Excel parking charge

th2rec

Hi all

i am new to this forum site.
i have read alot of postings on this company and their bully boy tactics, and although i am reassured by them i would still like to reassure myself on a matter with these leaches.

in July 2011 i recieved a parking ticket from Excel parking in a retail park in Stockport, i wasn aware that it was a pay and display, as the carpark across the road allowed you up to an hour free parking.
to cut a long story short they wacked a ticket on me demanding £100 to be reduced to £60 if paid within 7days etc, i only realised it was a pay and display when i returned to my car with the ticket on the windscreen, i was away from my car for 13minutes.

I immediately looked for advice and also consulted a solicitor friend of mine who reasured me to ignore the charge notice as they cannot enforce the charge, only police and councils can do this.

however the problem that i have is that my car is infact a lease car through my employment, and they are being sent all these demands for payments, i have spoken with the leasing dept and told them to forward any information directly to me and not to respond or make any payments on my behalf which they have put on record, today they have now sent me the 'Roxburghe' letter, i have seen the process posted on here that they use and it is text book.
the dept they have sent the letter to though are now sayin that although they know about my dispute and the fact i will not pay, i must deal with it or they will have to forward my details onto them.

in the letter it also indicates at the bottom....... quote:

"we are fully aware of anecdotal information being presented via the internet and on various websites and you may well feel this guidance is worth following. We strongly urge you to seek independant legal advice rather than rely on these opinions, and we strongly respectively suggest you refer to the civil procedure rules part 31*, and more specifically parts 31.16 and 31.17."

can someone please set my mind at ease, as i have no intention what so ever of paying this scam, but as it is a lease car i would like some advice on what to tell them to do, i think they might feel a bit worried it will come back on them as they are now referring to Graham White who is their so called solicitors.

i have read many many forums regarding these people and also read up on this Graham White, and all tell me the same, however the threads that i have read are quite some time old, so any up to date information will be grately appreciated.

i would like to reply to my leasing company within the next day or so before the 10 days is up that the letter states, i dont want them passing any of my information on, although even if they did i would still ignore it

thanks, any advice will be grately appreciated

esmerobbo

Have a read of this!

http://menmedia.co.uk/manchestereveningnews/news/s/1458879_motorist-wins-18-month-ticket-battle-after-judge-agrees-stockport-parking-signs-were-too-small

Then ignore all future letters!

Graham White is a name Roxburghe use, the solicitor is one Michael Sobell who tried his first PPC court case last week and never turned up!

https://forums.moneysavingexpert.com/discussion/3518043

fb1969

th2rec wrote: »

"we are fully aware of anecdotal information being presented via the internet and on various websites and you may well feel this guidance is worth following. We strongly urge you to seek independant legal advice rather than rely on these opinions, and we strongly respectively suggest you refer to the civil procedure rules part 31*, and more specifically parts 31.16 and 31.17."

And para 31.1(2) states that that particular section of CPR doesn't apply to claims in the Small Claims Court - which is where they'd have to take the matter. http://www.justice.gov.uk/guidance/courts-and-tribunals/courts/procedure-rules/civil/contents/parts/part31.htm

And you've taken the legal advice that they recommend

Perhaps your solicitor friend would be prepared to write to them and point this "oversight" out - I am sure it is only an oversight, rather than a feable attempt to scare you into paying.

halibut2209

"We strongly urge you to seek independant legal advice"

You already did

I'd follow your solicitor's advice and ignore

The_Slithy_Tove

th2rec wrote: »

... or they will have to forward my details onto them.

You could point out that such action may put them in breach of the Data Protection Act (depending on what was in the paperwork/agreement you have with the lease company).

th2rec

thanks for your replies, i am grateful for your advice, and thanks esmerobbo for the link you have attached, it was very helpful.

so would it be fair to say that my lease company are under no legal obligation to provide my details to this cowboy?
as i say even if they did provide my details i would still not pay, so it is neither here nor there to me, but i jus dont want my personal details given out to people such as this.

i will contact my leasing department this afternoon, to make them aware of this situation, and i will also be checking the contract that i have with regards to whether they can forward my details on in occasions such as this, i know for police or council tickets they will have to forward this info on, but saying that if it was police or council i would have paid by now so they would not be put in that situation..

again thanks for your advice, it is very helpful and appreciated

grum13

My G/F got same and we worried too....that was a year ago and several threatening letters later nothing for ages

Just follow the great advice here do nothing

RENEGADE_2

"anecdotal information being presented via the internet and on various websites"????? What a bunch of thick lemons.

