Excel ANPR PCN - 58mins stay wrong reg? - no ticket - Three Spires Short Stay, Lichfield, WS13 6JF

[FTMDave]

Thank you for uploading all this so quickly.

 

However, it is appalling.  In your appeal your carefully didn't mention who the driver was.  In post after post on your thread Caggers were waxing lyrical about Excel having messed up re POFA and as Excel didn't know who the driver was they wouldn't have a hope in hell in a court claim. 

 

And then you went and wrote "I am the registered owner of the vehicle ... I also paid at the ticketless machine".  You out yourself as the driver.  Why on earth did you do this?  Why didn't you send a snotty reply sticking two fingers up to them like everyone else on every other Excel/VCS thread?

 

After sending this letter full of own goals you will definitely be taken to court.

 

You had better get other arguments together such as the rubbish signage and anything else you can get to undermine Excel's claim.

[LovelyN]

All I have done was follow people advice who were trying to help me navigate through this through something I have no understanding off.  It’s appalling that I’m in this situation.  They’re not trained in legal matters snd neither am I.

 

Thanks for your honesty 

[dx100uk]

well it says at the top i am the registered keeper... and that 'I' displayed my blue badge and that 'i' paid at the machine..... as the registered keeper. 

it doesn't say that 'i' was the driver.....ok no mention of anyone else in the car ...fair comment...it's p'haps bad, but room to wriggle IMHO.

[LovelyN]

I’m not a legal expert neither are the ppl helping.  

 

I came to this site 5 months after correspondence had already take on.  You all seem to be experts in this or have a least experience of dealing with these situations.  I’ve been honest. I’d been shielding for nearly 18 months alone!!!!

 

I displayed my blue badge in a carpark I had used for over a decade. I paid for a ticket not knowing the circumstances of the carpark because another blue badge holder warned the carpark May have changed, but wasn’t be sure.  

The rest is history…. I’m getting rinsed by carpark crooks.  

 

It’s a lose lose situation all round. I’d rather go to court fighting at least I can hold my head up high knowing this 

Edited February 8, 2022 by dx100uk
block of text spaced to paragraphs

[FTMDave]

2 minutes ago, LovelyN said:

I’m getting rinsed by carpark crooks.

Yes, spot on.

 

And that is why you shouldn't be corresponding with these crooks.  They will never back down if you write to them.  It's pointless.  Even worse than pointless you have given away important points of your legal position.

 

However, all is not lost.  You might be 0-1 down but a football match lasts 90 minutes

 

Tomorrow when I knock off work I will read your whole thread from the beginning and try to help.

 

In the meantime please try to read other VCS or Excel threads (the two companies are run by the same spiv) and try to understand how they operate).

[LovelyN]

I now fully understand this and through reading vast amounts of information regarding both these companies.  I should of ignored from the onset.  Right now I feel in mental turmoil over this because it’s unjust. And goes against my morale fibre and how I choose to live following the law.  This has been a painful experience at the cost of my health 

[brassnecked]

Don't beat yourself up over this, many people have just caved and paid the Blue Badge in your appeal isn't as bad as it seems, there are many reasons especially with  BB why the keeper may not be the driver, and its up to simple simon to prove otherwise. also its normal for a passenger who may be the keeper to go and pay while the driver parks up.  Wrong Reg and a dodgy machine will likely do for him in court.

[dx100uk]

It is worthy to note... I can find zero simple simon vcs or excel wrong reg court claims here.

 

Dx

[FTMDave]

I've reread your thread from the beginning.

 

You talk about getting advice from various sources and I think this is where you've been going wrong.  Stick with us or another site or another advisor but keep what you are doing consistent.  For example, whoever suggested the appeal went to great lengths to not mention who the driver was but then later on you abandon this strategy.

 

You say you aren't legally trained and neither are 99.99% of us here.  However, we've all learnt a bit about the legal process when it has been explained to us.  In the first two pages of your thread time & time again there is advice not to contact the fleecers and especially not to let on who was driving.  Plus comments that by not doing so you were in an excellent position legally.

