Excel Parking Charge Notice.

Robs_Mrs

So........My hubby and I went shopping. Parked up and got a parking ticket, and put it on the dash. We return, and we have a PCN. our ticket had blown onto the floor.

I did appeal this, and failed. The letter states, that it is our fault we didnt check that the ticket was displayed. Which i understand.

Now reading people's problems with the same company, I am wondering whether or not to pay the £60 fine. I did when i appealed, send the origional parking ticket off now, if anything happens i have no proof of purchase.

Please Help. ticket due to be paid on Friday

trisontana

It's not a FINE and you don't have to pay a penny. They can only claim for the actual loss they have suffered, in your case this amounts to a big fat zero, especially as you have paid the parking fee. Pleas stop contacting them from now on. It's not worth the effort.

Stephen_Leak

Many people have ignored them. The few people they've taken to court have won. Where's the problem?

Firstly, the legal stuff.

Only councils, the police, train operators and Transport for London can impose legally enforceable fines or penalties. A private company or individual can't. A private parking company (PPC) call their tickets “Parking Charge Notices”, not “Penalty Charge Notices”. In law, they’re called “speculative invoices”.

Any warning signs are usually so badly positioned and worded, that they won’t have created a fair and legally binding deemed contract between the car park owner and a driver entering the car park in the first place. See The Unfair Contract Terms Act 1997 and Excel Parking Services vs. Cutts, Stockport, 2011.

All the car park owner (CPO) can claim from a driver in damages for any alleged breach of any alleged contract is what they’ve lost as a result. If it’s in a free car park or the driver paid, this is £0.00. Demanding more has been judged to be unreasonable and therefore an unfair contract penalty under the terms of The Unfair Contract Terms Act 1997, which is not legally enforceable. See Dunlop Pneumatic Tyre Co. Ltd. vs. New Garage & Motor Co. Ltd., House of Lords, 1914 and countless cases since.

There are also now recent landmark court cases, VCS Parking Control vs. Ronald Ibbotson, S!!!!horpe, 2012, HM Revenue & Customs vs. VCS Parking Control, Lower Tax Tribunal, 2012 and VCS Parking Control vs. HM Revenue & Customs (Appeal), Upper Tax Tribunal, 2012. In these cases, the judges ruled that only the car park owner can take drivers to court. The Upper Tax Tribunal is a court of record, equivalent to the High Court, and therefore its judgement sets a legal precedent. (VCS is part of Excel.)

What should I do now?

We don’t condone not paying or overstaying in a pay car park. If you owe the CPO the original charge, then you ought to write to the CPO, offering this in “full and final settlement”. In any event, you should write to the CPO, advising them that they are "jointly and severally liable" for the actions of their agents, the PPC, and that any further actions by either of them would be regarded as harassment under the terms of The Protection from Harassment Act 1997. This ought to make the CPO call off the PPC and, hopefully, realise the potential cost of doing business with a PPC.

Don’t appeal to the PPC. They always reject them. What’s in it for them to let anyone off? Actually, there is something in it for them: information. They need to know the identity of the driver of the vehicle involved at the time, because that’s who the alleged contract was with. If they don’t know who the driver was, they have to make do with harassing the registered keeper.

With windscreen notices, an appeal letter will tell them your name and address, and maybe who was driving at the time. If they don’t know who the driver was, they have to buy the details of registered keeper from the DVLA. With postal notices, they’ve had to do this already. But they still need to know the identity of the driver.

They sometimes say that they have the right to ask for this information. This doesn’t mean that you have to tell them.

However, even if you’ve written and told them who the driver was, it just means that they can now harass the driver instead of harassing the registered keeper.

How will they do this to me?

The PPC, then a debt collector and then a solicitor will send you a series of letters. The debt collector and solicitor are usually also the PPC, but using different headed paper. These letters will threaten you with every kind of financial and legal unpleasantness imaginable to intimidate you into paying.

But, they can't actually do anything, for the same reason that a blackmailer can't take anyone who didn’t pay them to court.

What should I do then?

Continue to ignore everything you get from the PPC and their aliases. It does seem odd to deal with something like this by ignoring it. Eventually, they will run out of empty threats and stop throwing good money after bad.

