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Parking fine via excel parking

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Hi, my daughter used my car in March in Stockport centre near hobby craft - She used my disabled blue badge as I was with her, we have parked here quite a number of times with no problem - unbeknown to us they have changed the company and machine and you know have to put your licence plate number in........a week later an unpleasant surprise in the form of an excelparking fine arrived, I immediately appealed via email - today I was told that my email was unsuccessful and I have to pay. I vaguely remember a program stating these fines are unenforcible but obviously need some clarification. I went to a search engine and found your forum - my question do I have to pay? If I don't pay will I inevitably be dragged to court? Please help:A

Comments

  • ColliesCarer
    ColliesCarer Posts: 1,593 Forumite
    edited 30 April 2014 at 1:58PM
    No you don't have to pay but you mustn't ignore it either. The answer is to submit a second stage appeal to POPLA - you should have been given a POPLA code in your rejection letter - it's 10 digits
    BUT do not do so without understanding the legal arguments to be used in order to win.
    See the NEWBIES sticky thread especially post #3 and it's links for the advice and info you need to draft a winning POPLA appeal. (How to win at POPLA)

    https://forums.moneysavingexpert.com/discussion/4816822

    Then post it up here for help fine tuning it
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    here , I have changed the header as its not a fine, never was and never will be
    Parking charge invoice via excel parking

    if this is the peel centre , its a pay and display car park and has been so for many years , went 24/7 last year I believe, but not free to park apart from 15 minutes at KFC

    if you appeal was unsuccessful they should have included a popla code so you can appeal to popla

    is that included or have then broke the BPA rules by omitting it ?
  • Umkomaas
    Umkomaas Posts: 43,291 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Is this The Peel Centre?

    If so put Peel Excel into the forum's search engine and be prepared for some reading (although they all boil down to the same with virtually the same course of action being recommended).

    We get a Peel/Excel 'Help Me' thread almost every single day!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • moo67
    moo67 Posts: 2 Newbie
    thanks all,I contacted a friend whom works for a debt collection agency, she says,only legally enforceable agencies are government or council run even went as far as to advise me that if they continue to connect me I can get them done for harassment x
  • ColliesCarer
    ColliesCarer Posts: 1,593 Forumite
    edited 30 April 2014 at 4:26PM
    Your friend needs to familiarise herself with POFA Schedule 4 para 4 regarding registered keeper liability and the right to pursue the keeper for unpaid charges.

    That is very bad advice. Excel (and other parking companies) can and do issue County Court Claims and whilst Excel may not issue a huge number and they are very winnable cases - if you are one of the unlucky ones - and by the way not using your POPLA code will mark you out as a mug - it will involve you in months of hassle and paper work.

    You need to use your POPLA code to submit a POPLA appeal.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 30 April 2014 at 4:30PM
    @ moo , maybe so, but excel could still take you to court using the MCOL and let a judge decide

    read what post #2 said again
    No you don't have to pay but you mustn't ignore it either. The answer is to submit a second stage appeal to POPLA - you should have been given a POPLA code in your rejection letter - it's 10 digits
    please accept this advice given in here is being 100% correct, your friend is sadly mistaken although it is true that the debt collection agency cannot enforce this invoice, but excel can

    an ignorant friend is worse than no friend at all

    the tv programme (martin lewis on watchdog) you were referring to was 3 years ago and the law has changed since then
  • ColliesCarer
    ColliesCarer Posts: 1,593 Forumite
    Please take a look at these links by just three people who followed the ignore option or who submitted weak POPLA appeals based on circumstances and mitigation without understanding the legal grounds that are needed.

    https://forums.moneysavingexpert.com/discussion/4958715

    https://forums.moneysavingexpert.com/discussion/4886179

    https://forums.moneysavingexpert.com/discussion/4881758

    Do a search of the forum using Peel as previously suggested to find dozens of successful outcomes where people won at POPLA or where Excel cancelled when they saw a strong POPLA appeal.
  • Coupon-mad
    Coupon-mad Posts: 151,289 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 30 April 2014 at 5:55PM
    moo67 wrote: »
    thanks all,I contacted a friend whom works for a debt collection agency, she says,only legally enforceable agencies are government or council run even went as far as to advise me that if they continue to connect me I can get them done for harassment x
    Oh dear, what pointless advice from that friend - she is out of date. Please tell her the current position as she's wrong and people get sued occasionally if they ignore or write a uselessly weak POPLA appeal. You risk a small claim if you don't follow our advice, look, here's someone who didn't check how to beat Excel at POPLA:

    https://forums.moneysavingexpert.com/discussion/4881758

    ...please, wise up, learn from our links how to win at POPLA and JUST DO IT. If you throw away your chance of the Golden Ticket of POPLA if you now have a POPLA code in that rejection letter then...words fail me! We win 100% of the time at POPLA and have done for a year with a few magic words.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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