Considering legal action for harrassment against Excel parking Services

[AlfaMan]

For the last six months, I have received a barrage of Court papers for alleged parking infringements by the same operator, Excel Parking Ltd and am considering taking legal action against them.  Here is a summary:

 

CASE 1

Pursued 4 years after the alleged infringement only for the case to be summarily vacated the claimant within days of the Court hearing

 

CASE 2

Pursued 2 years after the alleged infringement.  Case dismissed by the judge as evidence provided by the claimant clearly proved a valid ticket was purchased and displayed

 

CASE 3

Pursued 2 years after the alleged infringement.  Received and completed Notice of Proposed Allocation to the Small Claims Track and awaiting Court allocation.  Claimant has claimed they already have CCJ against me for this case despite no Court allocation or hearing and have advised of impending bailiff action.  Requests for detail of the alleged infringement not met.

 

CASE 4

Being pursued for an "over-stay" at a motorway service area car park despite having never been the legal owner or keeper of the vehicle in question

 

Any suggestions on my next move?

 

 

[Bazooka Boo]

Where on earth do you keep parking to get this many invoices?

 

What service station where?

 

Can you scan and upload your evidence of invoices?

 

As for taking legal action against them I guess it all depends on how much time you have to waste?

 

Nothing good will come of it, vent to your local MP and councillors . 

[FTMDave]

To my (limited) knowledge, courts set a high bar for harassment.

 

However, we're well aware of the antics of Simple Simon, owner of Excel and VCS.

 

CASE 3 worries me a bit.  You haven't moved during these four years have you?  Is there any chance of you not having received court papers and then a backdoor CCJ being issued?

 

If you send Simon a SAR he will have a statutory duty to come clean with all the info. his horrible company has on you, and will be in hot water if he doesn't comply. 

 

 

Edited December 9, 2020 by FTMDave
Usual typo!

[lookinforinfo]

Harassment is a difficult one to win. Much easier is to sue them for GDPR breaches. 

 

Case 2 is a good example - the  going rate for that would be £500 perhaps but may be as a low as £200 which would probably cancel out the cost. Although case 4 should also be good for you.

 

Like FTMDave I am concerned for you about case 3 .

 

Please check your credit file to see if it is all clear.

If so then GDPR is good for  that .

If they do have a ccj for you please come back to us with advice how to possibly remove it.

 

I wouldn't pursue case 1 as they may have had good reason to obtain your details that time.

 

 

[Will Goodfellow]

Case 3 - If there is a CCJ, they don't have to provide you with details of the infringement, you've already been found liable. If you want to dispute liability, you'll have to make a set-aside application.

 

Case 4 - It doesn't matter if you were never the owner or the registered keeper of the vehicle. If the registered keeper received the ticket and named you as the driver, you'll have to provide evidence that you weren't the driver who parked the car at the time the ticket was issued or dispute that you were.

Edited December 9, 2020 by Will Goodfellow

[dx100uk]

If , if, if.......dont speculate on things ever AlfaMan prove, prove. prove 1st

[brassnecked]

Get that info, and if you have moved be prepared for a potential shock.

[AlfaMan]

CASE " There is no CCJ.  The Court or case hasn't even been allocated to date.  

 

CASE 3 With regard to the "over-stay" issue, documentation does refer to a car I own.  But the one in the photos supporting the claim is different!

 

So no ifs!

[Homer67]

Sounds like your number plate has been cloned, best get that registered with Plod and DVLA.

[lookinforinfo]

Just to be on the safe side please look at your credit file-the last thing anyone needs are bailiffs kocking on the door. It may be that you have another PCN with them somehow mixed up with the one on case 3.

 

I think you meant case 4 on your post above regarding the overstay. With ANPR sometimes the reg. no. can be misread. If that is the case then they have breached your GDPR.  If you challenged them on this and they still keep pursuing you then eventually that could be harassment  but the GDPR breach is much the safer bet.

 

[FTMDave]

I understand you think these cases are connected (they are, they all involve you!) and that Excel are harassing you, the problem would be proving it in court as VCS would argue they administer the car parks where your vehicle was parked and had every right to take action.

 

CASE 1  Done & dusted, you saw them off, well done.

 

CASE 2  I agree with lookinforinfo.  If they actually sued you when you had a ticket showing then that is a very serious GDPR breach.  If you want to go down the road of suing them, please start a new thread and give us more details of what went on, with the important documentation redacted & uploaded.

 

CASE 3  Yes, I understand it's at the stage of awaiting court allocation.  However the mention of a CCJ made me & lookinforinfo be concerned that there may be a case 5 and Excel have sued and won by default at a previous address.  Can you rule this out?  As I said above, you should send Excel a SAR.  It's free, it will annoy them, they will have to do some work and if they breach their statutory duty then that's something else you could sue them for.  If you want help with this case (although you seem to have a superb record of beating Simon!) please again start a new thread.

 

CASE 4  So was your car actually in the car park but bone idle Simple Simon has sent the wrong photo, or is it  case of licence cloning?  If the latter Homer is spot on, if the former then again we would be pleased to help if you give more details in a separate thread.

[AlfaMan]

I refer to the below :

 

"CASE 2  I agree with lookinforinfo.  If they actually sued you when you had a ticket showing then that is a very serious GDPR breach.  If you want to go down the road of suing them, please start a new thread and give us more details of what went on, with the important documentation redacted & uploaded".

 

I started legal action against EPS but was advised by the judge at a pre-trial hearing that there had been no breach of Data Protection law in my case and that the EPS attendant had merely failed to read the ticket correctly. 

 

This is despite the earlier case against me being dismissed by the judge with the comment: "And upon the court noting the pay and display ticket was clearly displayed and not obstructed"

 

A redacted copy of my claim is attached.

 

Do I have grounds to sue under a GDPR breach? 

 

And how should I proceed.

 

img20220917_0015.pdf

[dx100uk]

Threads merged.

 

Dx

[FTMDave]

You say you started legal action against EPS.  Who are EPS?

[AlfaMan]

Excel Parking Services Ltd

[FTMDave]

Well if you started legal action against Excel and the judge kicked the case out then sadly the matter is over.