to support the rest of the template defence. This could reference lack of signage, failing to comply with their ATA Code of Practice, abuse of process by including unfair costs. Have a read of your defence points and borrow /amend some of the WS from @aphex007 to address the additional points.

Adam_

Not_A_Hope said:

You have addressed the main issue in your WS and hopefully a fair minded judge would agree and dismiss the claim. However you have not included any evidence to support the rest of the template defence. This could reference lack of signage, failing to comply with their ATA Code of Practice, abuse of process by including unfair costs. Have a read of your defence points and borrow /amend some of the WS from @aphex007 to address the additional points.

Ah ok thank you!

I did see those points in there but if i'm honest it all seemed a little over my head and I didnt want to add in something I didnt fully understand but i'll have another read through tonight

1505grandad

A heads-up  -  make sure the claimant's name in the heading is as stated on claim form.

KeithP

...and why is the claimant's name in parentheses?

Mouse007

End of Point 6 "I wasn’t able to find the car park."

Have you missed a word or two out here? "in the app" perhaps to make it clearer.

Point 7, The sign specifically says receipts will not be issued ("pay meters are ticketless"), worth mentioning? all part of the trap me thinks.

Point 10, how do you know the machine failed to record your full VRN?

1505grandad

There appears to be different spellings of the location i.e:-

"3. I attended the Three Spires car park on (Backcester) Lane,..."

"Exhibit AE-01 - Entrance to (Backester) Lane car park."

Typo  -  "I believe that the facts (state) in this Witness Statement are true."

Snakes_Belly

As mentioned Backcester Lane entrance.

Snakes_Belly

Photo's of entrance to Backcester as mentioned.

Snakes_Belly

3. I attended the Three Spires car park on Backcester Lane, Lichfield on XXXXXX (according to the ANPR image) with the intention of spending time and money in the shopping centre. As it had been some time since I visited this car park due to the covid pandemic. I was unaware the car park was under new management having previously been operated by the council and that there were different terms and conditions and means of payment.  



4. At the time of the contravention the claimant had been operator of this car park less than 8 months and due to the abnormality of the typical order of things due to the pandemic, I would therefore contend that it makes it even more important to display appropriate and sufficient signage at the entrance to and around the car park.  The signage at the entrance was insufficient to form a contract. 


10. I was unaware that my payment had not been accepted or that  that the keypad failed to record the full VRN during the payment process. I left the car park assuming that my payment had been made and that I had complied with the terms and conditions

11. This is not an isolated incident and many other motorists have experienced similar problems with this car park and the car park opposite at Gresley Row also managed by the same operator. Even though there has been numerous similar issues at both car parks Excel Parking Services Limited have done nothing to investigate these issues but have continued to issue PCN's and aggressively chase motorists including very vulnerable people.  As no tickets were issued there was no proof of payment and many people just paid these PCN's when they started receiving threatening letters from debt collection agents.

12. I disputed this claim via email explaining I made all the best attempts to pay for a parking ticket and CCTV would be able to show me at the machine performing payment.  The claimant requested my card number to check their data, however, as stated above, it was apparent on my bank account the payment was never taken by the card issuer and I did not feel comfortable providing my card number to an aggressive ex- clamper now operating as a private car parking operator. The claimant denied my dispute and proceeded to send another Parking Charge Notice now demanding the sum of £100 for failure to pay for a parking ticket.

 13. There has been occurences where motorists using these two car parks have also been under the impression that they have paid but their card payments do not appear to have been captured by the system. I am adamant that I paid the correct parking tariff but received no ticket to evidence that I have paid. (refer to the image stating that no tickets are issued).  I also cite Jolley v Carmel Ltd [2000] 2 –EGLR -154, it was held that a party who makes reasonable endeavours to comply with contractual terms should not be penalised when unable to fully comply with those terms.  I believe that I made reasonable endeavours to comply with the claimaints terms and conditions.

13. I continued to refuse to accept liability as I don’t believe I was in the wrong but continued to receive a Letter Before Claim demanding the sum of £170.  Following this letter I again received further letters, from ELMS Legal under instruction from Excel Parking Ltd. to recover outstanding debt of £170 and again from Excel Parking Ltd. demanding the sum of £230. (At this point  you could mention that the the current state of play with the new Code of Practice with regard to debt collection charges). (You need to check this out as I am unsure of the approach at present regarding fake add on's) 


16. 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. The solar power is backed up by a battery, however the solar power in the UK does not provide sufficient energy and the power of the machine drains the battery. This has proved to be a problem with this type of parking meter even in places like San Francisco. 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. As no tickets are issued there is no proof of payment.

Since Excel's contract has been terminated a new operator has taken over and  similar issues are occuring which would indicate that there are some problems with the supply of power to the parking meters. They may have been sited where there was inadequate sunlight.  

Snakes_Belly

Jolley V Carmel.  Jurisdiction	England & Wales
Court	Court of Appeal (Civil Division)
Judge	LORD JUSTICE CHADWICK
Judgment Date	10 July 2000
Judgment citation (vLex)	[2000] EWCA Civ J0710-10
Docket Number	A3/2000/2329
Date	10 July 2000