 

Something else 99.99% of us have done is to make mistakes so as Brassnecked says, don't beat yourself up.  Well done on all the reading you've put in overnight.  The important thing is to get things right from now on.  So, being positive ...

 

You mention a sign in May saying free parking for blue badge holders.  Have you managed to get proof of this?

 

Have you got any other photos of their rubbish signage from around that time?

 

Excel and VCS are the most litigious of these disgusting companies and it's more probable than improbable that they will take you to court, so it's important now to build up as much evidence as possible to smash them in front of the judge (if the case gets that far).

[LovelyN]

I’ve have the info stating parking was free to disabled drivers.  
 

Unfortunately I’ve not been able to get any images of the signage from the previous year.  As I didn’t get the PCN until 12 weeks later so know photos

[ads_uk]

@FTMDave

 

LDC's very own "Visit Lichfield" website, still proceeded to show that Parking was still available at Backcester Lane on 25th May 2021 (Privacy page shows LDC as the data controller)

 

https://web.archive.org/web/20210525073728/https://www.visitlichfield.co.uk/accessibility

 

This site is a Cached/backup site.

(Way back machine is very handy in finding webpages that have changed)

 

It's predominantly clear on this page if you visited it on May 25th 2021 that parking was free for blue badge holders.

 

This was the link I used with the local councillor (already provided local councillor details previously & this link to LovelyN) to help revoke my parents ticket.

[FTMDave]

That's brilliant @ads_uk  I remember you posting this before on your thread. 

 

@LovelyN, firstly, can you remind us which car park in ads_uk's list you parked in please?  I know you will have mentioned this before but now there are five pages of information to look through.

 

Secondly, have you gone down ads_uk's road of contacting the councillor with your BB/date of parking/etc details and asking for the same help ads_uk got against the fleecers?

[ads_uk]

@FTMDave

 

In post #48 the document from Excel only states Three Spires Shopping Centre Short Stay Car Park WS13 6JF.

There are 4 different Carparks

Two opposite each other on Gresley Row as soon as you turn into the road.

Google Map: 

Google Maps

MAPS.APP.GOO.GL

---

Find local businesses, view maps and get driving directions in Google Maps.

 

 

Follow the road round a short distance and.you have Backcester Lane (the Old Argos store) then a little further round from there you have Backcester Lane Lower about 25/50meters.

 

The signage from inside the carpark that is there now (unsure when installed)  displays.the actual car park name.

 

But each of these carparks are stated as Free to disabled as per the link i posted earlier back on 25th May 2021.

 

I think the price now for disabled drivers is £1 for an hour - but it's been a while since I've been up there. 

I was told that charging a disabled person for access by closer parking to something that an abled bodied person takes for granted is an infringement of disability act - don't know how true that is.

Edited February 9, 2022 by ads_uk
URL for Map location incorrect

[LovelyN]

I was parked in a disabled bay Backcester a lane, Three Spires Centre. The carpark directly opposite Argos 

 

I have contacted ads_uk in the first instance following his advice 

I have printed off the documents stating which car parks were free up until 25th May 2021 

 

I contacted J. Granger the councillor whom ads_uk Not once as she responded to me.  However I now have access to her contact number and will seek help in calling her to see if she can help me. 
 

I have written evidence that the TSSC (or Excel parking services) did not acquire planning permission to put a ANPR or Associated signage.  And still had not acquired PP up until November 2021.  Through my investigation there has now been a case sighted against them from LDC 

 

Since this Fiasco began I think excel has since put up new signage but there was still no planning permission acquired by them. 
 

Excel sent an image of parking signs within the carpark however there not the carpark I was parked in.  And I don’t believe the photo to be authentically dated.  The signs that had been put are higher. So unless your walking around looking up or 6ft …..They were not noticeable! 

Edited February 9, 2022 by LovelyN

[FTMDave]

Great work LovelyN, that's exactly the approach you should be taking.  Keep on at ads-uk's councillor.

 

If you get no joy get on to your councillor (presuming they're not the same).

 

If this does get to court all the evidence you're building up will be vital to bat off Simple Simon's rubbish.

 

It would be really good if we could get photos of the signage at the time.

