Excel ignored PCN advice

LoveNorfolk

It was a private car park managed by Excel. I parked in a space - nothing was marked or stated that it wasn't and paid for my ticket - which I still have and did not stay over the time. I cannot cause an obstruction unless cars wish to drive into a fence!

So I need to send an appeal letter to Excel or the debt collectors or who?

Redx

LoveNorfolk wrote: »

It was a private car park managed by Excel. I parked in a space - nothing was marked or stated that it wasn't and paid for my ticket - which I still have and did not stay over the time. I cannot cause an obstruction unless cars wish to drive into a fence!

So I need to send an appeal letter to Excel or the debt collectors or who?

you are asking these questions 9 months too late

either you pay up in full or ignore until a LBA or a LBCCC arrives, as per lazydaisys instructions

LoveNorfolk

Guess I'll end up waiting. I do not have that kind of money. If such space is not an authorised area of the car park to park in, they need to indicate such!

Latest letter from Debt Recovery Plus Ltd reads:

Notice of intended court action - unpaid parking charge £149.

They have not received payment yet, blah, blah, blah.

To prevent the case being passed to the creditor's solicitor to commence court proceedings you must pay the full amount by 9/12/13.

If you don't pay they will pass the file as above with recommendation to commence court action against me.

If it goes to court and I am ordered to pay the parking charge, they may seek to recover additional costs as well as the parking charge. These amount to court fees of £15, solicitors costs of £50 and interest of 8% per annum.

I can handily visit their website to view court judgements against people who haven't paid.

I would upload all the letters and PCN that I have received but it won't let me as I'm a newbie.

Redx

LoveNorfolk wrote: »

If such space is not an authorised area of the car park to park in, they need to indicate such!

in that case you need to prepare your evidence for any LBA letter or LBCCC letter , so that if they take you to court you can persuade the judge himself or herself, as its him or her you need to convince , not us

we know what these people are like , I am currently fighting one for a relative and awaiting the POPLA appeal (as I had the appeals sent in within the correct timescales just to avoid the problems you are having)

Coupon-mad

What did you learn from the 'successful complaints about PPCs' sticky thread as well? Especially worthwhile if it was a customer car park and you were a customer.

If you read my thread 'newbies...read this first!' as first mentioned above, you would also have seen I have a whole paragraph with links, about DC - debt collectors' and also what to do if you are too late to appeal.

It's all covered already - the 'stickies' are stuck at the top like a noticeboard - and you have options. Just read the 'newbies' thread a bit slower maybe and only have one link open at a time as you read through. I realise there's a lot of info there but it's not hard to understand and we can't reply like this, day in day out, ad infinitum. It has been getting silly on here - far too many 'help what do I do?' clueless threads - and people simply need to read the information that we have collated first.

tykesi

LoveNorfolk wrote: »

Guess I'll end up waiting. I do not have that kind of money. If such space is not an authorised area of the car park to park in, they need to indicate such!

No they don't. The reason the roadways in the car park don't have space markings on is because they're not somewhere to park. Why should any other area you're not supposed to park have any markings?

Redx

or to put it another way, I am the freeholder at my house and my drive is private land

as the landowner I decide who parks on it

so if you park on it whilst visiting a neighbour I will get stroppy with you and demand you remove your vehicle

I could also take you to court for trespassing on private land

there are no markings or signs on my driveway , or anywhere nearby

I believe that all drivers need to take more care where they park and check the details , because normally they only have the right to park on the public highway, subject to byelaws and national laws and obviously not where its clear and signed that they shouldnt , or they can park on their own land or any private land that the landowner has given them permission for

I dont see any of the above in your case - putting it bluntly !!

I may sympathise with you, but you parked there and nobody else did it for you and if this means you trespassed on private land then that is up to you to deal with the landowner , regardless of what we say on here

but they may never take you to court although they have up to 6 years to do so !

LoveNorfolk

It was a standard car park, not any shops or a retail park or anything. Well it wasn't a roadway, I know you guys obviously haven't seen it, but there is a white line one side and a kerb the other - as many spaces in car parks are and a fence along the back going across the car park. With a car parked in the space next to me there is no possible way a vehicle could get through to where I was parked. If they did they would deserve a medal! The markings are there from it's previous use as it was once a much larger car park when it was for the factory.

I appreciate your advice and understand you don't want to have to keep repeating yourself. I shall leave it tonight and have a better read another day, it's not like it's going to get any better! lol

Thanks.

LoveNorfolk

I have been reading some of the other recents threads and have seen some replies of other people that are a little late to appeal. They have said that they have had a fake PCN and have so far ignored it. The one I received was a parking charge notice not a penalty charge notice. Does that change anything?

Also, on the fake PCN there is the correct info of
reg etc, but on the bottom part the person put my reg in the boxes wrong. That's the part you are supposed to return with payment. Details are correct on all following responses.
Thanks.

Redx

PPC call their parking charge notices a PCN in order to mirror what happens in the real world of councils and police where they use a PCN but the word is penalty , not parking (clever eh ? )

in some cases these ones issued by a PPC do not have the correct working on them due to the fact they cannot use certain words like penalty or fine, so they may not conform to the BPA guidelines etc (or even legal guidelines)

also some people take the mickey and call them a fake PCN becasue they are not the real ones issued by councils or police (in other words they are using a jokey derogatory terminology) like calling SKY sly , or virgin vermin etc

just accept that its actually an invoice for a perceived transgression which a PPC likes to use the same initials as the official ones used by the authorities

dont get too bogged down in the detail as it will become confusing

you have a private PCN , so not a penalty charge or fine

you need to focus on what you were told earlier, as regards evidence etc in case they send you an LBA or LBCCC