court action

victorias_dad

Why would going to court go against me, Excel are claiming I owe excel £100 I have appealed to excel and it would be them instigating court action. I have been lead to believe that only the land owner could take legal action, if excel don't own the land how can they take me to court and is £100 a fair estimate of their loss as I can't see how any loss as occurred as I had paid the required fee.
Now if you are telling me that excel don't have to own the land and can pursue me for the £100 or that they can in fact claim £100 of me then I will pay up.

Redx

clearly my words are falling on deaf ears as you seem to have an entrenched viewpoint

if and when excel do issue an LBC or court claim papers from MCOL at Northampton you will need to study the small claims process more closely and then what you have already been told will become clear

in a perfect world then maybe what you say has a valid ring of truth , but those of us on here can only go by what has happened previously to others who have received an LBC , and MCOL or Small claim from salford and those who have eventually gone to court instead of using an ADR

CEL are currently issuing small claims for these tickets going back 2 years, and Parking Eye issue thousands a year at the moment

there is a long pre-court process to deal with before it ever gets to court, you are assuming it will end up in court once papers are issued, but you will have a few hoops to go through before that court date arrives , so be prepared

nobody here is going to argue with you, I have told you my view and I stick to it based on the stuff I have read and you havent , including some transcripts and other legal stuff posted on here and elsewhere

maybe you should read parking pranksters blogs and court transcripts some time ?

but if you really want a legal view, pay a solicitor

4consumerrights

No need to pay up at this stage you have not answered the basic questions here:

Is this a debt collector letter threatening legal action
or
A LBC from Excel

Do you still have proof that you paid for the parking that day?

County court is a lottery - it is not cut and dried and depends on a variety of factors not least how confident you are in presenting and defending your case and researching a good defence.

The simplest options here are to:

Complain to the Peel centre that you were a genuine customer and paid for parking therefore therefore there was no loss to them - be forceful and demand they instruct their parking company to cancel this charge.

Then depending on what letter received - you will need to respond to Excel if it is a LBC as per Daisy's thread accessed via top sticky.

If the registered keeper was not the driver - then the simplest option is to name the driver and reset the clock - under POFA the RK can only be pursued if the driver is not known.

Now perhaps the answers to the questions raised by posters is in order to help you.

Stroma

Why the hell would anyone want to go to court? Don't you realise the absolute lottery of district judges and their decisions ? It's a 50/50 chance even with the best defences, that's why most parking companies stay well clear of it.

But though Excel do issue claims it's a minute proportion compared to tickets issued, last year 66 claims almost 100k tickets issued. The stats say it's highly unlikely, but that doesn't help if you are the ones picked.

If you have a chance to reset this then do so, popla appeals are two emails and job done, a small claim takes a hell of a lot more, plus you must attend in person. Why waste weeks of your time with research and eventually attendance at court if you can get it cancelled easily?

victorias_dad

Ok lets take this one step at a time can a ppc take court action over a ticket they have issued on land they don't own now as far as I am aware the answer is yes or no

Stroma

Yes they can, whether it's legal or not can only be argued at a hearing.

And for clarity this foi request outlines what the parking companies have done
https://www.whatdotheyknow.com/request/small_claims_from_bpa_aos_member_2#incoming-444525

kirkbyinfurnesslad_2

victorias_dad wrote: »

Ok lets take this one step at a time can a ppc take court action over a ticket they have issued on land they don't own now as far as I am aware the answer is yes or no

Yes they can, but from reading this thread why are you not following the previous GOOD advice given?

Coupon-mad

victorias_dad wrote: »

Ok lets take this one step at a time can a ppc take court action over a ticket they have issued on land they don't own now as far as I am aware the answer is yes or no

YES and they do so - Excel do sue people and have stated a plan to follow what PE are currently doing (8000 small claims issued by PE last year alone and they still have cases in court every single day and win MOST). Their modus operandi is the same as Excel and they don't own car parks either - and they never used to do court. Excel could up the ante at any point within the next 6 years on any case and they could issue loads of claims if they decided to.
That's why it's best to just win it at POPLA! Easy as pie, compared to court which is a lottery.

Ok lets take this one step at a time - our turn now - have you got a Letter before Claim from EXCEL or from a debt collector?

victorias_dad

ok perhaps the ppc maybe doing court, so let me word it this way are they winning? if not why not?

Coupon-mad

8000 small claims issued by PE last year alone and they still have cases in court every single day and win MOST.

Excel don't try many at the moment but that could change - and they win some and lose some (depends on the Judge, the defence, luck! etc.).

Whereas this is what happens with Excel when they see our POPLA wording:

https://forums.moneysavingexpert.com/discussion/comment/64901425#Comment_64901425

...they fold, don't even send evidence. Soooo easy it's like shooting fish in a barrel - what's not to like?