ExcelParking Posted October 28, 2011 Share Posted October 28, 2011 Let's get this absolutely correct. Excel do not issue fines. What they send is an invoice that is only enforceable through a court. They will try and bluff people through letters from people who are debt collectors (with no more powers than you and I) and solicitors. Neither have any power to do anything other than take you to court. Here they lose properly defended cases. Type "Excel lose" into google and you will see what I mean. Now try "Excel win!" Finally once you have done all this tell all your friends not to pay either. We take far more people to court than ever get publicised and we win the by far the vast majority of them. If I may give you an example of a recently contested case in Sheffield. For detail it is Excel Parking Services Ltd v Dr Dennis Baker, Claim Number 01SE02335. Dr Baker claimed to the court he was one of the countries finest legal brains and an expert in this field. I will quote the key points from the District Judge findings (these are freely available from the court): 1. The Claim by Excel results from Dr Baker parking at Broomhill Rooftop Car Park .... without buying a car park ticket under the "Pay and Display" scheme in operation. Dr Baker accepts that he parked there without a ticket because he did not realise one was necessary and he argues that the £100 claimed is a penalty in any event and is not enforceable. He counterclaims for £2000 for harassment plus £250 for his time in defending and preparing the hearing. 2. Excel have operated a "Pay and Display" system here since about 2004. It is not novel or unusual - many other car parks in Sheffield and elsewhere operate similar schemes. They are not unlawful. I have been shown photographs of the large signs either side of the entry ramp, the sign at the top of the ramp on the post with the cameras attached and the signs at each of the 2 ends of the car park, next to the 2 ticket machines. They should be clear to any motorist driving into the car park. Even if they were not noticed, then after parking a vehicle, I am satisfied that anyone then walking out of the car park would be likely to see either the 3 signs at the bottom of the ramp or the pay machine and large sign next to the exit to the lift and stairs to the shops. I am satisfied that the signs ... make it quite clear that this is "Pay and Display" system and the penalties for not complying. When parking here, the Defendant should have seen the signs and he is bound by the terms and conditions shown on the signs if he chooses to park here. 3. I know that there have been some cases before the courts where claims for payment for car parking have not been allowed. There have been other cases, in Sheffield at other courts where they have. If often depends on the number of signs, their size and positioning and the positioning of the pay machines. The fact that some wheel-clamping companies have a bad press does not mean that all car parking charges of this nature are unenforceable. It depends on the facts of each case. Cont.... Link to comment Share on other sites More sharing options...
ExcelParking Posted October 28, 2011 Share Posted October 28, 2011 cont... 4. I do not find that the amount they claim is a penalty, but an estimate of the cost to Excel of identifying and chasing up non-payers. 5. As to the counterclaim, I dismiss that entirely. The costs of preparation of a defence or for a trial are not appropriate for including in a counterclaim. Costs of litigation should not in any event be added into a calim or counterclaim. To do so is wholly wrong. 6. I do not find that the exchange of letters and emails between the parties amounts to harassment. Dr Baker complains that: "The claim form from the court is not met (sic) to be sent to respectable and honest people, it asks for all kinds of personal information, bank details, marital status, DOB and so on. It is a great inconvenience to receive it and to have to defend it" I do not accept that the issue of County Court proceedings and the sending of standard court forms to a party in a civil case amounts to harassment. I dismiss the counterclaim. 7. Excel are entitled to their court costs from Dr Baker and their travel expenses for atttending the hearing. Interest is also added at the appropriate rate. Link to comment Share on other sites More sharing options...
Total Chaos Posted October 28, 2011 Share Posted October 28, 2011 there is a perrmitted time on decathlon car park, have you ever been on it, or are you just ******* in the wind here, dont give out advise to someone, that isnt true, you cld be landing someone in deaper ****, then you will dish out more crap telling people what to do.... get yr facts rights or shut yr gob You was it aimed at? Link to comment Share on other sites More sharing options...
dawny1970 Posted October 28, 2011 Share Posted October 28, 2011 cont... 4. I do not find that the amount they claim is a penalty, but an estimate of the cost to Excel of identifying and chasing up non-payers. 5. As to the counterclaim, I dismiss that entirely. The costs of preparation of a defence or for a trial are not appropriate for including in a counterclaim. Costs of litigation should not in any event be added into a calim or counterclaim. To do so is wholly wrong. 6. I do not find that the exchange of letters and emails between the parties amounts to harassment. Dr Baker complains that: "The claim form from the court is not met (sic) to be sent to respectable and honest people, it asks for all kinds of personal information, bank details, marital status, DOB and so on. It is a great inconvenience to receive it and to have to defend it" I do not accept that the issue of County Court proceedings and the sending of standard court forms to a party in a civil case amounts to harassment. I dismiss the counterclaim. 7. Excel are entitled to their court costs from Dr Baker and their travel expenses for atttending the hearing. Interest is also added at the appropriate rate. ohh please, even top barristers have told us all to turn the invoice into a paper plane, as thats all its worth, go away with your lies about winning, either put up or shut up, they ARE NOT legally enforcable, you know it, i know it and most of sheffield also know it Link to comment Share on other sites More sharing options...
