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Excel ignored PCN advice

edited 29 November 2013 at 2:47PM in Parking Tickets, Fines & Parking
53 replies 2.7K views
LoveNorfolkLoveNorfolk Forumite
193 Posts
edited 29 November 2013 at 2:47PM in Parking Tickets, Fines & Parking
Hi,

I have had a look round the various threads and stickies on this site and there is some good info, but I'm beginning to feel a little like I am going in circles, so I thought I'd bite the bullet and register and post for help!

I received a PCN from Excel earlier on this year (Feb), for apparently causing an obstruction - if you call the car being parked with the back of the car to a fence where no car could get through then I agree! :think:

Having gotten over my original shock (I have never received a parking ticket before and there were no markings saying you couldn't park there - I wonder how many other poor souls have been caught in this space!?!?!?) I got home and spoke to my Fiance and family and the same advice was it's a private company they can't enforce it. I have even spoken to a PCSO about the car park behind our work that they never patrol it and no one gets tickets and they can't do anything and he agreed! (Different company, same kinda warning signs, etc).

Anyway, going off subject here.

So I ignore the Parking Charge Notice as pretty much all the info says that I can find on the internet. I got the standard follow up letter from Excel, all brightly coloured and different fonts to put the frighteners up me. Ignored that.

While later I gets a letter from Roxburghe Debt Collectors at the beginning of June - expected as there was a list of what you would get and from whom and again I ignored it on the advice of family and what I could see on the internet.

I then received a letter from Graham White Solicitors at the end of June - another expected one from what I read on the internet. Funny how they are from the same address!

And it has been all quiet on the western front until beginning of November when a Debt Recovery Plus sent me a letter saying the matter had been passed to them. I again ignored it.

Then today I receive another letter from them saying they still haven't received anything from me.

I came on the internet for another look with their name included in the search and came across some pages on here saying that the advice to ignore has changed and has been as such for a long time. I must admit I'm a little worried having read that, but am so peed off with them I'm not paying anything. I have not replied to any letters as I have said, surely if they wanted to get me to pay they would not have dragged it on so long!? Either way, I guess it's a little late to get in touch!! I have photographic evidence of where the car was parked and that it was not causing an obstruction. It should be noted that on later letters after the PCN and the letter from Excel the contravention changes from "Causing an obstruction" to "Parking in an restricted area of the car park". Also, they amount 'owed' seems to go up and down depending on who sends the letter!

I should point out that on the original PCN my VRN was written once correctly and once incorrectly and on the 1st letter from Debt Recovery Plus they even omitted it - although it appeared on the second one.

The car park is an old factory one, so the spaces are there from before it was demolished. The car was parked between a white line and a kerb with the back of the car against a fence. There was a car next to it so no cars from the row behind could have gotten out that way, plus the fence is on an angle to the spaces so it's not like there is a 'row' for you to drive up. There are no markings or anything saying you cannot park there. It's is normally very full, so I wonder how many other people have parked in that space. Safe to say I've never been back since!

Cheers.

«13456

Replies

  • RedxRedx Forumite
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    I suggest you read the LBA and LBCCC threads as your charge is so old that its too late to involve a soft appeal or popla

    clearly they may have no authority to do this, no contract , the charge is not a GPEOL , all kinds of issues they may need to prove if they start a court action

    I would also heed any advice from the "regulars" on here like coupon-mad and lazydaisy, others too but they are 2 that come to mind due to the sticky threads

    it may help if you can find out the name of the landowner too, might be on the latters as "creditor" and see if they will drop the charge if you find it

    at the end of the day you could be taken to court for trespassing and asked to pay "damages" to the landowner

    because that is what it was , trespass - if it was anything at all

    I realise the advice has now changed so hope this has helped
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • Sorry to be awkward, but I don't know what the abbreviations stand for? :o
  • RedxRedx Forumite
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    Sorry to be awkward, but I don't know what the abbreviations stand for? :o

    neither does anybody else, which is why the sticky threads have them listed

    one such link is in my signature now

    the reason being its asked a million times a day, so you cannot expect members to keep writing it all out on each and every thread

    you did say you had read through the forum here ?

    you also said you had looked through the stickies too ?
    Excel ignored PCN advice Hi,

    I have had a look round the various threads and stickies on this site and there is some good info, but I'm beginning to feel a little like I am going in circles, so I thought I'd bite the bullet and register and post for help!

    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • Thank you, I have read lots of things, trying to find out what's going on, I've myself confused! :)
  • RedxRedx Forumite
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    what is going on is simple really

    you had the right to pay the parking charge - not done

    you had the right to appeal to the landowner (creditor) - not done

    you had the right to appeal to the PPC - not done

    if you had appealed to the PPC, and failed , they should have issued you with a POPLA code - not done

    then you could have appealed to POPLA using help from here and hopefully got the appeal upheld by POPLA - not done

    in the meantime , by ignoring it you always left yourself wide open to being taken to the small claims court by the landowner or his legally appointed agents - that is where you are at this moment , as this is the risk you ran by ignoring the PPC

    if you read the thread in my signature (a sticky thread by coupon-mad) you will find all the info you need - but its too late for most of it, so study most of the 8 sticky threads at the top of the forum
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • RedxRedx Forumite
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    I would assume you wait for an LBA to arrive or a LBCCC , then read through the lazydaisy sticky thread

    or you pay the debt recovery firm the amount they say you owe

    you wont be able to negotiate with them - its far too late for that in my opinion, although I am no expert , lazydaisy is

    read post #6 too, I summarised it for you
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • Howcome you could just ignore them in the past? What changed so much!?

    Without sounding childish, I would rather them take me to court. I don't have £149 and am positive they should have some kind of markings or something saying it isn't a space! The person I was with couldn't believe I got a ticket either as he couldn't see why it wasn't a space.
  • RedxRedx Forumite
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    Howcome you could just ignore them in the past? What changed so much!?


    those details are in the red notice above the sticky threads , so now read that , lol
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • Sorry guys, I seem like such a numpty! I have read through that but I think I need to sit down and read them through probably again!

    I found this in LazyDazy's sticky. So the letters are from a Debt Collection place. So am I reading this correctly that I can either ignore or contest?

    If you are getting letters from debt recovery company you can continue to ignore, even if their letter says 'notice of intended litigation'. A debt collector can't take you to court. Only the PPC (or a solicitor acting on behalf of the PPC) can do that.
  • RedxRedx Forumite
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    Without sounding childish, I would rather them take me to court. I don't have £149 and am positive they should have some kind of markings or something saying it isn't a space! The person I was with couldn't believe I got a ticket either as he couldn't see why it wasn't a space.

    if that land is private , and if you parked there without the landowners permission, you committed trespass and could be taken to court by the landowner or his agents like maybe the PPC or whoever is appointed by the landowner

    I appreciate where you are coming from but only you have seen the space and only you have seen the letters etc too

    nobody on here has those details so its not us you should be asking , its your own solicitor if you want to go that far

    should they take you to court , you may get the answers you seek, but not the result that you want , if they win you will have a judgement against you and then enforcement , as is standard practice in all small claims
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
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