EXCEL AT SCAMMING v. BIGOT-JOHNSON (2018)
Bigot was on a crusade. He wanted Excel to drag him back into court simply to humiliate the company yet again , and expose their fraudulent practices to the world at large , such was his fervent desire to pursue justice for all motorists. This time he decided to purchase an orange ticket , despite having parked up in a blue bay. Inevitably he received the PCN demanding £100 for this gross violation of the company's latest addition to its parking terms and conditions.
Counsel for the plaintiff (CP ) : This time Bigot... Excel has got you by the short and curlies....
B-J : In your dreams......
CP : You failed to purchase a blue ticket which was necessary for parking up in the blue zone ? An orange ticket only entitles you to park up in one of the orange bays.
B-J : This scam is a complete con.....all Excel needs to know was that a ticket was bought for the correct money .....all this orange and blue nonsense is yet another requirement solely designed to entrap motorists.... and in particular colour blind ones...... into making mistakes........ given the fact there were 24 colour zones each requiring the purchase of a ticket at a particular designated machine.
CP : But you broke one of the contractual conditions, the moment your money entered the coin slot
B-J : An irrelevant transgression ......
CP : This was a grave and serious violation which puts the staff on site to a great deal of trouble and inconvenience having to register the hundreds of cars which have parked up incorrectly
B- J : But does it matter where a car has chosen to park up ? I think not. This is a pointless term and condition which no decent private parking company would ever consider introducing ....let alone enforce
CP : True......but Excel have a right to intoduce whatever terms it likes.......especially those which will boost the number of PCNs issued each and every week ........Moreover the company has a right not to act in a sympathetic and lenient way .....to be an out-and-out stickler for the rules
B-J : You mean.... the right to go about the illegal business of ruthlessly extorting money from innocent unsuspecting motorists .........whose transgessions cause no loss of income whatsoever to the company
CP : Yes ....you could put it that way........
B-J : Well , demanding £100.....using threats and intimidation......amounts to fraud. Firstly , each colour specific ticket machine should be conveniently sited as opposed to being miles away from where it should be. Secondly , Excel clearly set out make its greens and blues almost indistinguishable from each other ......also its yellows and oranges.....as well as making it almost impossible to distinguish its pinks from purples.
CP : Colour charts were displayed all over the site along with detailed maps of the car park..... each colour zone was clearly marked out along with the exact location of the particular ticket machine that had to be used
B-J : But all the small print was unreadable......and making correct colour identification was virtually impossible
CP : Such excuses don't cut any ice with Excel....motorists ought to carry magnifying glasses on their person..... and concentrate harder on what they are meant to be doing........if they lack map reading skills that's not Excel's fault
Judge : I'm shocked and appalled by this utter nonsense ......for Excel to argue that charging a motorist ( who has paid the correct fair ) an additional £100 is completely unjustified .... it all beggars belief. Therefore this £100 parking charge is without doubt wicked and unconscionable......to demand such money in these circumstances is tantamount to a fraud. Case dismissed
CP : But my client needs £20 to cover the costs of manning the car park and issuing the PCN
Judge : Then perhaps the claim for damages should have reflected this much smaller sum and not be set at extortionate level of £100. So just tell your client I have no time or sympathy for his greedy, money grabbing , thieving , racketeering operations...... indeed Excel's business model is one that the devil himself would been proud of......now please leave the courtroom..........and let me get on with giving Smart Arse Parking Services their comeuppence...... since their case is next on my hit list