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EXCEL PARKING 'Final Demand Notice' Help/Advice Required:
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# 1
nitsuj
Old 05-10-2009, 5:11 PM
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Join Date: Oct 2009
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Default EXCEL PARKING 'Final Demand Notice' Help/Advice Required:

Hi,

I received a 'PCN' from Excel Parking about three months ago for 'not displaying a valid ticket'. I did actually purchase a ticket and displayed it in my vehicle as required. However at some point in my leaving and returning to my car it must have slipped down the dashboard, slightly obscuring it from obvious view. The ticket did not have an adhesive backing and was a flimsy piece of paper. I have tried reasoning with Excel Parking and have provided the proof of the ticket itself, but they are refusing to revoke the ticket and are now threatening me with court proceedings where I may be liable for their costs etc etc. I consider myself to be a law abiding citizen, but I feel extremely angry at their unreasonable approach and thought that once I had provided them with proof that I had purchased a valid ticket to park on their site that it would be the end of the matter, but they are insistent that I am liable and pay the fine. I'm not really sure where to go from here. I do not feel as though the PCN is valid, but I do not want to involve courts/bailiffs/extra costs etc. Please help. Thanks.

UPDATE/Fast forward to today: Having followed standard appeal procedures I have now received a 'Final Demand Notice' for payment prior to court action.

Basically I have 7 days to pay the 'full charge of the PCN - of £100 or, as they state:
"Faliure to pay this notice will result in court proceedings being taken against you which may lead to a warrant being issued to the bailiffs to recover payment/seize goods if you fail to settle the full balance of the judgement".

I would really appreciate some advice on this one please - their tactics seem very heavy handed and threatening and I am extremely worried that I am going to be liable for costs far beyond the original fine.

Thanks in advance.
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# 2
trisontana
Old 05-10-2009, 5:43 PM
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Join Date: Oct 2004
Location: Nottinghamshire
Posts: 8,113
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From now on ignore any correspondence from them. You made the mistake of contacting them in the first place, but you weren't to know.

They will not take you to court because they know that they haven't a leg to stand on. They have to prove to the judge that they have suffered a material loss and that is the only thing they can claim. It is illegal to ask for a penalty that has no bearing on the actual loss they have suffered.

You may get some more letters from "debt collectors" or "solicitors" but eventually they will lose interest in you and just go away.
I am an "internet guru" (copyright Stephan Hall @ UKCPS)
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# 3
Emily1990
Old 05-10-2009, 6:46 PM
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Join Date: Sep 2009
Posts: 76
Default

Quote:
Originally Posted by nitsuj View Post
Hi,

I received a 'PCN' from Excel Parking about three months ago for 'not displaying a valid ticket'. I did actually purchase a ticket and displayed it in my vehicle as required. However at some point in my leaving and returning to my car it must have slipped down the dashboard, slightly obscuring it from obvious view. The ticket did not have an adhesive backing and was a flimsy piece of paper. I have tried reasoning with Excel Parking and have provided the proof of the ticket itself, but they are refusing to revoke the ticket and are now threatening me with court proceedings where I may be liable for their costs etc etc. I consider myself to be a law abiding citizen, but I feel extremely angry at their unreasonable approach and thought that once I had provided them with proof that I had purchased a valid ticket to park on their site that it would be the end of the matter, but they are insistent that I am liable and pay the fine. I'm not really sure where to go from here. I do not feel as though the PCN is valid, but I do not want to involve courts/bailiffs/extra costs etc. Please help. Thanks.

UPDATE/Fast forward to today: Having followed standard appeal procedures I have now received a 'Final Demand Notice' for payment prior to court action.

Basically I have 7 days to pay the 'full charge of the PCN - of £100 or, as they state:
"Faliure to pay this notice will result in court proceedings being taken against you which may lead to a warrant being issued to the bailiffs to recover payment/seize goods if you fail to settle the full balance of the judgement".

I would really appreciate some advice on this one please - their tactics seem very heavy handed and threatening and I am extremely worried that I am going to be liable for costs far beyond the original fine.

Thanks in advance.
Your appeal was rejected because it was not considered by an independent body but the company itself, who obviously have an interest in rejecting your appeal. From now on, I would ignore them. The cost of taking you to court vs the chances of them winning (very low) mean they probably won't take further action beyond a few bullying letters to get you to pay.

It hacks me off that companies like this exist, I just think of all those people who don't know they can ignore these cretins, and are instead bullied into paying large amounts of money for no reason.
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# 4
trisontana
Old 05-10-2009, 6:51 PM
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Quote:
Originally Posted by Emily1990 View Post
Your appeal was rejected because it was not considered by an independent body but the company itself, who obviously have an interest in rejecting your appeal. From now on, I would ignore them. The cost of taking you to court vs the chances of them winning (very low) mean they probably won't take further action beyond a few bullying letters to get you to pay.

It hacks me off that companies like this exist, I just think of all those people who don't know they can ignore these cretins, and are instead bullied into paying large amounts of money for no reason.
I would even class this as "Demanding Money With Menaces" - a criminal offence:-

A person commits an offence if, with the object of coercing a person to pay money claimed from the other as a debt due under a contract he:

harasses the other with demands for payment which, in respect of their frequency, the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or his family or household to alarm, distress or humiliation
falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay for it
utters a document falsely represented by him to have some official character, or purporting to have some official character which he knows it has not
I am an "internet guru" (copyright Stephan Hall @ UKCPS)
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# 5
bargepole
Old 05-10-2009, 6:54 PM
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Join Date: Apr 2006
Posts: 1,519
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Quote:
Originally Posted by nitsuj View Post
... I am extremely worried that I am going to be liable for costs far beyond the original fine.
There never was a "fine" in the first place, private companies can't fine you, as I'm sure you'll realise if you read the other threads on here.

Excel have gone to court a couple of times, and lost spectacularly. Their letters are just threats designed to intimidate the unwary: as others have said, ignore all their rubbish, and they'll go away.
Speeding cases fought: 24 (3 of mine, 21 for others). Cases won: 20. Points on licence: 0. Private Parking Court Cases: Won 7. Lost 2 (1 subject to appeal). Adjourned 1.
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# 6
nitsuj
Old 05-10-2009, 6:58 PM
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Join Date: Oct 2009
Posts: 2
Default Thanks......

........Thank you all for your responses to my original post. Your advice is very reassuring and helpful. Regards, J.
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# 7
DaveF327
Old 05-10-2009, 8:03 PM
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Join Date: Dec 2008
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Even in the infinitesimal chance this goes to court, you already have the following facts which go in your favour:
Quote:
Originally Posted by nitsuj View Post
I did actually purchase a ticket
Quote:
I have tried reasoning with Excel Parking and have provided the proof of the ticket itself,
Quote:
I consider myself to be a law abiding citizen,
Quote:
their unreasonable approach
so you can stand up in court with your head held high and state the facts which absolutely blast any claim of "damages for trespass" completely out of the water. If I were you, I'd look forward to my day in court if only to spite them and milk publicity from it.


Quote:
I do not want to involve courts/bailiffs/extra costs etc.
The former will prevent the latter. If you do ever contact them again, I suggest the words, "bring it on!"
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