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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69783
Experience:  Over 5 years in practice.
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I regularly park in the Peel Centre Car Park, Stockport.

Customer Question

Hi, I regularly park in the Peel Centre Car Park, Stockport. I do not keep hold of my tickets. I have today received a court summons for unpaid parking tickets going back two years!. This is the first I have heard from Excel Parking Services Ltd. I have
not received any correspondence prior to this. They have also only provided dates on when I was apparently in the Peel Centre Car Park, Stockport, which I assume they have got from the cameras there. They haven't provided anything in the form of photos or
video to back up their claims. I need to defend this but am not sure how to respond? Please help! Thanks in advance Dave
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.
Do you dispute the allegations?
Customer: replied 1 year ago.
Files attached.
Customer: replied 1 year ago.
Hi Jo, Yes I do.
Expert:  Jo C. replied 1 year ago.
Ok.
On what basis?
Customer: replied 1 year ago.
I had purchased a ticket on every occasion. The problem is I didn't keep them as it was so long ago, so not sure where I stand on this?
Expert:  Jo C. replied 1 year ago.
That is a defence then.
Whether or not it would succeed is another matter. It would seem this is likely to go to court because of the high number of fines.
If you are prepared to defend this then you can run this on that basis. You can also ask them to prove adequacy of signs although that isn't particularly consistent with saying that you did purchase a ticket.
They will have to prove to the civil standard that you didn't have a ticket. You are taking the risk though that they can.
This is only a small claims court sum so even if you lost you would not end up paying a huge volume of costs.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69783
Experience: Over 5 years in practice.
Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.
No that's great, thanks Jo!
Customer: replied 1 year ago.
Hi Jo,I need your help again please.I've had some correspondence back from the other side. Can you take a look?I've attached it in a zip file.A couple of questions;1. If I lose this will I get a CCJ against my name?
2. I actually moved out of my address in mid 2012 which the correspondence is addressed to, so could I argue that I've not had a chance to respond because they haven't kept their records up to date?Also, I don't expect this for free so please can you tell me how I would make another payment?Thanks
Dave
Expert:  Jo C. replied 1 year ago.
I can't see a zip file.
1 Yes, but if you pay it off within 28 days it will not show.
2 Yes, but it depends whether or not you gave them the new address.
Customer: replied 1 year ago.
Sorry the site wont let me add files. You can see them here;https://www.dropbox.com/sh/r6mbhhw2k96rkva/AADikB3s_jWKuUc8_5SEa5q1a?dl=0
Customer: replied 1 year ago.
2. No I didn't provide them a new address
Expert:  Jo C. replied 1 year ago.
That is blank for me as well. Might be my fault.
Do you want to just tell me what the response is?
I suppose they are writing back threatening fire and brimstone?
Customer: replied 1 year ago.
Ah its working now.2. I didn't know they had sent correspondence as its my Dads address.
Expert:  Jo C. replied 1 year ago.
OK.
What would you like to know about this please?
Customer: replied 1 year ago.
Do you think that I can win based on them not sending the information to the correct address?
Expert:  Jo C. replied 1 year ago.
No, not really.
You might be able to get any judgment set aside for a short time on that basis but no more. The plain fact remains that you didn't tell them.
Customer: replied 1 year ago.
Ok. One last question. Do you think they have a strong case?
Expert:  Jo C. replied 1 year ago.
Private land companies have always had a reasonable case. There is a good deal of nonsense on the internet about how their fines are 'unenforceable'. The reality is that they were always enforceable but they were hard to enforce.
They have a case that isn't really cost effective for them to sue over.
If it does get to court then you can always put them to proof on adequate of signs and sometimes they are found lacking but it is not likely to get to court because it costs more than it is worth.
Customer: replied 1 year ago.
Great thanks Jo! How much do I owe you?
Expert:  Jo C. replied 1 year ago.
It is fine. I would do this as a free follow up. It is on the same topic.
All the best.
Customer: replied 1 year ago.
Much appreciated! Thank you Jo!
Expert:  Jo C. replied 1 year ago.
No problem.

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