Excel Parking Fine

Ibsen3

It looks like I am one of numerous people fined by Excel Parking for parking in one of their 'zones' and have received a PCN. All of the research I've done so far includes the advice to not pay despite any letters that are sent and that they don't take you to court. The problem is that I really can't afford to get involved in legal procedures nor do I have the time for it.

I found lots of links but cannot post them here as a new user. However, just by Googling 'Excel Parking', here's what I found so far: BBC Watchdog report, Fightback Forums Advice, various Daily Mail articles such as "thousands could beat parking fines after judge tackles £766k 'Mr Clampit'" and "Judge quashes £300 parking fine...because it set out to 'frighten and intimidate' driver", Consumer Action Group Advice & JustAnswer.com Advice (apparently not a legit website, please beware).

My own particular case was in Middlesbrough behind the Cineworld cinemas which apparently serves the businesses of Middlesbrough Leisure Park (I dropped into McDonalds for a drink but otherwise didn't use them and I don't have a receipt for the drink). I parked just shy of the parking bays where a pay-and-display (P.A.D.) car park was being used and stayed for about 5 hours. Coincidentally, I was on a court visit at the time. I paid and displayed for the full day and left the car only to find the notice. Elsewhere in the P.A.D. section, there were loads of empty bays. Had I known, I would obviously have parked there.

I could make enquiries to these nearby businesses and also post up pictures of the signage, if needs be. The businesses include: McDonalds, 'American Golf' (?), Pizza Hut, Cineworld, Starters & Nandos (restaurants) & DW Sports Fitness Club.

I questioned the attendant who pointed out the small notice at the bottom of a large sign that pointed out that anyone parking more than four hours in the bays in front of the signs would be subject to a fine. He had filmed my car. However, there were also numerous white signs demarcating the pay-and-display area from the Excel Parking bays (I need to revisit to take a picture to find out just what they said) but, having noted the pay-and-display machine, I just went straight there and thought nothing of it.

I appealed and this was refused. I now have until 14th November to pay the extortionate £60 fine or this will be raised to £100. Despite the whole thing looking and feeling like a motorist trap, I do get the impression that there was quite a lot of signage (even if unclear) and that I fell into it quite neatly.

I'm hoping that by posting the above links and stating my case here that this thread will prove to be definitive advice on the matter and will help to put this concern to bed with finality for other people. Therefore, if the advice is as I hope and expect it to be (to ignore all letters), I promise to drop back to these forums in the event of the matter being finalised. I'm not keen on being a guinea pig but if it shuts the door on the matter then I'd feel proud to have helped drive such disreputable companies out of business.

However, as mentioned, I neither have the time nor the money for a fight. Could you please advise and also comment on whether the surrounding businesses are involved and whether you think they would be available for comment?

esmerobbo

When did you get the invoice? Excel have been banned from the DVLA from obtaining keepers details. If you have appealed you may have given them your address, if you haven't then just ignore it.

However Excel and their sister company VCS have had a few drubbings the last few times they have been to court.

Did they give you a code to take your appeal to POPLA?

HardWorker2010_2

Ibsen3,

You are taking these scammers far too seriously. By appealing you have given them your details - at the moment I believe Excel are banned from accessing the DVLA database for gross misconduct.

Excel scammers get banned by the DVLA

If you had ignored from the start they would have been screwed at the first hurdle.

BUT ALL IS NOT LOST

From now on ignore everything they send. Come back here for reassurance when their letters arrive trying to extort money from you.

ManxRed

The legal position is that you owe the landowner (not Excel) the cost of the overstay only. How much would the fifth hour have lost them in revenue?

You do NOT owe Excel a penny.

Its a shame you appealed, they are currently suspended from accessing the DVLA database so wouldn't have been able to send any follow up letters to you anyway and that would have been the end of it.

They won't take you to court, they know they'd lose. You wouldn't incur any legal costs anyway, you would get help preparing a defence from the experts on here. As I say, it won't come to that.

Cease all correspondence with them, and ignore all the letters until they eventually give up and go away.

bondy_lad

hi there, simple as this,, all the threat o grams you recieve over the next few days, this is all fuel to the fire,simply use them to light your bonfire on nov 5th, otherwise the ones that arrive after this date will have to be used as loo paper,thats about there worth,ignore excell scumbags,scammers of the first degree along with their FAKE invoices,worry not, feet up, a bit of parkin (no pun intended) enjoy the bonfire.

