Feethams Leisure Car Park - Darlington

Sinkymse

Hi,

I'm looking for some advice. I received a parking charge notice back in March from Excel Parking Ltd - I contested this with them and then with the IAS as the reason for the charge was due to not parking within 5 minutes of entering the car park. It took me 20 minutes due to a broken machine, poor app and service which took time to download, sign up, pay etc. and was recovering from an mcl injury that I suffered just two weeks before making me less mobile. I entered the car park at 18:05 and paid for 6 hours of parking at 18:25. I exited the car park at 23:33. I currently have a mediation call with Excel Parking on 18/10/2024. Do I seek mediation or will I be able to win this in court? I really don't feel like I should be liable to pay since I correctly paid for the time I was in the car park. I have attached my redacted N180 form that I filed with the court and sent to the claimant.

DE_612183

What is the exact nature / description of the parking charge notice?
Have you appealed to the landowner and asked them to cancel the charge for you?

Sinkymse

DE_612183 said:

What is the exact nature / description of the parking charge notice?
Have you appealed to the landowner and asked them to cancel the charge for you?

The reason for the charge was due to me not paying within their grace period (5 minutes) since it took me 20 minutes to pay. The car park is just under a bunch of shops such as Nando's, a Vue cinema, premier inn, Bella Italia etc. I have spoken to the local MP in the area who shared my concerns and has invited Excel Parking to parliament to discuss, in her words, their 'absolutely appalling' fines.

GrumpyDil

DE_612183 said:

Have you appealed to the landowner and asked them to cancel the charge for you?

I think that ship has sailed as that letter above gets issued after a claim has been commenced.

OP normal advice is to refuse mediation as you want the claimant to cancel the claim and the claimant wants as much money as they can squeeze out of you. 

I'd suggest posting your defence, removing any personal or identifying details, so the regulars can comment. 

Coupon-mad

Do NOT offer money at Mediation. Repeat: do not!  Don't be misled by the Mediator. They aren't legally trained. Your case is strong.

You must attend because the call is now compulsory but give it about two minutes; certainly no more than five mins and make it clear to the Mediator that the charge is a typical private parking scam and no money is owed.

These parking cases are not suitable for mediation. PLEASE tell the Mediator that and then end the call. You'll see Excel in court.

Now please show us:

- the claim form (cover your data, the QR Code, your VRM, the Claim number and MCOL password) and

- your defence you put in. Verbatim please.

Sinkymse

GrumpyDil said:

DE_612183 said:

Have you appealed to the landowner and asked them to cancel the charge for you?

I think that ship has sailed as that letter above gets issued after a claim has been commenced.

OP normal advice is to refuse mediation as you want the claimant to cancel the claim and the claimant wants as much money as they can squeeze out of you. 

I'd suggest posting your defence, removing any personal or identifying details, so the regulars can comment. 

This is small claims court mediation so I think I would need to attend or the judge could just rule in their favour? I haven't made a defence yet to the court, just what I have attached to the initial post.

Coupon-mad

You certainly have defended. It was whatever you put in when you got the Claim Form.

Please show us the two things I asked for.

Sinkymse

Coupon-mad said:

Do NOT offer money at Mediation. Repeat: do not!  Don't be misled by the Mediator. They aren't legally trained. Your case is strong.

You must attend because the call is now compulsory but give it about two minutes; certainly no more than five mins and make it clear to the Mediator that the charge is a typical private parking scam and no money is owed.

These parking cases are not suitable for mediation. PLEASE tell the Mediator that and then end the call. You'll see Excel in court.

Now please show us:

- the claim form (cover your data, the QR Code, your VRM, the Claim number and MCOL password) and

- your defence you put in. Verbatim please.

Okay so attend mediation but don't agree to anything, let the mediator know that I don't want to settle?

I will attach the claim form tonight when I am back from work. In regards to defence, what does this mean? I have completed the form attached but not sent anything else off to the court yet as I have not received any notice to do so? I would have thought that the defence would come after a failed mediation call?

GrumpyDil

Hm, I think mediation is offered only after a defence had been entered because prior to that you could settle and hence not need mediation.

As regards that I suspect you have entered a defence but possibly through the online portal which limits your words to far to few words to be useful. 

Hopefully you will have spotted CM's post as well. 

Sinkymse

Coupon-mad said:

You certainly have defended. It was whatever you put in when you got the Claim Form.

Please show us the two things I asked for.

Defence attached. Will send the claim form tonight.

Coupon-mad

Nice defence.  That is a strong case that a Judge will like.  Very reasonable from you and the Claimant clearly is trying it on and has no cause of action.

Be firm at Mediation stage. No offer: end the call "good day". Phone down!

Let's see the Claim Form when you can, as we need to know if this was filed by Elms Legal or by DCB Legal(?) and we will need to help you at Witness Statement stage before the 2025 hearing.