Excel PCN Claimform - Broomhill roof car park in Sheffield. ***Claim Dismissed***

[Tigernut]

Just heard today that the court has thrown out a claim against my wife, for not putting our registration number in properly.

 

The company involved have postured for over a year over this, which suggests that they rely on fear, or just wearing you down.

 

It's a numbers game and they don't mind taking the odd hit because most people back down.

They have made an accusation that has to be proven.

You only have to cast doubt.

Let them take you to court.

 

The court will send you forms to fill in and you can submit your defence.

Point out that for their argument to hold water, there should be a photograph of a car with your registration, and send copies of you and your fathers log books.

Job done.

 

In the current climate the magistrates are making decisions on papers only, so you won't even have to appear.

[MeVsPPC]

That's amazing to hear. 

Thank you so much for letting me know :) 

[dx100uk]

i will gather this was a private parking ticket claim in a county court, not a Fine from a council PCN in a magistrates court?

 

[brassnecked]

If CEL did try court with a speculative claim, they have to send a letter of Claim first to which a snotty letter about genuine mistakes are de minimis so no reasonable grounds for a claim, and telling them they would lose often sends them away

[Tigernut]

To the site team,

yes it was a private company called Excel.

They deal with car parks.

They have a sister company called VCS who deal with the airports.

Both share the same offices in Sheffield, and these people will not back down.

 

They have a policy of always following through court action, and don't mind losing the odd case because most people bottle it. (Other firms have always backed down when their bluff has been called)

 

They are owned by a weasel called Simon Renshaw Smith (AKA captain clampit) who earns £750,000 pa out of peoples misery.

 

I did warn these people that if they were to persist in persecuting my family I would retaliate.

Helping other people fight them is a start, but I want to mobilize them into going on the offensive.

 

I am mindful that the site team, for legal reasons, might censor some of my ideas, which I will attempt to post tomorrow.

[dx100uk]

own thread created

 

we know all this very well

we have 100's of threads here on VCS/EXCEL/Simple Simon.

 

most of the sites are gov't by Byelaws which trump any Speculative invoice Court  Claims anyway

 

[FTMDave]

Well done to your wife for not backing down and for giving Simple Simon a good hiding! 

[FTMDave]

Could you tell us a few more details, such as the location of the car park?  It would be very useful for future motorists in the same position.

[dx100uk]

in the new regs that are coming in..

minor things like a wrong reg will no longer be allowable criteria for a speculative invoice issuance.

 

[FTMDave]

Tigernut,

 

I like your style mate!

 

Thanks for telling us what happened (& where).

 

Good luck ripping Simple Simon a new one!

[brassnecked]

Yes well done on that one, the removal of the wrong reg no is likely why Simple is in a tizzy trying tio get as many cases in as possible before the hammer falls.  The PPCs are demand bringing back clamping  according to This is Money last month

https://www.thisismoney.co.uk/money/cars/article-8855049/AA-boss-sounds-warning-parking-firms-lobby-allowed-clamp-again.html

[Tigernut]

They may be changing the rules but someone like Renshaw Smith will already have his next scam worked out.

You may call him simple Simon but he's far form that (can't we refer to him as Piers Morgan or something similar)

 

The fact that he runs 2 companies from the same building suggests that if 1 loses the right of access to the DVLC database, the other one can pick up the reins.

It's a bit like an arms race, he aint going to quit and neither shall  we.

[dx100uk]

and neither will nor have we.

its been this way for since the 2012 changes and before then he run the clamping companies..

 

you've only just come to findout.

 

 

[Tigernut]

Been at at it years.

Three parking raps before this,

one a council ticket,

Rotherham council tax dispute,

Diamond holiday resorts,

Bristol street motors and until this summer undefeated.

 

Drove the wife to  East Midlands airport and she said 'you might as well drop me off here and I'll walk to the terminal' so I pulled off the road and off she trotted.

 

Unwittingly I had done so in a restricted zone and a week later received the letter. 

 

I gave my standard type response-' put some decent signs up, and dispense with the usual threats and take me strait to court'. It always worked in the past. They didn't quit.

 

Looking on google earth I couldn't work out where I'd pulled over. From the photo of the car it suggested I had parked in an area that  was grass and trees, and then everything fell into place.

 

The creation of restricted zones, no more free 15 min drop offs and a hard standing area next to the car park barrier with a camera pointing right at it. Entrapment.

 

We're not looking at getting off now, We're now looking at getting the right people involved here who might cause enough of a stink that results in VCS losing its access to the DVLA.

 

The court process was well underway and as I was worked up for the day I decided to drive down to the airport and pace out the distance from where I thought I'd parked to 'the sign' that was situated in the BP garage.

 

To my horror there was no hard standing area, warning signs were everywhere [their correspondence said 'the clearly visible sign by the BP garage'] and I couldn't work out where I'd pulled over. The word devastated doesn't come close.

 

Feeling that I didn't have a leg to stand on I capitulated.[ I've got a feeling that you're going to tell me that I would have won]

 

Still, back to winning ways.

Its a pity that everything we have to do is reactive.

 

we need to come up with ideas to hurt them and then mobilize the public. 

 

And have a bit of fun doing it.

[lookinforinfo]

You could have won on the grounds that "No stopping" does not form a contract as it is prohibitory: that POFA only applies on relevant land and airports have their own bye laws or are subject to the Road Traffic Act, or perhaps that you were a trespasser and thus can only be sued by  the land owner.  

You could always try asking for your money back as they breached your GDPR since they had no legitimate reason to issue you with a PCN.

[Tigernut]

I won't bother as its gone now.