Win today against Excel at Manchester County Court! :-)

pepsi_maxxx

Hello!

I haven't posted on here before but have followed the amazing advice closely ever since my appeal was rejected by Excel back in December. Today I had my hearing and I'm happy to report that another one bites the dust! It's also my birthday haha - best birthday present ever to have this put behind me.

The hearing took about an hour, but I felt quite confident from near the start that the judge (District Judge Hatzer) was going to decide in my favour.
I did my best to prepare, but was very nervous and definitely didn't put my argument across in the way that I'd hoped, but the judge was very patient and understanding - I just wanted to put that in there for anybody who reads this with a court date coming up and is as nervous as I was. It was much less formal than I'd thought and more like a conversation in my experience at least.

Excel sent an agency solicitor who didn't know much about the case and had hardly worked on parking cases before which was a relief to me, as I'd been preparing for a nasty exchange with some sleazy criminal from Excel. She was actually super friendly, didn't try to intimidate me into settling, and admitted she understood and agreed with some of the points made.

My defence was heavily based on the fantastic points made in various templates on this forum (the judge even asked whether I'm a law student - ha! I'm an artist)
In the hearing, the judge mainly focused on the specific facts of the case though rather than the various Codes and Acts. (The facts to any interested were mainly that I had paid for parking, but for a car park with an almost identical name to the one I was at, also operated by Excel, and that the map on the Connect Cashless online payment website had both of these car parks marked at incorrect locations, making it unclear which car park was which)

Excel tried to say as usual that they are not responsible for their third-party software, but the judge put it to them that neither is the Defendant haha.

I didn't get any of my costs which was my own fault as I failed to properly prepare for a win - I had put my proposed costs in the WS and defence but didn't prepare to ask for them in person and got stumped. Oh well - still a loss for them.

I will put here that this was about a car park on Providence Street in Wakefield, just in case somebody else in the same situation with Excel searches and finds this thread, please get in touch as I've now got a plethora of knowledge about those 2 car parks that is suddenly useless to me so I'd be happy to help answer any questions.

Thank you to everybody who is so dedicated to this forum and works so hard to bring these nasties down!!!

Fruitcake

Well done, and thanks for letting us know.

What a birthday present for you as well!

Jenni_D

This just goes to show that people CAN do this by themselves without needing their hands held - they just need to take their time, read and understand the info that's here, and make sure they meet their deadlines. i.e. the 6 Ps  

Coupon-mad

Nice first post, welcome!

CONGRATULATIONS! Another one bites the dust!

Now you've won this battle, please don't disappear just yet. A final Public Consultation is coming.

We need you; motorists need you to help us make a difference forever.  What a waste of your time this was, and why should there be such a litigation culture in parking?   It's truly horrible being pursued for £100 for no reason, by an ex-clamper aggressive firm, isn't it? 

Join us in trying to end the conniving PPC and DRA 'added fees' fuelling the court culture. 

There will be one window of opportunity later this year.  My best guess is in October.

Together, we can stop the rotten parking industry from riding roughshod over the new statutory Code and the charge level caps, and otherwise bullying all motorists forever, using the regulation to gain kudos and status.

If you are not likely to pop back here every week to check, please set up email alerts for this forum and bookmark this thread (below) as we intend that one of us posts on it when the Government opens the Consultation:

https://forums.moneysavingexpert.com/discussion/6333989/mse-parking-ticket-appeals-guide-feedback#latest

Read the latest posts there.

The PPC money-grabbers have blocked the new Code by filing for Judicial Reviews.  Stopped the declared and much welcomed parking code from February 2022, which stated that added £70 false 'DRA fee' extortion was to be banned and that parking levels would start at £50.

It's on hold. Motorists urgently need it reinstated and the ban on false 'DRA fees' confirmed, to stop the rot.

This year will be your chance to make a difference, plus any other drivers you know (family, friends) who are also fed up to the back teeth with the greedy and unscrupulous parking industry and the stranglehold they have on people.

We need high numbers of real victims to make a point of responding to this final Consultation.

Umkomaas

Excel tried to say as usual that they are not responsible for their third-party software, but the judge put it to them that neither is the Defendant haha.

Great put-down/showstopper. Well done on your win and even more on doing it on your own without direct assistance from regulars. Impressive. 

patient_dream

Well done, the courts are well aware of Excel/VCS

DO WE ACTUALLY NEED A NEW CODE OF PRACTICE when these bods commit suicide all by themselves

Of course we do and the new code will damage them more than they do themselves