Excel Parking issued a parking ticket to our customer’s car in Wolverhampton in 2015. Our customer notified them, right from the start, that he was not the driver.
Despite this, the usual gamut of debt collectors letters and meaningless threats ensued, before Excel finally asked BW Legal to issue legal proceedings in January this year. Yes, three years later – parking companies can sit on their (English) cases for six years!
We assisted our customer with his defence and witness statement, in which he pointed out that the car park signage, photographed in 2015, still referred to clamping, and, despite Excel being IPC members, the signage said BPA. Not only that, the car park was claimed to be somewhere it was not, and was a council car park. During the pre-trial process, the Claimant asked for the Defendant’s fully particularised defence to be struck out, an application the judge described as “Absurd”
The Court initially commented that the evidence of the Claimant was questionable, and the Claimant asked for an adjournment to introduce further evidence, which was given short shrift by the court. An application for a late statement, by Jake Burgess of Excel was refused, and our customer said he would rely on that, and other issues, in his costs application after the judgment.
Following cross examination and submissions, where the Barrister for Excel insisted a number of times that our customer must have known of the car park and parked there at least once, the judge made a finding that there was no basis, other than via the Protection of Freedoms Act 2012, that a keeper of a vehicle can be held liable for the actions of a non-employee driver.
As such, the claim failed and was dismissed. Given the conduct of the Claimant, including the late witness statement which was no more than a disgraceful attempt by excel to smear our customer, the judge also found that the conduct of the Claimant met the “Dammermann” test for unreasonableness. As a result,the Defendant was awarded £329.80 in costs, to be paid within 14 days. Our customer stated that he would be bringing Data Protection Act proceedings against Excel, which seemed to meet the Court’s approval.
Another successful outcome in court for Parking Ticket Appeals. Do you need help with a court claim? Contact us now.