Ibsen3

Wow! What a fabulous response. Thanks a lot, folks.

I only got to read the invoice today since I've been away from home for a couple of days but the date on the letter is 31st October. I have their reference number too (described as a 'notice serial no.'). Within the letter, it includes the photo of my car with the noticeboard in shot and a form with instructions for appealing to POPLA. Is this a good course of action, do you think? And are the papers that they send likely to be reliable or do you think I should go to a website or phone number directly? Are there any other official bodies to go to for that extra level of reassurance?

It does, of course, mention that by appealing to POPLA I waive my right to the 'reduced' cost of £60. Nice touch, Excel!

Sadly yes, I gave them my name and address details. This was because, in their words, they were "unable to process your APPEAL/CHALLENGE without it."

As for the lateness of the response in turning to this website, well, disgust led me here. It was only just outraged suspicion before. I reckon I should stick around this place more often. Thanks for the encouragement and support. I'll stick with the ignoring policy for now and keep you updated. If I update my original post then maybe it will prove to be a useful case study for future reference.

Nevertheless, I'd consider making something of this if it proves feasible. I know people who work for the local paper, the Evening Gazette, and I could make enquiries with the businesses in question myself to do the legwork of the journalists. It would be nice to kick their asses but probably advisable to do so anonymously, at least for now. Then the paper might get a juicy expose...?

Coupon-mad

Oh dear, you read about the scam but missed the fact they are banned from getting data - and by appealing you handed them your details on a plate.

Never mind. No harm done, you won't be paying it of course, that really would be falling victim to the scam.

Either appeal to POPLA now - if the incident was in October in England/Wales? ...Or just ignore the letters and fight back by getting your friends on the Gazette to run this story but with a local 'tweak' to mention the car park you parked in:

http://www.walesonline.co.uk/news/local-news/ebbw-vale/2012/10/25/motorists-win-battle-in-car-parking-wars-91466-32090425/

Have Excel given you the POPLA verification code now they have rejected your 'appeal'? Was the incident in October, not the date of the letter, the date of the parking. If you do appeal to POPLA you cost the PPC £27 plus VAT and it costs you nothing - and it's only binding on Excel, not you.

Ibsen3

The incident was on 12th October. It's taken this long for Excel to get back to me after the so-called appeal but the letter of this 'invoice' is dated 31st October. I'd like to appeal to POPLA AND ignore / run the story tbh.

I wasn't sure at first what was meant by the 'POPLA verification code' but I presume it's the one on the form at the bottom consisting of ten numbers. The form asks why I am appealing and offers a tick box for: 'the parking charge (ticket) exceeded the appropriate amount' and 'I am not liable for the parking charge'. Do both of these apply?

The 'tell us your reasons' box seems a little tricky but I took inspiration from HardWorker2010's sig which states: "Actively spreading the word that 'parking tickets' issued by Private Parking Companies are not actually 'parking tickets' at all. They are unenforceable invoices as stated by MSE head Martin Lewis recently on TV." Do I need to say any more than that?

Thanks again for your help.

Coupon-mad

Review it when you have some replies here over the weekend. You can't really quote Martin Lewis as your appeal, it would be laughed at (even though it's true and is a scam)!

You need to wait for further advice when we get a mo over the weekend. But yes, that's the verification code and if you go to the POPLA site you can download the appeal form in readiness.

esmerobbo

While contemplating your appeal to POPLA have a read of this. The last time they tried court. It is VCS but that is the sister company of Excel.

http://forums.pepipoo.com/index.php?act=attach&type=post&id=16231

ManxRed

Get others to advise also, but your main points of appeal should be along these lines:

Tick the 'I am not liable for the parking charge' box.

Brief outline of what happened.

1. You do not believe that Excel have sufficient proprietary rights over the land in question to enable them to form a contract with the driver (VCS v HMRC) and hence cannot pursue you any breach of such a contract.

2. The amount sought is not representative of their losses, which were zero. This means that the amount sought represents a contractual penalty which is unenforceable under contract law (Dunlop v New Motor Garage).