[LovelyN]

Thxs 

 

no idea how I’m going to get signage from then.  I will try going on FB on the local page talking about this.  
 

the local charity who is supporting are seeing if they can access a solicitor To help me 

[LovelyN]

Thxs 

 

no idea how I’m going to get photos of signage from back in March 2021.  I will try going on FB on the local page talking about this to see if I can contact someone.  I will even try and track the man who started the petition 
 

the local charity who is supporting are seeing if they can access a solicitor To help me 

[brassnecked]

You shouldn't need a solicitor, they are not that well versed in Private parking shenanigans as a rule, try Google Streetview, that might have images from back then if its not been updated.

[dx100uk]

Can we slow down ...

 

You've not even got a letter of claim yet and might never not 

 

God you most def do not need a solicitor not now not never. 

 

I'd also be very wary of any advice you are getting from or might of sought elsewhere. 

 

Check  here 1st it's ok please  or even needed.

 

Dx

 

 

 

[ads_uk]

Unless your constantly on the internet and visit the Lichfield Councils maze of a website the only other place that I've found.on the internet which mentioned.the change from Free to Paid parking was a Lichfied Live report, with Liz little of Lichfield council - which was dated 26th February 2021 (https://lichfieldlive.co.uk/2021/02/26/shopping-centre-to-take-over-management-of-two-lichfield-car-parks/)

 

As you can see it states that the car park was to change from 1st March (UK non essential businesses reopened 12 April) 

But again the notice of change was not broadcasted anywhere & the council's visit Lichfield site was still promoting free parking nearly 3mths after the above news report.

(I'm Percy in the comments btw)

[LovelyN]

I have the evidence to show which car parks were showing free for blue badge holders up until 25th May 2021.  
 

The other photos I was trying Acquire , was of the inadequate signage inside and around the carpark back (if any in the carpark) on the 16th April 2021. 
 

As suggested I’ve looked on google street. I’ve only been able to find images of the carpark before March 2021 
 

I’m not sure it is 50/50 whether I end up CC?
  

I have made it aware in this thread, I have received a response from ELMs Legal last week.  As of the 28/2/22 if I’ve not paid or offered instalments by this date legal action or proceeding to recover the debt will begin. 

 

So based on this information… 

And Looking at the worst case scenario above and the grave external factors that impact my life daily I need to prepare paperwork now.   
 

From my understanding I will only have 30 days to get paperwork together?  I have no idea where to begin with this??

[FTMDave]

Well done on getting all this evidence together.

 

Don't worry, before doing court the fleecers have to give you formal warning in a Letter of Claim which is the 30 days you refer to.

 

Then if the worst came to the worst and you were taken to court, you would have 33 days to file a defence, which is just a short standard document already copiable from this site.

 

After the defence, you would have months to prepare a longer document stating your case which is called a Witness Statement.

[brassnecked]

The things indicated by ads_uk would also help in any WS, as people were blissfully unaware fleecers were now in town.

[ads_uk]

You do also have the new rules on aggressive debt collecting & unreasonable fees on your side.

Max fine will be reduced from £100 to £50

Private car parks will also need to display proves more clearly.

 

If I was you I would take a trip to the car park (but for gods sake don't park there )

and take photos from inside a vehicle from the disabled bays of signage you can see.

And also entering the car park as well.

 

As you have a blue badge, you are known to have a disability - that disability could be preventing you to raise your head above normal eye level (looking up to signage)

 

In addition to this, I'm sure you said you did previously pay but entered the wrong reg number?

If they do start proceedings you will need to request the print out from that ticket machine of all Registrations recorded (it will have part of the reg redacted) with the times of payment and amount.

You can then compare that with the entry time of the vehicle you were in to spot the payment - it will then be upto Excel to provide evidence that the incorrect Reg number you entered actually belonged to a vehicle that entered by photographic evidence. - but don't worry about that 

Like others I honestly can not see you have to worry about anything.

[LovelyN]

I have taken time to read all your responses this morning and want to convey my gratitude to you all for showing me some clarity and creating a better perspective. 
 

I really need a weekend off from thinking about this situation.