BASFORDLAD

Don't waste your money . Ignore

bondy_lad

you have recieved a FAKE TICKET,its not real/genuine,,the legit one is called a PENALTY charge notice,issued by police/traffic warden,you do not have this,,the FAKE one is called a PARKING charge notice,, you have this, its a FAKE,not legit so IGNORE,full stop,, read the stickies on what letters to expect for further reassurance, relax now, chill, feet up, glass of wine,enjoy the olympics on tv.

Coupon-mad

Robs_Mrs wrote: »

So........My hubby and I went shopping. Parked up and got a parking ticket, and put it on the dash. We return, and we have a PCN. our ticket had blown onto the floor.

I did appeal this, and failed. The letter states, that it is our fault we didnt check that the ticket was displayed. Which i understand.

Now reading people's problems with the same company, I am wondering whether or not to pay the £60 fine. I did when i appealed, send the origional parking ticket off now, if anything happens i have no proof of purchase.

Please Help. ticket due to be paid on Friday

NO IT IS NOT DUE TO BE PAID! IT'S NOT EVEN A REAL PARKING TICKET LET ALONE A 'FINE'! :rotfl:

You are not liable to pay and you must not 'appeal' either. This is a private company with an unsolicited invoice, dressed up to impersonate a parking ticket.

Tick off the threatening letters Here.

Watchdog clip with expert Solicitor's opinion here.

Barrister's opinion here.

Please follow and read those links, now, so you know what it's all about and can just play a nice game of snap with the template threatogram letters.

Nothing else will happen, it really is just like deleting a series of phishing emails.


HTH

bakewell_tart

I too recieved a parking charge notice at the Peel centre on Thursday, 1st and last time I will go there!! As stated in other posts the signage is abysmal and would i have known it was pay and display at what I belive 50p now I most certainly would have paid it. Ive spoken to a friend whom works for Stockport council and he has advised to pay as they are like "the gestapo" I now don't know what to do, I am not down as the registered keeper so the letters as such will go to my partner, I have seen all the youtube links and also someone who'd paid on line to a barrister for advise re these so called invoices, anyone with more upto date info please?

trisontana

Your friend is wrong. They are not the "Gestapo" they are just a bunch of powerless individuals with no more right to demand money off people than you or I. Excel got a thrashing in court over that car park and will not try that trick again. Just ignore them

BASFORDLAD

Tell your friend to go back to school or better still tell them to come on here and wr can teach them

bondy_lad

bakewell_tart wrote: »

I too recieved a parking charge notice at the Peel centre on Thursday, 1st and last time I will go there!! As stated in other posts the signage is abysmal and would i have known it was pay and display at what I belive 50p now I most certainly would have paid it. Ive spoken to a friend whom works for Stockport council and he has advised to pay as they are like "the gestapo" I now don't know what to do, I am not down as the registered keeper so the letters as such will go to my partner, I have seen all the youtube links and also someone who'd paid on line to a barrister for advise re these so called invoices, anyone with more upto date info please?

you cannot be serious(who once said that???),,anyway you have absolutely no right to get a ticket on my patch,,not interested if you wont go there again, what ime interested in is WHY you are considering paying a FAKE ticket? i spend many hours in the peel centre car park educating unsuspecting motorists about this SCAM carried out by the rogues excell parking,if you have read all the info on here , why in heavens name are you considering what your mate who works for stockport(we dont cut tress or collect waste anymore) council says,,like the GESTAPO says he,,rogues/cowboys/scum says me is what they are,,you have recieved a PARKING charge notice which is FAKE ,,only a PENALTY charge notice is genuine and must be paid, you dont have this,read the stickies on what letters to expect,, from a) excell,,b)roxburghe (we have zero powers) debt collectors and c) the phoney solicitor graham(i am deffo not a solicitor) white,,all are part of the same SCAM, coincidentally share the same office,, and the same person puts all the letters in the envelope, hoping you will fall for it,,so there you go,, advice =IGNORE,,but hey if you want to pay a SCAM,,feel free,as nothing will/can happen as a result,other than making exspell alot richer and you are laughing stock in their office for paying,but if you do they will see you as a SUCKER and hound you for more money,its up to you,do i pay the SCAM or keep my hard earned cash,, a NO BRAINER.

bakewell_tart

Excel can go forth, my partner has now looked at all the info and is happy to recieve whatever letters are coming our way!! A few people have stated that they have recieved telephone calls, when does this usually start? Also question Bondy lad have you ever recieved one of these said tickets?;)