Excel Parking - Smyth Street Wakefield

abbonce

Hello,

After reading much advice about the above, I would just like some current advice please. I have just received a fine from the above. Is it safe to ignore? I just assumed I could park for free in an area as it was late at night, but it seems many people have ignored the fines successfully.

Thanks in advance!!

Coupon-mad

abbonce wrote: »

Hello,

After reading much advice about the above, I would just like some current advice please. I have just received a fine from the above. Is it safe to ignore? I just assumed I could park for free in an area as it was late at night, but it seems many people have ignored the fines successfully.

Thanks in advance!!

Firstly it is NOT a fine!

Am I right in thinking that if you assumed this, then there cannot have been clearly-lit and readable signs at the entrance and at several places in the car park or private road?

The advice now is usually to challenge the legal basis of the charge and then to take the matter to POPLA independent appeals, which costs the PPC money and can be won on legal points. That then means the PPC is stuffed as the decision at POPLA is binding on them (but not you!).

My usual reply to newbies in post #14 here:

http://forums.moneysavingexpert.com/....php?t=4458671

Most important if you decide to appeal, is the lack of signage and the fact Excel don't own the road/car park, and you can then take your appeal to POPLA and make Excel show their site agreement/contract with the landowner.

You'd be best getting advice from here to word the POPLA appeal to be strong enough to win.

Or you can ignore the whole scam and just play snap with the letters that you will see linked in my usual reply. It's still an option but we advise it less now that we have seen a few PPCs try a small claim for a handful of 'ignorers'. Ignoring seems to put the motorist more on the back foot if ever a judge was to be involved (very very rare!) whereas POPLA is there and it costs the PPC money as well! What's not to like about that!

Your choice, ignore or appeal fully. The only exceptions are in Scotland (unless it's a hire/company/lease vehicle) or where it's a non-AOS member PPC (not Excel at the moment...) in which case ignore is the only option.


HTH

abbonce

Hi,

Been a while but could anyone help? I appealed directly to the company (Excel), and had not heard anything until last week where I received a letter from Newlin Bailiffs basically demanding £160 or it will go to court. This has me worried somewhat, as I hadn't heard anything in between. I moved house in April, but despite leaving a forwarding address, this is the only communication i've recieced since. Any help greatly appreciated.

trisontana

They are not bailiffs, they are just debt collectors.

Redx

abbonce wrote: »

Hi,

Been a while but could anyone help? I appealed directly to the company (Excel), and had not heard anything until last week where I received a letter from Newlin Bailiffs basically demanding £160 or it will go to court. This has me worried somewhat, as I hadn't heard anything in between. I moved house in April, but despite leaving a forwarding address, this is the only communication i've recieced since. Any help greatly appreciated.

this should have generated a popla code or a cancellation

if you have had neither, complain direct to the BPA that Excel have not followed their CoP

as stated above, no bailiffs have done anything unless you have had a CCJ at court issued against you, which I do not believe has happened in this case, its a simple DR letter designed to intimidate

its also not a fine (only a court can fine you), its a parking charge invoice

abbonce

So do I continue to ignore, or contact them and state this is the first communication I have received since I appealed.

Redx

abbonce wrote: »

So do I continue to ignore, or contact them and state this is the first communication I have received since I appealed.

everything you need to know is contained in the NEWBIES-READ THIS FIRST sticky thread near the top of this forum

the advice is much better now that it was 8 months ago

also, read post #5

abbonce

I only appealed to Excel but haven't heard anything since April, until now.

Redx

abbonce wrote: »

I only appealed to Excel but haven't heard anything since April, until now.

which is why they have not followed BPA guidelines, hence my reply that you complain to the BPA direct

abbonce

Will do, thanks!

Redx

good, once thats done read the NEWBIES thread so you get up to speed on this, also search the forum using the forum tools for similar threads that were given the same advice (even if its a different PPC)

the basic premise is that the PPC must cancel or issue a popla code and the RK should not have to ask, or be chased until the correct procedures have been followed

if you use the name clark as a forum search word you will see various hints at sending him non-compliance complaints

like this one here https://forums.moneysavingexpert.com/discussion/4821078

https://forums.moneysavingexpert.com/discussion/4775525

https://forums.moneysavingexpert.com/discussion/4735685

his details are also in the NEWBIES thread , fourth topic down at the top of this forum