Excel Parking and Debt Recovery - help

Snakes_Belly

 The car park is on Backcester Lane.

Snakes_Belly

"It became apparent that the machine was faulty on the 25/10/21 as the machine did not accept the payment and after the defendant checked their bank account the payment never cleared the account, it was also apparent that the keypad failed to record the full VRM during the payment process."

I have recently posted on stefano123's thread about the above issue.

I don't usually critique defences but I think that the above paragraph needs more development,  More drilling down to what is actually happening. You will find some useful information regarding this on stefano's thread. 

There seems to be several issues which are encountered by numerous motorists.

Firstly the VRN's are not being recorded properly and do not match the VRN's on the ANPR. It would seem as if the  pay meter is scrambling the VRN.

The machine appears to accept the payment but then the payment is declined but the message is sent an hour later.

I think that this is what happened to you and therefore I would not say that the machine did not accept payment. It did not accept payment but you were not initially aware. Make that very clear otherwise the Claimant's rep. will jump on that and ask why you did not use another form of payment.   

There are numerous examples of this happening to other motorists that you can use in your WS.

 
       

Coupon-mad

 and CCTV would be able to show them at the machine performing payment.

There is no CCTV. They don't film people.

Remove everything from the above sentence (inclusive) downwards (your draft words) and save all that for the witness statement stage.

Use the whole template defence, obviously.

Snakes_Belly

"I want to address another problem that has come to light - failed contactless card payments at the meters. There was either no indication of the failure, OR a phone message from the card issuer arrived on the card issuers app up to an hour later. Anyone who suffered this should not have had a PCN. It was the meter’s fault and the fact that you were not issued with a paper receipt there and then means you could not have known payment had failed.

I am reminded of a similar problem at St Marks car park in Chester. When the machines failed a receipt popped out saying VOID Transaction Receipt. Not instantly recognisable as a failed payment but at least these people had a chance to pay in some other way.

Once again these ticketless meters have let people down and Excel knows this!"

This is what I copied from the FB group page. I think that this is what happened to your payment.  You paid but you weren't aware that the payment had failed. No tickets are issued so you are not aware that the payment was void. Some people were getting messages an hour later and some not at all.   

You have a very good defence but don't leave any hooks for the Claimant to latch onto. 

Le_Kirk

^^^^ All good for the witness statement.

Snakes_Belly

I would keep an eye on the FB group page for developments. It will be interesting to see if anyone who has already paid a PCN will get a refund from Excel. They should because the equipment that they have installed in these car parks has been faulty and they must have been aware from the amount of PCN's issued.

D_P_Dance

Where a machine is faulty ad the PPC is claiming breach of contract always consider a complaint to Trading Standards.

Snakes_Belly

https://lichfieldlive.co.uk/2022/06/12/decision-by-shopping-centre-owner-to-end-contract-with-car-parking-company-welcomed-by-lichfield-mp/

Michael Fabricant's comments. 

This will be useful for the WS. Some judges think that there is not enough engagement with the Defendant and the Claimant to sort out the issues. 

Amanda Milling, Michael Fabricant and possibly others have tried to engage with Excel.

“This is seriously good news – I have never before had to deal with a company that has so little interest in engaging with genuine concerns of the customers it is meant to serve.

“Even when I have taken up miscarriages of justice with the company concerning constituents who have been served parking penalty notices by them because their machines were faulty, they have shown no interest in righting obvious wrongs.

“Good riddance to a company that damaged the good name of Lichfield by their unwillingness to engage with the community. Their lack of engagement is a testimony to how a company should not be run.

“I feel sorry for other towns who have to endure them.”

Michael Fabricant
 

Adam_

Snakes_Belly said:

https://lichfieldlive.co.uk/2022/06/12/decision-by-shopping-centre-owner-to-end-contract-with-car-parking-company-welcomed-by-lichfield-mp/

Michael Fabricant's comments. 

This will be useful for the WS. Some judges think that there is not enough engagement with the Defendant and the Claimant to sort out the issues. 

Amanda Milling, Michael Fabricant and possibly others have tried to engage with Excel.

“This is seriously good news – I have never before had to deal with a company that has so little interest in engaging with genuine concerns of the customers it is meant to serve.

“Even when I have taken up miscarriages of justice with the company concerning constituents who have been served parking penalty notices by them because their machines were faulty, they have shown no interest in righting obvious wrongs.

“Good riddance to a company that damaged the good name of Lichfield by their unwillingness to engage with the community. Their lack of engagement is a testimony to how a company should not be run.

“I feel sorry for other towns who have to endure them.”

Michael Fabricant
 

Ok i'm quite confused now, at what stage do I provide a witness statement, i was under the impression that the defence letter is supposed to include what happened as it states here;

"Explain briefly what business the driver had there & what went wrong?  

If you don't know because the Defendant didn't get any letters, say that instead.

Were signs obscured/unlit in darkness? 

Did a permit slip off the dash, or the keypad failed to record the full VRM?"

I'm now unsure of what I actually need to put in section 1, 2 and 3...

I was also told I should write in the 3rd person i.e. Defendant and Claimant and not me/my/I/them

Would really appreciate some help here as i'm a little stressed out with this

Le_Kirk

Have you submitted your defence yet?  What is the date for doing so?  The witness statement written in the first person is submitted after you have submitted your defence and it has been sent to the claimant and they have declared they are proceeding and you have completed a DQ and the case has been allocated to a local court, what stage are you at now?