In a recent case at the Manchester County Court, Excel Parking Solution Limited was ordered to pay a sum of £829.19 in costs. This case revolved around a client who received a notice to keeper that was served outside the stipulated period. Excel Parking Solution Limited pursued a claim against her, either as the registered keeper and or the driver of the vehicle.
Upon a detailed examination of the particulars of the claim, it was evident that the claimant was trying to recover costs alternatively from our client, attributing her as the driver due to the flawed nature of the notice to keeper. Recognising the inconsistencies, we promptly advised our client to engage our trusted solicitor partner to file for a strike-out application and seek a summary judgment against the claim as the registered keeper of the vehicle.
In their defence, Excel Parking Service Limited, represented by Elms Legal Ltd, contended that the application should be dismissed. They believed they had the right to cross-examine our client as the driver during the final hearing. However, their argument was swiftly countered by Mr. Jackson Yamba. He clarified that the primary litigation strategy was to seek a summary judgment against our client solely as the registered keeper, given the flawed notice to keeper.
The court, convinced by Mr. Jackson Yamba's representation on behalf of Lawrence and Associates Solicitors, granted the summary judgment in favour of our client. Consequently, Excel was directed to cover the costs amounting to £829.19.
This case serves as a stark reminder to parking operators. They must exercise caution and ensure the accuracy of their notices to keepers before initiating any claims against registered keepers. At Contestor Legal Services, along with our solicitor partners, we remain committed to defending our clients' rights and ensuring justice is serve