Excel v Ms X C8DP57P6 26 May 2017, Stockport, DJ Ayres
Back in January Excel's claim against a motorist at the notorious Peel centre was struck out for failing to obey the judge's directions.
Excel thought they had complied so appealed the decision. The relisting hearing was held at Stockport on 26th May. The motorist represented themselves. Excel were represented by Mr Pickup. The Prankster assisted the motorist by suggesting a letter to write to the court to oppose the relisting.
In the hearing District Judge Ayres ordered the application dismissed and the motorist was awarded costs for their expenses of the day. They reported that the the letter did the trick.
DJ Ayres said that Excel would have to start all over again if they wished to pursue the matter.
After the hearing Mr Pickup said that if Excel do decide to restart the case, it would be several months before any decision is made. The Prankster, having seen the papers, has seen that excel were relying on Elliot v Loake. As the driver on the day was not known, and as Excel do not use keeper liability, The Prankster considers that any further money spent on this case would be a waste.
A ticket for the time parked was purchased and Excel have not contested that. Unfortunately the purchaser accidentally entered their own car's registration instead of the car which was parked.
Excel's attempt to charge for this accident is therefore a complete waste of time and energy for all parties. Their system is clearly flawed and designed to entrap motorists so they can maximise the number of parking charges issued. A proper system would only allow a registration to be entered if the ANPR system recognises that it in the car park.
The Parking Prankster