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IPC appeal denied

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kfurfie05
kfurfie05 Posts: 35 Forumite
in Parking tickets, fines & parking
Hi all

My mum and I went out in her car and parked in Manchester and I used an app to pay for the ticket. Unfortunately, I forgot to change the registration on the app and bought a ticket against my car instead (I use the app regularly). We got a ticket from Excel for £60 (or £100 if we didn't pay within 14 days).

We appealed straight away and sent photos of the ticket bought, just against the wrong registration. It was denied. We went through the IPC and provided all evidence that a ticket was bought, just against the wrong registration, it was denied again. We appealed the dismissal (which went to the adjudicator and it was dismissed again as they said it is human error, which I do understand).

But I'm wondering, as Excel are a private company, I've read they cannot enforce this. But does this change now we've gone through the IPC?

I'm really stumped with this so hope someone can help!
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Comments

  • Redx
    Redx Posts: 38,084 Forumite
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    makes no difference if this had been ignored, appealed to excel, and/or appealed to the IPC

    Excel can try to enforce this and they do so daily in one or more courts up and down england and wales, especially stockport and manchester

    so yes they can try to enforce it

    google BARRY BEAVIS to see how he fared in 3 courts against Parking Eye

    you are now at the stalemate option, ignoring for 6 years unless you receive an LBC or an MCOL from Northampton

    Excel have 6 years to issue an MCOL, or to instruct a firm like B W LEGAL to do so on their behalf (which they do daily)
  • kfurfie05
    kfurfie05 Posts: 35 Forumite
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    Hi Redx,

    Thanks for replying so quickly. It looks like things didn't go well for him.

    I'll put the situation to my mum again and see what she wants to do. Pay up or continue the stalemate and keep fighting.

    Thanks again!
  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
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    edited 3 May 2017 at 11:21PM
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    Things do NOT go well for Excel against forum defences (ask Lamilad!) and if your local Court is Manchester, count yourself lucky! They and Skipton Court seem to have sussed the scam of PPC claims; here's the latest win, not Excel but typical:

    http://forums.moneysavingexpert.com/showthread.php?t=5566501

    Never fear. Paying them supports and sponsors this bunch of ex-clampers and Simon Renshaw-Smith is not worthy of your Mum's money:

    http://www.dailymail.co.uk/news/article-2713705/The-parking-ticket-fat-cats-one-s-chum-Prezza-two-drive-Aston-Martins-Meet-men-ve-millions-motorists-misery.html

    Honestly, do not pay, this is worth the fight. We've never seen an Excel case lost here where we assisted in the defence and the defendant was well prepared. This is very much a defendable case and there is no risk of a CCJ as long as court papers are not ignored. BW Legal run (ruin?) Excel cases!

    The IPC IAS ''decision'' isn't worth worrying about. Think of a small claims decision as the REAL appeal stage.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • kfurfie05
    kfurfie05 Posts: 35 Forumite
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    Hi everyone,

    I've received a letter today that states its a "notice of intended court proceedings".

    It's stating I now owe the full £100, threatening to obtain a CCJ against me, the works.

    What are my next steps? I'm getting a bit nervous!
  • Umkomaas
    Umkomaas Posts: 41,354 Forumite
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    I'm getting a bit nervous!
    Of what? Cojones!

    Is the letter from Debt Recovery Plus?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • kfurfie05
    kfurfie05 Posts: 35 Forumite
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    Umkomaas wrote: »
    Of what? Cojones!

    Is the letter from Debt Recovery Plus?

    Hahaha I'm usually one of those people who just pays to avoid the threatening letters!

    Right, I'll toughen up.

    It just says it's from Excel Parking, from Mark Robinson the Debt and Litigation Manager. It says the Deadline for Action is 26/06/2017.
  • Redx
    Redx Posts: 38,084 Forumite
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    looks like they are going to go ahead and take this to court , because as I told you before they can try to enforce this , but would have to persuade a judge , they have lost a lot recently, especially in greater manchester

    so treat it as an LBC and reply with a rebuttal to their claim. this may not stave off the inevitable but its the chance to put forward the fact that a ticket was bought yet again , so that you can show a judge you tried to reason with these morons
  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
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    Seconded, respond and expect a court claim. Expect to win.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • kfurfie05
    kfurfie05 Posts: 35 Forumite
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    Redx wrote: »
    looks like they are going to go ahead and take this to court , because as I told you before they can try to enforce this , but would have to persuade a judge , they have lost a lot recently, especially in greater manchester

    so treat it as an LBC and reply with a rebuttal to their claim. this may not stave off the inevitable but its the chance to put forward the fact that a ticket was bought yet again , so that you can show a judge you tried to reason with these morons

    Thanks everyone.

    Can I just ask what you mean by treat as an LBC? And how would I reply with a rebuttal?

    Thanks again for all your help! :j
  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
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    edited 25 August 2017 at 9:12PM
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    Just draft something in reply, stating they have no case and you have since discovered that IAS decisions are widely considered biased towards the parking operators, and that the IPC and their owners do not come to these matters with clean hands.

    Remind them that the tariff was paid and that their App failed to comply with the requirements for a distance contract. Had clearer information about the alleged 'contract' been supplied at the time of the transaction, as required in Consumer Law, you would never have agreed to pay a penalty AS WELL AS the tariff and would have noticed the VRN error, but they failed to transparently repeat the full contractual information to you, in the text data exchanged.

    State this is the very essence of an unconscionable penalty which was held by the Supreme Court in ParkingEye Ltd v Beavis, [2015] to be punitive, disproportionate to the small tariff and thereby, unrecoverable.

    Tell them to bring it on, if they think they have a cause of action, because at least small claims are not the kangaroo court that the IAS is widely known to be. And that you will not enter into further correspondence wasting your time, but will claim for punitive costs in your defence and Witness Statement, should they commence proceedings knowing full well that the tariff was paid, and knowing that their own App fails to set out the contractual details as required in law.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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