Excel v Barnes. 1/3/2017 Manchester. C7DP1C3P
This was a claim for parking in Chorlton-cum-Hardy for 44 minutes one night.
This was yet another huge waste of money for Excel Parking Services, forking out an estimate £200 for a representative only to be shown the door after 10 minutes. Their representatives main act was to attempt to negotiate a settlement of £150 before the hearing began, but this was not attractive.
In the hearing Excel produced no evidence a contract to manage the land existed, only a witness statement. The evidence also showed the signs were badly lit, which was enough for the judge to decide there was no point in continuing.
Excel do produce contracts for land they have contracts to manage, so the lack of a contract is a good sign that either they do not have one, or that it is fatally flawed and they are acting outside their remit.
Signage must be visible at the time of parking, not just in bright sunshine in the middle of the day. If signage is not well-positioned and well-lit at night, then no contract by performance will be entered into.
Similar considerations may apply if the day was foggy, or it was snowing or raining very heavily.
The Parking Prankster