Jump to content


  • Tweets

  • Posts

    • OK thanks for that.   I have no prior correspondence with EXCEL and therefore have not admitted being the driver. As it happens, I wasn't.   They have not responded to my initial request for documents and therefore I have no details on planning permission. I guess I'll assume and assert that they haven't in the absence of them providing proof to the contrary.   Meanwhile, I've had a letter from EXCEL offering a reduced payment. I will attach this.   I'm wondering whether I should ignore the letter or respond. I will not accept the offer.   
    • Thanks for all responses I’ve been looking at other threads and now feel totally confused as I’m scared of actually having to go to court as I have no idea how to defend this! Torn between just setting up a payment plan and not wanting them to win! 
    • Thanks so much!    1. on planning permission my WS says: The signs did not have planning permission under the Town and County planning.  I have an email stating there was no planning permission from the council. The signs do not fall under deemed consent.  * Their WS says they do not need planning permission by being an approved operator of the trade association, and it is not for the  county court to determine planning permission.   2. Excel are trying to say I’m dishonest.  Their WS states my defence appears to be cut and pasted from websites relating to parking whose aim is to assist motorists on contesting PCN's. Large portions are non sensical and irrelevant to the claim   This is Unacceptable as the defendant has signed a statement of truth whilst clearly not being the defendants knowledge    Q Any comments?      Their WS states that I alleged I received no correspondence, and the onus is on the driver to update DVLA. I did update DVLA, but I moved numerous times due to domestic abuse. This was in my set aside and part of why it was granted. Evidence was provided at that time. Q Is this going to come up again?    *Also they question how I would be able to comment on the signs if I’m not the driver of the vehicle, as she would not have first hand knowledge, therefore it is the claimants position that she is being disingenuous.    I state that photos will be provided in my bundle. I actually haven’t submitted any but I do also know somebody who had PCN from the same carpark,   He gave me all his evidence etc, Mr Booth and he won his case. I linked to the parking pranksters article on it.  Q So is it ok to use such websites and to use photos from someone else?    Thanks    I put Excel to strict proof that any contract can exist  *Their WS states it falls foul of the unfair terms in consumer contracts regulations 1999(UTCCR 1999). Claims the regulations don't apply   This is the link to Mr Booth case who won on the signage  Also the PCN is completely blurred and illegible in their WS evidence  Is this another point?    I have his his email regarding planning consent, Mr Booth had an email from the town planning officer stating that in his opinion the signage would require planning consent     http://parking-prankster.blogspot.com/2017/01/excel-parking-v-booth.html?m=1   He had a number of lines of defence, but focussed on the poor signage in the car park. Excel Parking used BW Legal who hired a local solicitor to turn up. She wasn't that well prepared and had not bothered to bring printed copies of the case. When the Judge asked her to refer to defence photographs provided of poor signage she used her phone. Mr Booth admitted that he never bought a ticket - but this was because he never saw the signage signage in the first place and so no contract was entered into. Excel provided pictures of the signage, date stamped for August 2015, but the event was in March 2015. They also provided at the last minute a witness statement from the landowner stating he gave authority, date stamped September 2015. The PCN they sent in their Witness statement was a photocopy and completely blurred and illegible. Mr Booth's arguments were that; 1. Poor signage - there were "staff only" parking signs on the building wall next to where he parked - he questioned the claimant's right to sue someone parked against these bays 2. He questioned their authority to act on behalf of the landlord 3. He questioned whether the signage had planning consent. The Judge followed this through with Excel's representative: "Did they have a contract which said these bays were exempt or not exempt from Excel issuing tickets on the vehicles parked? As Excel had not bothered to supply a copy of the actual contract, the solicitor could not confirm either way. Regarding. planning consent, Mr Booth had an email from the town planning officer stating that in his opinion the signage would require planning consent, and that there was no planning application on file. The judge said if Mr Booth had only brought this point up he may have found differently. The judge clearly had doubts about the signs where any reasonable person would think the same and that the "staff only" signs would not lead them to think there was a requirement to buy a ticket. He took a recess for 10 mins then made his judgment. Claim refused - the parking signs cause confusion , and there was prof there was a contract which allowed the charges claimed. He went on to state that he was staggered that serial claims companies like Excel do not take a photo of the signs at the time of erection. Why do they wait until litigation to take photos. There was no evidence that the signs were there at all on the date.    
    • Not anymore now that the right have manipulated voters into voting for a conservative dictatorship.   All of what you've said is just another worrying aspect of what the future holds 
    • Just like all the rubbish spouted over the past 4 years, would, would, would.  What you really mean is COULD.    
  • Our picks

cavvy

parking ticket any grounds for appeal?

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3501 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

hi all

 

my wife received a parking ticket today in the local station car park for parking just outside one of the marked bays,she says she was literally just over the line and the car park section she was in was virtually empty!

 

i was just wondering if we have any grounds to appeal or not,the ticket is headed as being issued by the local borough but it also states that it is issued by another company on their behalf

 

any help or advice most appreciated

 

thanks

Share this post


Link to post
Share on other sites
hi all

 

my wife received a parking ticket today in the local station car park for parking just outside one of the marked bays,she says she was literally just over the line and the car park section she was in was virtually empty!

 

i was just wondering if we have any grounds to appeal or not,the ticket is headed as being issued by the local borough but it also states that it is issued by another company on their behalf

 

any help or advice most appreciated

 

thanks

 

Check the signage in the car park it should explicitly state that you will get a penalty for parking over the bay markings, if it doesn't that is grounds for appeal.

Share this post


Link to post
Share on other sites

Council or PPC ? no appeal with a PPC.

Share this post


Link to post
Share on other sites
Council or PPC ? no appeal with a PPC.

'issued by borough council ' would tend to indicate its a Council PCN.

Share this post


Link to post
Share on other sites

hi all

thanks for responses so far

 

i will check signage when i get a chance

 

ticket was issued by the local borough but i noticed on the back in small print it said issued by apcoa? on behalf of the borough

 

im a little bit peeved because my wife says she was only just out of bay and she had to leave some gap as she had her disabled father with her and they were using his blue badge,so was tempted to appeal anyway to see if they had a photo or not,and we could argue there were lots of spaces vacant all around her vehicle

 

thanks again for any advice

Share this post


Link to post
Share on other sites

all parking attendents take photos ppc,s take them to look legit,traffic wardens as proof.

 

check ticket and see if it has member of british parking ass on it, then give local council a call and find out if they are working on their behalf,if yes then you can appeal with a chance of success if their in a good mood,if no and ppc is working on their own greedy morals then ignore all letters sent to you.

 

but please make sure you find out first by the council as then you can follow the correct proceder (cant spell that but sure you know what i mean)and the best of luck

 

billybob

Edited by billy bob66
bad spelling yet again

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...