excel parking services limited

pineapples

ok so im reading alot about these parking companies etc

I received a ticket today which was nicely slapped on my driver side window stating I left the area of which the carpark was for. I returned after 20 mins.

The sign I read stated I had 4 hours free charge with a no return within 2 hours time scale. the rest of the sign I could barely make out and I was parked next to it.
I didnt read anywhere that I would be fined if I left the area or by how much I would have been fine or I would have parked in a different part of the car park.

All I did was nip over the road to a job interview and was no more than 20 mins. the ticket states I was filmed leaving the area. many other people have done the same but also used to facilies in the "park" and they have been ignored and being forced to pay anyway (well they havnt)

But basically from what i have been reading there is a lot of companies that like to claim money but take no legal action in doing so and its a scam etc etc

I have also read about excel and most people generally dont pay and just seem to receive letters

Any advice on this company who people have dealt with already? im aware I may have rambled a little

Thanks in advance

ManxRed

Legally, the landowner (not excel) is entitled to pursue the driver for their actual losses/damages.

In a free car park this is zero anyway.

Ignore Excel and their scary letters.

pineapples

Is this the deal with this company aswell though? this is my first ticket in 4 years driving. for a silly mistake, which I was going to pay but from reading things further I get the impression that if its not council enforced its basically a load of !!!!!?

Stephen_Leak

Only councils, the police, some train operators and Transport for London can issue legally enforceable fines or penalties. A private ticketing company can't. What they issue are “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 with a driver entering the car park in the first place. See The Unfair Contract Terms Act 1977 and Excel Parking Services vs. Cutts, Stockport, 2011.

If we assume that there is a contract, all the car park owner can claim from a driver in damages for an alleged breach of a 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 1977. See Dunlop Pneumatic Tyre Co. Ltd. vs. New Garage & Motor Co. Ltd., House of Lords, 1914 and countless cases since.

There are also now 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. (VCS are part of Excel.) In these cases, the judges ruled that only the car park owner can charge for parking and take alleged offenders to court. The Upper Tax Tribunal is equivalent to the High Court and, therefore, its judgements set legal precedents. No private ticketing company or car park owner has taken any alleged offender to court since.

There’s no point appealling to the private ticketing company. They usually reject them. What’s in it for them to let anyone off?

The private ticketing company, then a debt collector and then a solicitor will each send you a couple of letters. The debt collector and solicitor are usually the same people, but using different headed paper. Unfortunately, these letters will threaten you with every kind of financial and legal unpleasantness imaginable to try and intimidate you into paying.

Continue to ignore everything you get from them. Eventually, they’ll run out of empty threats and stop throwing good money after bad.

ManxRed

pineapples wrote: »

Is this the deal with this company aswell though? this is my first ticket in 4 years driving. for a silly mistake, which I was going to pay but from reading things further I get the impression that if its not council enforced its basically a load of !!!!!?

What I've quoted you is the legal position.

The law isn't applied differently for different companies. They all have to follow the same laws/rules!

Council tickets are issued under specific legislation. Private companies rely on civil law, which is what I've explained to you above.

pineapples

Yeah thanks for all this I know alot of people have been posting about these car park fines so it must be frustrating reading another.

It just seems daft that if they cant enforce any legal action how they can place fines in the first place?

ManxRed

They can't. They're not fines.

They are speculative invoices inviting the recipient to settle a debt which doesn't exist. Its like me coming up to you in a pub and claiming you owe me a tenner. Legally you don't need to pay me, because legally you don't owe me anything.

It doesn't stop me asking though.

They are simply asking. If enough fools pay up without questioning whether they are legally required to pay then it makes it worthwhile for the parking company to do it.

Legally though, they cannot force you to pay. Well, they could try I guess. They'd lose. Badly. They know this.

Don't pay it.

Stephen_Leak

pineapples wrote: »

Yeah thanks for all this I know alot of people have been posting about these car park fines so it must be frustrating reading another.

It just seems daft that if they cant enforce any legal action how they can place fines in the first place?

Simple. It's not a fine. It's a speculative invoice.

pineapples

hmmm. I think I'll go back to the car park and look at some signs etc to see if I've actually got a point. I did leave the area but unknowingly as did I know I could not leave the area.

I have 7 days anyway but £60 is a ridiculous fee.
thanks to both of you

SodG24

pineapples wrote: »

hmmm. I think I'll go back to the car park and look at some signs etc to see if I've actually got a point. I did leave the area but unknowingly as did I know I could not leave the area.

I have 7 days anyway but £60 is a ridiculous fee.
thanks to both of you

Save your time and fuel and just ignore them. The so called "contract" is not legal.

ManxRed

£60 is not only ridiculous, but as we're trying to tell you, its legally unenforceable.

There is nothing in English Civil Law that says you have to pay a penny of this charge.

If you ignore the ticket, and all the follow up letters, then eventually the parking company will have no choice but to leave you alone and move on. Legally you owe them nothing, and they know this.