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Excel parking faulty machines

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  • Coupon-mad
    Coupon-mad Posts: 161,478 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Just to feedback - did the hearing which went very well. The Judge seemed very nice. It was a much bigger room than I was expecting but my husband was allowed to sit in at the back. The Judge said my evidence was more compelling and specific than Excel's.  The Excel solicitor tried to say the machines (plural) were working - there were two of them - but couldn't account for why data from the subject access request only provided ticket sales from one machine when asked to explain. The Excel solicitor was allowed to question me. He kept asking in different ways why I hadn't paid with the app if I though the machine wasn't working, I replied by saying 'are you suggesting I should have paid twice?'. The Judge then said she was dismissing the claim on the basis that the machines were faulty. It took about 40 minutes. None of the other legal arguments I'd prepared were needed. I had a long list of costs I was claiming including post office receipts, petrol, parking, lots of earnings. The Excel solicitor objected saying they were unreasonable particularly the amount of loss of earnings and the £50 post office receipts but the judge disagreed with him and awarded them all. I'm very grateful for all the advice and assistance I've received on this forum - I wouldn't have had a clue what to do otherwise - Thank you all.
    Yay, well done!  Full costs too.

    ANOTHER EXCEL ONE BITES THE DUST!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Thanks.
    It was Manchester County and Family Court.
    Can't remember the judges name - I'll check and get back to you
  • My two main defence points were: 1/ pay machine not working, shown to be the case by Excel’s own data and photographic evidence I took, which not only were Excel aware of but was probably intentional, and 2/ complete obstruction  confusion on Excel’s part to allow any communication about this on the phone or by letter, and the on-line appeals process was not operational – I took a video.
    Can anyone advise if it is worth me exploring a counter claim for getting my data from the DVLA please?
    thanks


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