Excel parking- advice on their reply please

give_them_FA

Nick, having looked around a bit, it is possible that, far from being obliged to pay the parasites any more money, it should be possible to reclaim what you have paid.

Where money has been paid by mistake, the law of restitution will apply. You have a claim (enforceable in court) for the refund of any monies which you paid by mistake, i.e. in the mistaken belief that you were liable to pay them anything.

michelle040688

In response to the letter I sent that give the fa wrote a template for I have recieved this today:

Further to your correspondence recieved on the 4th February 2007, in connection to the above Parking Charge Norice. Despite further consideration of the circumstances we still have not found sufficient grounds to cancel the notice.
In your correspondance you have not raised any new issues that have not been previously answered. As no new points were raised the fact remains that you were parked in contravention of the Terms and Conditions put in place by Excel Parking Services Ltd on behalf of the land owner. On the day in question there was no Pay and Display ticket visible when the Parking Assistant observed your vehicle. In order for you to park in a Pay and Display car park you must purchase a valid ticket and display inside front windscreen of the vehicle with the details clearly visible at all times. It is not unreasonable to expect the motorist to adhere to the previously mentioned Terms and Conditions. Therefore, the Notice was issued correctly and the charge will stand.
In regards to the pre estimate of the loss, in the circumstances, we can confirm that the charges for this Notice are set in place by the lan owner whom Excel Parking Services Limited manages the car park on behalf of, and the charges are in line with the British Parking Associations Code of Practice for Parking Enforcement on Private Land and Unregulated Private Car Parks. The code requests that the Standard Parking Charge shall not exceed £75.00 and the maximum Parking Charge shall not exceed £150.00. As our charges follow this guideline they are deemed reasonable. A breakdown of the loss can be supplied upon request should this matter be taken further.

In regards to the issue of any claim of haressment, it must be noted that under the Administration of Justice Act 1970, the relevant Section 40 does not apply to anything done by a person which is reasonable(and otherwise legal) for the purpose of enforcement of any liability by legal process. Due to the fact that the aforcementioned contract was created, the driver has agreed to the Terms and Conditions including being liable for a Charge in the event of a contravention. To this end we are within are rights and acting in accordance with the Administration of Justice Act 1970.

The required payment of £100.00 is to be recieved within our office by the 22nd March 2012. Failure to comply may result in the isuue of court proceedings whereby further costs could be incurred.

Unfortunately no further appeals will be responded to, as all issues have been addressed and the final decision has been made.
Yours Sincerely
Mr C Bell
For and on behalf of the senior Manager

Just wondering the advice here now? And also the part of the letter recieved "February 2007". Ha just a tad out of date there!
Thanks
Michelle

trisontana

"A breakdown of the loss can be supplied upon request should this matter be taken further."

Of course they have not "lost" £100. What they are trying to do is factor in the day-to-day costs of monitoring the car-park. But those are fixed costs and nothing to do with loss. I am sure that a judge has already ruled that those costs cannot be included in the pre-estimate of losses. So just keep ignoring these clowns and stop contacting them.

give_them_FA

As that's their last word just ignore the idiots. They think you will pay because they have turned down your appeal? Show them they are sadly mistaken.

Collect the letters they send you and then we will see if they have given you grounds to sue.

Nothing but bullsh*t from people who could win the gold for England at that event!

And you need to remember that the British Parking Association has about the same authority or credibility as the British Burglars' Association. It is just the guild the scammers themselves have formed to try and give themselves a veneer of respectability.

Kite2010

"Due to the fact that the aforcementioned contract was created, the driver has agreed to the Terms and Conditions including being liable for a Charge in the event of a contravention"

Yes the driver has "agreed" to the T&Cs, but the registered keeper hasn't if the RK wasn't the driver.

Feb 2007 was when the template "2nd appeal reject" letter was wrote up

give_them_FA

Just to add Michelle that since your letter stated no further warnings would be given- don't give any. Collect any letters they may send you, and then come back for instructions on how to sue them if they have persisted.

I doubt they will, but they are a PPC and therefore fairly stupid.

trisontana

You seem to have got your facts wrong. For a start magistrates don't deal with county court cases, and those "successful" cases quoted are probably either made up or are default judgements because the defendant didn't bother to submit a proper defence.

Finally the parking companies still have to get over the hurdle of proving the identity of the driver if no contact is made with the PPC.

trisontana

I think Bonzerboy might be a PPC stooge. Yesterday there was a somebody called "TONY216 " over on CAG posting the similar rubbish. It turns out that he was probaly working for UKPC.

taffy056

10 cases a month going to court and successful is garbage, and in fact ukpc does not state that on their website or letters, so tell me bonzerboy where are you getting such information ? As for a ppc doing court it's very very rare, a handful out of literally millions of invoices issued annually . The only one doing court at present is UKCPS with Peter Haswell, they are abusing the court system and will come up very short on it.

trisontana

I see that Bonzerboy has deleted his posts!