dawny1970 Posted October 28, 2011 Share Posted October 28, 2011 We take far more people to court than ever get publicised and we win the by far the vast majority of them. If I may give you an example of a recently contested case in Sheffield. For detail it is Excel Parking Services Ltd v Dr Dennis Baker, Claim Number 01SE02335. Dr Baker claimed to the court he was one of the countries finest legal brains and an expert in this field. I will quote the key points from the District Judge findings (these are freely available from the court): 1. The Claim by Excel results from Dr Baker parking at Broomhill Rooftop Car Park .... without buying a car park ticket under the "Pay and Display" scheme in operation. Dr Baker accepts that he parked there without a ticket because he did not realise one was necessary and he argues that the £100 claimed is a penalty in any event and is not enforceable. He counterclaims for £2000 for harassment plus £250 for his time in defending and preparing the hearing. 2. Excel have operated a "Pay and Display" system here since about 2004. It is not novel or unusual - many other car parks in Sheffield and elsewhere operate similar schemes. They are not unlawful. I have been shown photographs of the large signs either side of the entry ramp, the sign at the top of the ramp on the post with the cameras attached and the signs at each of the 2 ends of the car park, next to the 2 ticket machines. They should be clear to any motorist driving into the car park. Even if they were not noticed, then after parking a vehicle, I am satisfied that anyone then walking out of the car park would be likely to see either the 3 signs at the bottom of the ramp or the pay machine and large sign next to the exit to the lift and stairs to the shops. I am satisfied that the signs ... make it quite clear that this is "Pay and Display" system and the penalties for not complying. When parking here, the Defendant should have seen the signs and he is bound by the terms and conditions shown on the signs if he chooses to park here. 3. I know that there have been some cases before the courts where claims for payment for car parking have not been allowed. There have been other cases, in Sheffield at other courts where they have. If often depends on the number of signs, their size and positioning and the positioning of the pay machines. The fact that some wheel-clamping companies have a bad press does not mean that all car parking charges of this nature are unenforceable. It depends on the facts of each case. Cont.... now show us a win from 1 case in the last 5 years from decathlon or staples free car park then please as this case relates to pay and display and the OP was on about a free car park Link to comment Share on other sites More sharing options...
Total Chaos Posted October 28, 2011 Share Posted October 28, 2011 As other people have put, this is not true. The car park is owned by Decathlon. Excel operate on behalf of the Landowner (in this case Decathlon stores) for enforcement only. The equipment, including the Pay and Display machinery, is owned by Decathlon. Then the OP will be better off going back and seeing the manbager if he/she spent all the time in the store. Link to comment Share on other sites More sharing options...
MobileB Posted October 28, 2011 Share Posted October 28, 2011 now show us a win from 1 case in the last 5 years from decathlon or staples free car park then please as this case relates to pay and display and the OP was on about a free car park Decathlon is pay and display. As other people have put, this is not true. The car park is owned by Decathlon. Excel operate on behalf of the Landowner (in this case Decathlon stores) for enforcement only. The equipment, including the Pay and Display machinery, is owned by Decathlon. Link to comment Share on other sites More sharing options...
dawny1970 Posted October 28, 2011 Share Posted October 28, 2011 Decathlon is pay and display. no, its display, you DONT pay to park in there, its free parking!!! Link to comment Share on other sites More sharing options...
andrejuan Posted October 28, 2011 Share Posted October 28, 2011 Lots of advice on here and on other similar threads to ignore the invoice. I agree, throw it away. The VAST majority do not go to court, and of those "token" cases that do, Excel end up out of pocket. If they didn't, ALL the cases would go to court OBVIOUSLY!!! I use Decathlon because it is free, but I no longer use Broomhill rooftop carpark because they charge. The shops can go without my custom until they go back to free parking for shoppers. I once got a "fine" at Broomhill because I got a digit wrong typing my reg. number. That went in the bin ! Link to comment Share on other sites More sharing options...
MobileB Posted October 28, 2011 Share Posted October 28, 2011 no, its display, you DONT pay to park in there, its free parking!!! So obviously you miss the sign as you drive into it that says "THIS IS A PAY & DISPLAY CAR PARK". I think they give you the first hour for free but it is still pay & display (ie you have to display a ticket). Link to comment Share on other sites More sharing options...
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