You are fully safe to ignore, make no mistakes there. The important thing is that your employer does not go and make the payment out of desperation because this did happen with a friend of mine (before I met him) and he is frightened to chase it back as they may lay him off the next time DCM forms are being issued (Don't Come on Monday).

Back to the "anecdotes", these forums simply explain the law to vulnerable individuals so how can those slow prats advise otherwise???? You're told that a landowner can seek losses and from the driver only which he in turn is responsible for identifying, now if this is wrong then why can't the pumpkins explain the actual grounds, and more importantly, why they never do court!

Coupon-mad

th2rec wrote: »

thanks for your replies, i am grateful for your advice, and thanks esmerobbo for the link you have attached, it was very helpful.

so would it be fair to say that my lease company are under no legal obligation to provide my details to this cowboy?
as i say even if they did provide my details i would still not pay, so it is neither here nor there to me, but i jus dont want my personal details given out to people such as this.

i will contact my leasing department this afternoon, to make them aware of this situation, and i will also be checking the contract that i have with regards to whether they can forward my details on in occasions such as this, i know for police or council tickets they will have to forward this info on, but saying that if it was police or council i would have paid by now so they would not be put in that situation..

again thanks for your advice, it is very helpful and appreciated

Different circumstances but read the example emails in this thread from pepipoo forums:

http://forums.pepipoo.com/index.php?showtopic=62531

They set out what the owner/keeper of a car should do with a fake PCN and the threatogram letters that follow = nothing. They are under no obligation to divulge who was driving (unless the PPC go a bit mad and issue a Norwich Pharmacal Order asking for the info). That's VERY rare, expensive for a PPC and requires a Court to agree that they can issue it. And even then it only means your company would then have to divulge the info. Not worth worrying about at all, almost unheard of, will not happen!

Show the lease company this article:

http://www.fleetnews.co.uk/news/2009/5/28/question-private-parking-fines-fleets-urged/30698/

And tell them you will not be paying, they have zero liability so together you should just ignore the whole scam.

th2rec

Hi there thanks for the recent replies, i am totally at ease regarding this charge thanks to all your advice, and i will not pay regardless of how many letters they send me.

i contacted my lease company yesterday and told them that they are under no obligation to give out my details to these people, i also attached a few statements and attachments, and informed them of my advice from my solicitor friend and also from on here, however they have gotten back and said that they will have to forward my name and address to take this off their data base.....
if this is their procedure and policy then thats fine as i still wont be paying anything that they send me.
they were informed that under no circumstances were they to pay this charge, to which they have not thankfully.

i cant understand why they even bother cause they cannot enforce these so called charges, but as stated in many other forums, they scare people into paying them and the majority probably do.

HO87

th2rec wrote: »

Hi there thanks for the recent replies, i am totally at ease regarding this charge thanks to all your advice, and i will not pay regardless of how many letters they send me.

i contacted my lease company yesterday and told them that they are under no obligation to give out my details to these people, i also attached a few statements and attachments, and informed them of my advice from my solicitor friend and also from on here, however they have gotten back and said that they will have to forward my name and address to take this off their data base.....
if this is their procedure and policy then thats fine as i still wont be paying anything that they send me.
they were informed that under no circumstances were they to pay this charge, to which they have not thankfully.

i cant understand why they even bother cause they cannot enforce these so called charges, but as stated in many other forums, they scare people into paying them and the majority probably do.

Write to the hire company and tell them that they are under no legal obligation to disclose your details to Excel. Tell them that you specifically do not want them to disclose your details and should they do so you will report them to the Information Commissioner.

And they are proposing to breach the Data Protection Act to "get it off their database"? That's not specified as an exemption in s.35.