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  • FIRST POST
    • Erinandi
    • By Erinandi 8th Jun 17, 9:18 PM
    • 3Posts
    • 0Thanks
    Erinandi
    Excel parking Cavendish Retail Park help
    • #1
    • 8th Jun 17, 9:18 PM
    Excel parking Cavendish Retail Park help 8th Jun 17 at 9:18 PM
    Sorry I know you all must be sick of newbies.....I have tried to read all sticky posts but am still getting confused and at the point of paying, but there is a little part of me that does not want to.

    So I got a notice to keeper. I know I did not drive the car that day as I was at work 75 miles away in Durham. I believe no ticket was bought. My first question is, is that an "unfair ticket"?

    I understand that I can say I was not driving but can they still pursue me as registered keeper? I can see that lots of cases been won at court level but what are the chances they will take me to court anyway. Excel seems to be reported here as better at winning etc

    After researching pofa it appears that excel may have gone against this? The parking happen on 9th May. Their issue date was 25th May. Does this mean that they can not hold me the keeper liable for driver?

    Tia
    Last edited by Erinandi; 08-06-2017 at 10:12 PM.
Page 1
    • Coupon-mad
    • By Coupon-mad 8th Jun 17, 11:24 PM
    • 46,883 Posts
    • 60,192 Thanks
    Coupon-mad
    • #2
    • 8th Jun 17, 11:24 PM
    • #2
    • 8th Jun 17, 11:24 PM
    I understand that I can say I was not driving but can they still pursue me as registered keeper? After researching pofa it appears that excel may have gone against this? The parking happen on 9th May. Their issue date was 25th May. Does this mean that they can not hold me the keeper liable for driver?
    Yes, you are correct, they served that NTK too late. You were not driving and you CANNOT be held liable for the charge.

    I can see that lots of cases been won at court level but what are the chances they will take me to court anyway.
    Excel don't generally win ANY cases against posters here. A high chance of court. Even higher chance you will win.

    Excel seems to be reported here as better at winning etc
    Show me a list of cases they won against one of our posters who we coached?!! Hint - I can think of none.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Redx
    • By Redx 8th Jun 17, 11:27 PM
    • 14,403 Posts
    • 17,972 Thanks
    Redx
    • #3
    • 8th Jun 17, 11:27 PM
    • #3
    • 8th Jun 17, 11:27 PM
    I may be wrong about this but I thought LAMILAD won twice in court against EXCEL for the same place ?

    so no idea where all these losses are, plus if you read pranksters blog today you will see they just lost 2 cases (3 in total) on appeal on this very point (keeper not the driver) , so their case against keepers just got a whole lot harder

    and in any case this one is ongoing at the moment there

    http://forums.moneysavingexpert.com/showthread.php?t=5594252
    Last edited by Redx; 08-06-2017 at 11:30 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Erinandi
    • By Erinandi 9th Jun 17, 1:32 AM
    • 3 Posts
    • 0 Thanks
    Erinandi
    • #4
    • 9th Jun 17, 1:32 AM
    • #4
    • 9th Jun 17, 1:32 AM
    Seemed to see on here that not many positive cases against excel posted as opposed to parking eye where people have posted more positive parking appeals. Now gone passed date of cheaper fine so ready to fight this.

    Do I use the pro froma from here or another site where I refuse to name driver and say I was at work and that to hold me against me they needed to have sent me the form before 14 days against Pofa?

    What evidence do I need to show I was at work? Have timesheet in excel but could fake? Could have signing in sheet in school but again how reliable is that?
    Last edited by Erinandi; 09-06-2017 at 1:46 AM.
    • Lamilad
    • By Lamilad 9th Jun 17, 9:27 AM
    • 678 Posts
    • 1,452 Thanks
    Lamilad
    • #5
    • 9th Jun 17, 9:27 AM
    • #5
    • 9th Jun 17, 9:27 AM
    Seemed to see on here that not many positive cases against excel posted as opposed to parking eye where people have posted more positive parking appeals.!
    I don't know what threads you're reading but they're the wrong ones.

    Maybe you're getting confused with the appeals process. Virtually no one wins an appeal to Excel whereas ParkingEye appeals can succeed at popla.

    In court it's a different matter - Excel almost never win whereas PE are difficult to beat in court.

    Read the NEWBIES thread and send the IPC appeal template. It will be rejected. You don't take up their offer of appealing to the IAS as it's a waste of time. Then you wait for the debt collection letters from BW Legal.

    You dont need to prove you were at work or anything else yet. Just follow the template where you will simply deny being the driver.
    • Coupon-mad
    • By Coupon-mad 9th Jun 17, 7:09 PM
    • 46,883 Posts
    • 60,192 Thanks
    Coupon-mad
    • #6
    • 9th Jun 17, 7:09 PM
    • #6
    • 9th Jun 17, 7:09 PM
    You are confusing appeals (people *lose*, because there is no appeal. So what?) and defences (people here win).
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • IamEmanresu
    • By IamEmanresu 10th Jun 17, 7:36 AM
    • 1,289 Posts
    • 2,374 Thanks
    IamEmanresu
    • #7
    • 10th Jun 17, 7:36 AM
    • #7
    • 10th Jun 17, 7:36 AM
    What evidence do I need to show I was at work?
    You sign a Statement of Truth and ask the judge to take your statement as such. If he thinks you are telling the truth, great. If he thinks you are lying then he'll tell you so - in their peculiar way.

    The sheet would be there to support that you are telling the truth.

    Judges have a refined sense of getting to the truth so best tell it as it is.
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.
    • Erinandi
    • By Erinandi 12th Jun 17, 11:28 PM
    • 3 Posts
    • 0 Thanks
    Erinandi
    • #8
    • 12th Jun 17, 11:28 PM
    • #8
    • 12th Jun 17, 11:28 PM
    Another quick question. Have cut and paste the letter into their appeals section on website but there is a drop down box with reason. None of those reasons match because I was not even in the car! Which one do I use? That I was not aware of pcn?
    • Coupon-mad
    • By Coupon-mad 12th Jun 17, 11:47 PM
    • 46,883 Posts
    • 60,192 Thanks
    Coupon-mad
    • #9
    • 12th Jun 17, 11:47 PM
    • #9
    • 12th Jun 17, 11:47 PM
    Any choice that does not suggest you were driving.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

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