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Excel Parking

This is a little different than the threads I've already read so hope someone can advise me.

About a month ago we received a parking fine (notice, call it what you will) through the post from Excel Parking. It had a small picture of our registration plate and the letter said that it had been recorded on the 23rd December in the centre of Sheffield, where I apparently had not paid to park.

Now I cannot prove it, but I was nowhere near Sheffield on that day. Apart from anything else, there's absolutely no-one and nothing that could persuade me to go into the centre of a city just 2 days before Christmas :eek:
My shopping is always done well in advance of the big day, so that I only have to venture to my local village shop for the last minute fresh foods necessary.

The photo was timed for 4.35pm and I was 25 miles away with the members of my group at 5.30pm. Although I could probably do this journey easily in half an hour at any other time, I think it unlikely on the eve of Christmas Eve.

We ignored the first letter, but have got another one today saying that the fine is now £100 and if we don't pay we will be facing court proceedings.

My instinct is to ignore this letter too, but thought I'd ask the experts first :D
I let my mind wander and it never came back!

Comments

  • bargepole
    bargepole Posts: 3,238 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Now I cannot prove it, but I was nowhere near Sheffield on that day. ...
    We ignored the first letter, but have got another one today saying that the fine is now £100 and if we don't pay we will be facing court proceedings.
    The onus would be on Excel to prove you were in that car park, not the other way round.

    Please don't call it a fine, that makes it sound legal, which it isn't. Excel did actually carry out their threat to take someone to court a couple of times last year; on the first occasion, they crashed and burned spectacularly (google: Victoria Hetherington-Jakeman) when the Judge declared they had set out to "frighten and intimidate". The other one involved a member of the pepipoo forums, who submitted his defence, and Excel didn't even turn up for the hearing.

    Trust your instincts.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • bargepole wrote: »
    The onus would be on Excel to prove you were in that car park, not the other way round.

    Please don't call it a fine, that makes it sound legal, which it isn't. Excel did actually carry out their threat to take someone to court a couple of times last year; on the first occasion, they crashed and burned spectacularly (google: Victoria Hetherington-Jakeman) when the Judge declared they had set out to "frighten and intimidate". The other one involved a member of the pepipoo forums, who submitted his defence, and Excel didn't even turn up for the hearing.

    Trust your instincts.

    Thank you. I know it's not a real 'fine' but I couldn't think of another word to use :rolleyes: . They have shown what they said is photographic evidence that we were there, but I know for a fact I wasn't. My husband is more concerned that we may have had our registration number cloned.
    I let my mind wander and it never came back!
  • bargepole
    bargepole Posts: 3,238 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    ... My husband is more concerned that we may have had our registration number cloned.
    If the photo shows your reg. no. and the car wasn't there, you should report that to the police - a cloned car might clock up speeding offences or legally enforceable Council parking tickets which you can't afford to ignore.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • hartcjhart
    hartcjhart Posts: 9,463 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I :love: MOJACAR
  • greenface
    greenface Posts: 4,871 Forumite
    Mortgage-free Glee!
    Keep ignoring let them keep on until they go onto someone else.
    have you seen the photo what does it show ? pop it up on here with all the details removed so we can have a nose
    :cool: hard as nails on the internet . wimp in the real world :cool:
  • greenface wrote: »
    Keep ignoring let them keep on until they go onto someone else.
    have you seen the photo what does it show ? pop it up on here with all the details removed so we can have a nose

    I can't scan the picture (scanner broken) but all it shows is the front of the bonnet with reg no and offside headlight. It is very a very dark picture and our car is dark blue so it could be that colour. However, they said it was taken at 4.30 on the 23rd December so there's not much light at all.

    Incidentally, if it makes a difference, there was no ticket (obviously, since I wasn't there) but are they supposed to issue one?

    My son says that the picture could have been taken at any time, in any place, which I suppose is possible, but that would make these people fraudsters and surely they wouldn't risk that?
    I let my mind wander and it never came back!
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