£70 Parking Fine in non P&D Car Park

harryhound

Excel get a bloody nose in court, details in the Good Friday program here:

http://www.bbc.co.uk/radio4/youandyours/

frank_potter

A separate thread on Excel's court defeat here:

http://forums.moneysavingexpert.com/showthread.html?t=812129

joe1965

bluelagoon wrote: »

Not yet, but I will do shortly - believe it or not I do have other things to do in addition to posting here and issuing parking charge tickets.

Must be hundreds of the things with the time it's taking you to post them up.:rolleyes:

superscaper

Only 1% of parking tickets are appealed against, despite more than half of all appeals being successful
http://news.bbc.co.uk/1/hi/magazine/7318669.stm

Thought I'd actually add something that could be discussed rather than talking to a user that isn't even here, months after they left. Bit difficult to respond to statements and questions when you don't even visit the forum any more so have to wonder for whose benefit are the posts being made. :rolleyes:

sarahg1969

superscaper wrote: »

Only 1% of parking tickets are appealed against, despite more than half of all appeals being successful
http://news.bbc.co.uk/1/hi/magazine/7318669.stm

Thought I'd actually add something that could be discussed rather than talking to a user that isn't even here, months after they left. Bit difficult to respond to statements and questions when you don't even visit the forum any more so have to wonder for whose benefit are the posts being made. :rolleyes:

That article is about parking penalties, though, and not private parking invoices. The new regulations are irrelevant to private parking invoices.

superscaper

sarahg1969 wrote: »

That article is about parking penalties, though, and not private parking invoices. The new regulations are irrelevant to private parking invoices.

Ahh so that means it is impossible to discuss, whereas going on about a user that's no longer here is much more relevant.

joe1965

Bet they are still looking though. :rolleyes:
And why discuss parking penalties when this thread is all about private parking invoices? Bit off topic isn't it?

webstercom

Surprised? I wasn't... Rather than take me up on my offer of getting the court to decide, after a pause of three weeks my "debt" has been referred on to their collection agency, together with an unexplained (and at no time stated) additional £20 - so they now want £140.

So Excel think that by asking a collection agency to be involved I will believe that they have more right to persue me for this unjustified charge than they do? I wondered....

I called the collection agency, Commercial Collection Services and their IVR informed me my call would be recorded. How nice. After stating my details to the operator I informed him that for the 'avoidance of doubt, this call is being recorded', which thanks to VOIP and X-lite - it was!

I explained to them that I've contested this with them with a recorded delivery letter, for which they've signed, advising them that I will only respond to a court summons. Commercial Collection Services duly promised to close the account and pass it back to Excel with my comments.

So in three weeks time, or whatever it takes them, I'm sure I'll be providing an update.

sarahg1969

webstercom wrote: »

Surprised? I wasn't... Rather than take me up on my offer of getting the court to decide, after a pause of three weeks my "debt" has been referred on to their collection agency, together with an unexplained (and at no time stated) additional £20 - so they now want £140.

So Excel think that by asking a collection agency to be involved I will believe that they have more right to persue me for this unjustified charge than they do? I wondered....

I called the collection agency, Commercial Collection Services and their IVR informed me my call would be recorded. How nice. After stating my details to the operator I informed him that for the 'avoidance of doubt, this call is being recorded', which thanks to VOIP and X-lite - it was!

I explained to them that I've contested this with them with a recorded delivery letter, for which they've signed, advising them that I will only respond to a court summons. Commercial Collection Services duly promised to close the account and pass it back to Excel with my comments.

So in three weeks time, or whatever it takes them, I'm sure I'll be providing an update.

Tell the DCA that the debt is denied and they must refer it back to their client.

AlexisV

21 pages, so I thought I'd just reiterate the situation.

If you get a private (not council) parking ticket:

• Do not pay
• Ignore anything that comes through your door
• They will go away after 5 or 6 letters
• They will not take you to court
• They are unenforceable invoices, not parking tickets

If you contact them, you will be put onto the 'hooked' fish list and receive more letters before they go away, as well as wasting your time and a stamp. There is no 'appeals' procedure - these are private companies who just want cash. I personally wouldn't even recommend writing back when you get debt collection letters - debt collectors are powerless (don't confuse them with bailiffs) and the parking company ARE the debt collectors, using differently headed paper.

They are apparently issued under contract law. You see a sign that says 'Stay over 2 hours and you agree to pay £80' or similar. Contract law does not allow for penalties to be imposed, only damages. What are the damages for staying an hour over in a pay and display car park - a pound. That's all they could take you to court for. But of course, there's no profit in that, so they make up a fine of £80 or whatever. They do not have a legal leg to stand on - if they did they'd put £5000 on the sign. People are duped into paying the £80, whereas nobody would pay £5000. It's easy picking for these scamsters.

An example of a private ticket to ignore is below. Note the rubbish about Justice Acts and how appeals are genuinely perused (as long as you enclose payment!)