Excel Parking LBC following PCN after 14 days

Coupon-mad

You can get them by sending Elms a SAR for them.

westcoast888

Coupon-mad said:

You can get them by sending Elms a SAR for them.

I retained all the correspondence, just interesting that its not in the bundle. I guess they dont want the court to see them? and why would excel stop using them? 

westcoast888

Fruitcake said:

Upload their WS to Dropbox or similar (make sure it doesn't need a password or any other impediments for us to access) and post the link here.

Redact personal data but leave everything else including information that is already in the public domain.

signing up to dropbox now

Coupon-mad

Excel always part company at this point in the game.  Elms only do the pre-action threats and they file court claims, hoovering up money for Excel from most people and causing CCJs.  Money for old rope.

Excel then take over the odd defended case like yours.

Excel do not hold any Elms letters.

westcoast888

https://www.dropbox.com/s/w9kngx6tq5u6g4q/Excels defence 25 poor location of signs.PDF?dl=0

westcoast888

westcoast888 said:

https://www.dropbox.com/s/w9kngx6tq5u6g4q/Excels defence 25 poor location of signs.PDF?dl=0

top photo shows van parked in front of P&D machine totally obscuring it. No wonder i didnt see it! bottom photo shows the entrance signs, again not the best and easily not spotted when entrering from a busy road. I will travel to the car park and take some better photos to show in better detail

westcoast888

Excels witness statement.

https://www.dropbox.com/sh/xtc8cilrbt7alw3/AADxwUcqEc2pXwSCJv4c9soda?dl=0

Maybe if you could please have a look over it and suggest the best way to compile a WS before i actually start and make a balls up of it!!

westcoast888

Meanwhile I will read up on some previous WS's posted to the forum. As always very grateful for the help, many thanks

Fruitcake

I've only had a quick look, and having individual pdfs makes it hard work rather than combining the whole of their WS into one pdf, however,

Some of the contract pages appear to be missing, some are unnumbered, and there is no name, signature, and date on the contract from Excel. Normally they are signed by Simon himself. Have you missed anything out or is the WS exactly as you received it.
The site plans have no (contract) page numbers.

The only signs bar one that are readable are stock images held on a computer file. The images of signs that purport to form a contract with the motorist that were taken by the parking operative at the time of the alleged event are blurred and unreadable. There can be no consideration if the offer (Ts and Cs on the signs) is unreadable, therefore there can be no acceptance and therefore no contract can be formed.

Were you driving and has this been admitted in your defence? The landowner contract refers to users of the site, in other words the driver(s). If you were not driving then the landowner contract cannot apply to you.
If you were driving then it is irrelevant.

The landowner is registered as a Mutual Society, and Missus William's signature on the society's accounts matches that on the landowner contract as well. Her handwriting matches the hand written characters (date and initials) that changed the date, and she was a director before and after the date of the alleged event. 

From that I deduce that the contract start date was the 1st of October (2018), and that the date change is genuine, so sadly is of no value to you.

Consequently you need to concentrate on the other points, the main ones being the unreadable signage so you need to put the claimant to strict proof that the contrary is true.
You are also helped by the claimant's own evidence showing that the driver could not have seen the signs because there was a van in the way

westcoast888

Fruitcake said:

I've only had a quick look, and having individual pdfs makes it hard work rather than combining the whole of their WS into one pdf, however,

Some of the contract pages appear to be missing, some are unnumbered, and there is no name, signature, and date on the contract from Excel. Normally they are signed by Simon himself. Have you missed anything out or is the WS exactly as you received it.
The site plans have no (contract) page numbers.

The only signs bar one that are readable are stock images held on a computer file. The images of signs that purport to form a contract with the motorist that were taken by the parking operative at the time of the alleged event are blurred and unreadable. There can be no consideration if the offer (Ts and Cs on the signs) is unreadable, therefore there can be no acceptance and therefore no contract can be formed.

Were you driving and has this been admitted in your defence? The landowner contract refers to users of the site, in other words the driver(s). If you were not driving then the landowner contract cannot apply to you.
If you were driving then it is irrelevant.

The landowner is registered as a Mutual Society, and Missus William's signature on the society's accounts matches that on the landowner contract as well. Her handwriting matches the hand written characters (date and initials) that changed the date, and she was a director before and after the date of the alleged event. 

From that I deduce that the contract start date was the 1st of October (2018), and that the date change is genuine, so sadly is of no value to you.

Consequently you need to concentrate on the other points, the main ones being the unreadable signage so you need to put the claimant to strict proof that the contrary is true.
You are also helped by the claimant's own evidence showing that the driver could not have seen the signs because there was a van in the way

Many thanks for taking the time to read their WS I must apologise for the format, I had only been introduced to Dropbox yesterday. I scanned each page in turn so I’m pretty sure it’s how I received. I did think that the contract was missing some detail. As for the date, as my alleged incident was on the 2/10/21 exactly 1 day after the 36 month contract is up. Is this important at all? 

I was the driver and it is admitted in my defence as per advice given on this forum. 

I guess I need to travel to the site pretty soon to take some photos and maybe measurements of the font size?

incidentally, the images of my vehicle are very very poor and from what I can see do not show the vehicle parked. You can only really make out the VRM and the basic outline of the vehicle. Is this of any merit? I can post the images but was unsure if that was a good idea or not?