Excel Car Parking Ticket Stockport

kav99disco

Hi all

I have just received a letter in the post this morning regarding a parking ticket. I have NEVER received a ticket and have never ignored a ticket. The alleged offence happened on 13.02.2011 and this is the first that I have heard of it.

In all honesty, I do cannot say whether I definitely had a ticket, I mean I usually do just because of these charges. However, I was not the only driver of the car, I have asked my husband and he too has said that he doesn't know anything about it and I believe him.

They are alleging photographic evidence although they haven't sent any with their 'Notice to Owner of Intent to Issue Court Proceedings'. They have alleged that the 'claim' of £100 is because we did not take up their first discounted offer, but this is the first time we have heard anything about it.

We have since got rid of the car.

The solicitor's and court costs are £80, and being a solicitor myself (although have no experience of this) I am very tempted to call their bluff and go to court if it's only £80 more and I feel pretty certain that a Court would find in favour given that I cannot dispute a alleged parking offence when it's more than 5 months later!

I was just wondering whether anyone in Stockport had any experience of Excel and whether they had disputed charges and how to proceed. I know that the advice is ignore ignore ignore but these posts were 2 years ago and if my Defence is that I did not know and this is the first I've heard then should I not respond?

Any advice would be much appreciated.

Thanks

sarahg1969

Take a look on the parking tickets sub board. You'll see that you can safely ignore it. As a solicitor, you'll know that under contract law, all they can claim is what they've lost, which in a free car park is zero. They cannot charge you a penalty, and £100 would definitely be considered a penalty.

Anyway, it's unlikely that Excel will go to Court. They've been spanked in the past.

http://www.dailymail.co.uk/news/article-542355/Judge-quashes-300-parking-fine--set-frighten-intimidate-driver.html

Shame it's referred to as a fine, but still gives you the picture.

JQ.

You need to check who actually owns the land. There are several car parks that are owned by the Council but operated by Private Companies in Stockport - I'm pretty certain the car park at the Peel Centre is on Council land.

The ignore, ignore, ignore advice only applies when parked on private property.

JQ.

sarahg1969 wrote: »

You'll see that you can safely ignore it. .

Does that apply to Council owned land?

sarahg1969

JQ. wrote: »

Does that apply to Council owned land?

No (as you've already said yourself in your previous post), but the "Notice of Intent to Issue Court Proceedings" suggests that this is not a PCN, as does the mention of court fees and solicitors' costs.

vax2002

Ignore it and ignore all the "silly letters" they will send, it is a scam.
They can not charge you a penalty they are a private company, if you don't know that as a solicitor, then you worry me !
It is an invitation to pay a private invoice.
Ignore them and get ready for a host of complete and utter bull$hit letters threatening to throw your new puppy in the plastic shredder, well not quite but no less silly..

kav99disco

It was the Peel Centre. How do you find out if it's council owned? It also says on it 'Liability for the Parking Charge Notice (PCN) lies with the driver of the vehicle'. Later on in the letter it again states that it is a Parking Charge Notice, does that mean that it's not council land?

Just also noticed where it states a 'Parking Charge Notice was duly served' which is funny because this is the first I know of it and it was definitely not served.

Don't let it worry you Vax, we are not all up on every aspect of the law. We have what's known as specialisms...and lives!

Many thanks for the posts.

sarahg1969

It's a parking charge notice, and they refer to issuing proceedings and solicitors' costs and court fees.

It's therefore not a council ticket, and you can safely ignore it.

JQ.

kav99disco wrote: »

It was the Peel Centre. How do you find out if it's council owned?

A quick Land Registry Search will tell you who owns it. It will either be Peel or the Council who own it - as above, safe to ignore if it's Peel.

sarahg1969

JQ. wrote: »

A quick Land Registry Search will tell you who owns it. It will either be Peel or the Council who own it - as above, safe to ignore if it's Peel.

That would be useful if the OP ever receives a genuine penalty charge notice. However, in this case, it's unnecessary, and the OP can ignore.

vax2002

It makes no difference who "owns" the land this is seeds planted by PPC stooges.
A ticket that is not issued under devolved powers from the secretary of state is a private parking ticket regardless of who owns the land.
A penalty charge notice will be marked as such and will carry the details identifying it as such it will be marked
Penalty charge notice or fixed penalty notice.
It will have the offence code
Anything else is a parking charge notice or a scam or both.
If in doubt call the local authority main switch board via the number on the councils website and ask to be connected to the parking ticket office, they will soon tell you if it is one of their tickets.
Advice is always to Ignore Private Parking charge notices because as seen many many times if you pay them hoping for it to be "just over and done" they come back for more money time and time again until they bleed you dry or you finally wake up and fight back to the bullies.