Excel Again

cuckoo12

Hello Dear

I am victim of excel parking as well and got their notice in November 2013. I appealed against them but did not use standard format from your forum and acknowledged that I was driving with my two sons in the car and told them the reason why I could not display the ticket. Anyway they rejected my appeal and replied with POPLA code in december which I ignored and did not appeal to POPLA (dont ask me why probably due to stupidity), Since then they have written to me couple of times and today I have received another letter from their litigation deptt demanding 100 pounds otherwise threatening court action. I am thinking about paying them to get them off my back as I am feeling that I am getting very stressed with this whole process and this is affecting my work as well. Any advice

Redx

nothing you can do now as you have exhausted all the current avenues judging by your detailed post

you cannot name the driver as you have already done so, you have ignored the popla code so its out of time (28 days)

all you can do now is pay (I wouldnt) or wait for court papers or an LBC and then try to steer it back towards popla

it would have been easily beaten and over and done with by now had you used popla and appeals from here

Stroma

Popla was your get out of this, shame you didn't use it. In terms of what to do, have you complained to the retailer / service provider?

cuckoo12

Actually there was no retailer. I went to the car park but it was raining heavily, I had 2 very young children with me so I waited in the car for rain to stop which took much longer than I expected so I drove off. But in the whole process I exceeded few minutes more than the discretionary time

Stroma

Okay what to do is up to you , it's highly unlikely to go to court as they issue tens of thousands of tickets and very few claims. But you've been through popla and it increases the chances to be honest. Your next step is dependent on theirs. No point worrying about it unless it happens.

So just wait and see, pay close attention to anything with notice before claim, or a claim form. Come here immediately if it happens for further help.

cuckoo12

would the money they are asking for will keep on going up. It started with 60 and now it is 100 pounds, how much further it will go up before court action?

Stroma

It will not go above £200 if they take it to court and win, though a judge could in theory go above that, its not likely.

cuckoo12

Thanks for all the advice so far. The last letter they sent they specified that if the money is not paid until *** date then they may commence legal proceedings without any further notice. Is it still worth waiting?? Will I get any notice prior to them going to court.

da_rule

If the letter is compliant with the Civil Procedure Rules and could constitute a letter before claim (which it 100% will not be) then there is no reason for Excel to contact you again. But they probably will. If they don't then you will receive a claim form and particulars of claim and a defence pack from the court DO NOT IGNORE THIS.

Also, if Excel do send you a letter which contains references to the Civil Procedure Rules then don't ignore this either.

Coupon-mad

cuckoo12 wrote: »

Thanks for all the advice so far. The last letter they sent they specified that if the money is not paid until *** date then they may commence legal proceedings without any further notice. Is it still worth waiting?? Will I get any notice prior to them going to court.

Compare notes by pm with this poster who also ignored a perfectly good POPLA code (golden ticket to have stuffed Excel at the time):

https://forums.moneysavingexpert.com/discussion/4916537

What a waste - you both need to read up on the 'LBCCC Fightback' sticky thread linked under Crabman's 'parking stickies' post, top of the forum. Sounds like you both have Excel's version of a Letter before Claim which you MUST formally acknowledge and then respond to robustly, as zzzLazyDaisy explains in her thread.

cuckoo12

Thanks for your reply. I have gone through that post and prepared a cracking letter for Excel.
Lets see what happen next