Excel parking ticket

abasker

I am in dispute with Excel over a parking ticket I received last November. I parked in a retail car park with my car over the bay lines. At the time I had my wheelchair using mum and 2 year old son with me. I was also 4 months pregnant. I wasn't causing an obstruction, and the car park was really quiet at the time. I needed to park like this to open the front door wide enough to transfer my mum into her wheelchair. Dispite writing to Excel to explain this, I have now received a "final Notice" from a solicitor threatening to take me to court in 7 days if I don't pay. Is this just an empty threat or am I going to end up in court? Also, if I do go to court, how much will I end up paying if I lose? Has anyone else won against this company? Any encouragement or advice will be welcome.

sarahg1969

There is a specific board for parking tickets.

Have a good read, and then file your ticket away. You'll get a couple more letters, then when they realise you're not falling for their scam, they'll move on to their next victim.

iolanthe07

Honest John in the Daily Telegraph suggested that in civil cases like this you might like to offer a reasonable sum, say £10, for what is after all at best a minor breach of contract. In the covering letter you can say that if they think this is not enough you will see them in court. You will hear nothing more. (Probably!)

molerat

If you do not send them any money or in fact any correspondence (moneysaving, £10 cheaper than your option :money:) you will get a few letters (at their cost) which will come in handy as toilet paper, paper aeroplanes or to light the fire with and you will still not end up in court.

BillTrac

What Sarah and Molerat said

You have just two options

1. Ignore Iolnthe07 completely
2. Ignore any correspondence from Excel

you are being sent an invoice not a fine, so you can happily ignore

And if in doubt go to the Pepipoo website.

taffy056

Completely ignore them, they are trying to scam you by sending empty thrests, they will not take you to court as they would lose, these so called tickets are unenforceable in law. And don't pay them a single penny as parking bays in private car parks are meaningless and the rules these companies make up are equally meaningless.

Enjoy keeping your money, and ignore all letters sent to you by bogus debt collectors and solicitors.

[Deleted User]

If like you say, the car park was quiet, then why didn't you park in a quiet spot where you wouldn't of need to park over the lines due to no other cars around. Parking over the lines is just inconsiderate to other car park users.

On the other hand, ignore all tickets.

iolanthe07

these so called tickets are unenforceable in law.

Actually they are enforcable in civil law under the law of implied contract, but I accept that these companies are very unlikely to pursue a claim because of the cost to them. They would not necessarily lose, but the amount they would be awarded would be far less than what they try to charge, which is why I passed on Honest John's advice.

Inactive

abasker wrote: »

I am in dispute with Excel over a parking ticket I received last November. I parked in a retail car park with my car over the bay lines. At the time I had my wheelchair using mum and 2 year old son with me. I was also 4 months pregnant. I wasn't causing an obstruction, and the car park was really quiet at the time. I needed to park like this to open the front door wide enough to transfer my mum into her wheelchair. Dispite writing to Excel to explain this, I have now received a "final Notice" from a solicitor threatening to take me to court in 7 days if I don't pay. Is this just an empty threat or am I going to end up in court? Also, if I do go to court, how much will I end up paying if I lose? Has anyone else won against this company? Any encouragement or advice will be welcome.

But you didn't have to leave it dumped like that.

wealdroam

iolanthe07 wrote: »

these so called tickets are unenforceable in law.

Actually they are enforcable in civil law under the law of implied contract, but I accept that these companies are very unlikely to pursue a claim because of the cost to them. They would not necessarily lose, but the amount they would be awarded would be far less than what they try to charge, which is why I passed on Honest John's advice.

I think you are probably right.

However, they are only enforcible against the other party to the implied contract... i.e. the driver. They do not know the driver. They can find out the registered keeper from DVLA, but the registered keeper is under no obligation to supply the name of the driver to them.

Also, if they ever find the right person to sue, they are only able to claim for actual losses. They have suffered no losses.

taffy056

iolanthe07 wrote: »

these so called tickets are unenforceable in law.

Actually they are enforcable in civil law under the law of implied contract.

But you got more chance of winning the lottery jackpot than these jokers taking you to court. They can only claim thier loses so in a free car park that would be nil, parking over the line or in a disabled bay means nothing in private car parks .

So that means for 99.9% of people that these tickets are not enforceable as private companies cannot fine you unless they are acting on behalf of an authority.