Free Traffic Legal Advice

Hi all,

Looking for some help from the pros here, received some great advice last year.

I got a small money claim in the post, from Excel Parking Services Ltd, represented by ELMS Legal, regarding an alleged parking incident. Didn't know this was an issue until I got this letter from the courts.

Shortly after, I received a letter from ELMS Legal about notification of proceedings.

Due to limited time, I went ahead and submitted a defence without seeking help, possibly too quickly..so I'm hoping for some retrospective guidance from the experts.

Background..
Alleged contravention date: 12/01/25

Claim particulars mention parking in a disabled bay. I am the registered keeper. My father is a blue badge holder and does drive my car often.. but I don't remember what I had for tea last week let alone what happened in January.

Re: service of letters, I live in a tower block where mail often goes missing. We have an unmanned lobby where Royal Mail and other services leave letters and packages which often get stolen or lost.

Actions so far:
1. Defence submitted (attached for review).

2. Received "Notice of Proposed Allocation to the Small Claims Track" containing Form N180, and I’m unsure about Section D – “Suitability for determination without a hearing.”
I was going to tick yes, but now I'm thinking that might weaken my position if the claimant adds new evidence later and there's no chance to argue my side in person? Running the risk of having the judge decide based on whatever ELMS/Excel present.

Would be very kind if someone could help with the following:

1. Any input on how to handle Section D of the N180. Should I be pushing for the hearing? What can I expect?

2. Thoughts on my defence and whether I've missed something that could've been in my favour?

3. Any advice on what else I should be doing at this stage.

Attachments:

- Particulars of claim

- Letter from ELMS

- My submitted defence

Appreciate any help you guys can offer, thank you.

[ Guests cannot view attachments ]

Thanks a lot for looking at this for me.

- Yeah I sent it through the MCOL web form.
- Well I’ve never heard from Excel so I think it’s ELMS. And they’re listed on the claim form that was sent to me.
- Thank you for the advice with the N180! Will get this completed shortly.
- Since you think hearing is the best action to take, do you know what next steps will be? I think there’s mediation ?but I’m going to be asking them to stop the action and obviously refuse to pay a penny.
- If I have to do a hearing, what can I expect? What should I do to prep?

Thanks again!

Hello all,

Firstly want to thank everyone that has helped so far.

I had my mediation a little while ago, long story short they said they'd be pursuing because they claimed to have sent a Notice to Keeper. And they made an offer to settle for £180. I rejected, and counter offered an amount I deemed was worth not having to deal with the stress of the situation..£40. As you'd expect, they rejected this.

Following failed mediation, they emailed an offer of £145. In response, I asked for the evidence they intend to reply upon. They have sent images, as well as an NTK document, and an NTK reminder.

Emails, and evidence they emailed has been attached. Any assistance is sincerely appreciated, not too sure what my next action should be.

The image of the sign they sent is not readable at all, and images of the vehicle do not show that the vehicle was parked in a disabled bay.

Thanks!

Yes sir - made without prejudice!

Hero - thank you for the advice. I will no longer reply to them, and will wait for their witness statement.

So essentially, I will be arguing that due to the NtK not containing a period of parking, the NtK fails POFA compliance and is inadmissible? Which then brings it back to the driver being liable, and I have no idea who that is. And neither does Excel/ELMS.

Am I on the right path here? Will search for the exact wording on the Brennan v Premier Parking Solutions case so I can prep!

Good luck. Get there at leat 30 minutes early so you can get through security and let the Usher know that you've arrived for your hearing. If the Claimant has sent an advocate, you can usually expect them to try and be really friendly and to try and persuade you that you have no chance. Politely refer them to the answer given in Arkell v Pressdram (1971) and you do not wish to discuss the case unless it is in the presence of the judge.

Remember your main defence is that the driver is not identified and their NtK is not PoFA compliant as it fails Paragraph 9(2)(a) because it does not state a "period of parking". You then refer to Brennan v Premier Parking Solutions (2023) which is a PERSUASIVE appellate case where the judge noted that without a specified "period of parking" noted on the NtK, (separate evidential photos with timestamps do not count) then it is not fully compliant with ALL the requirements of PoFA and the Keeper cannot be liable for the charge.

In addition to the above, remind the judge that their own Code of Practice requires a consideration period of at least 5 minutes for the driver to study the terms and conditions before accepting them and remaining parked or deciding to not accept them and leave. Without evidencing a minimum consideration period in their NtK, they have not proven that any contract was formed with the driver.

Remember, if you win, to ask for your costs of at least up to £95 for loss of earnings and any transport/travel and parking etc. If you drive, you can claim at 45p/mile round trip.

As for the day itself. have a watch of this short video of what to expect:

https://youtu.be/n93eoaxhzpU?feature=shared

Whatever the outcome, please remember to report back on how the day went, with as much detail as possible.

@notagain, how did your case go?