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Excel Parking Southport

Having ploughed through all the advice on here (very comprehensive and informative so thank you) im now at the point where im really unsure as to what to do

I parked outside Iceland in Southport at around 7pm when it was closed and didnt see the parking notice untill i returned, i appealed the notice on the grounds that the fee was totally disporportionate to the time i stayed in the car park and the store was in any case closed. Excel rejected my appeal (quoting beavis) and so now i have received my first red letter

My question is do i ignore this, or do i continue to appeal on the above grounds or ask for a 'stay' until the outcome of the Beavis case?

Hopefully i havent missed anything but apologies to the wise if i have

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    if they gave you 21 days to appeal to the IAS then you can do that appeal if you want (or ignore)

    otherwise its ignore for 6 years unless they try court, so watch out for an official LBC from Excel (not debt collectors, we dont care about them) or an official MCOL from the courts on behalf of EXCEL (again not debt collectors, who are powerless)

    so in essence , its either pay up or ignore for 6 years hoping they dont take it to court (which is the option they always have)
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    You won't win at the IAS, but it looks good on the paper trail if you ever found yourself in court. Lots of current comments on IAS, including a poll on page 1 or 2 of this forum. Have a read.
  • traceynob
    traceynob Posts: 84 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    If you genuinely didn't see the parking notice then it can't have been very prominent/clear, which is a typical Excel 'modus operandi'. If you think the signage is unfair/unclear, then complain to IPC & DVLA. Surely if enough people complain, somebody/somewhere must take action or is that just wishful thinking? Excel have already been banned from accessing DVLA records three times due to not adhering to Code of Practice......
  • ashpan
    ashpan Posts: 357 Forumite
    Ninth Anniversary 100 Posts Combo Breaker
    i saw the parking notice when i returned but was in such a hurry when i left that i didnt see it

    I object to paying such a hefty amount especially as Iceland was closed at the time!
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    dont we all, but the fact is that they are billing you for an unpaid parking charge invoice and have 6 years to try to claim their money in the small claims court

    if it gets to court, you can try various methods of defence points to try to convince a judge that he or she should rule in your favour

    like

    not a gpeol
    no landowner contract
    no contract to bring court cases
    poor signage

    its not us you have to convince, its a judge (if it gets to court in the next 6 years)
  • ashpan
    ashpan Posts: 357 Forumite
    Ninth Anniversary 100 Posts Combo Breaker
    would you suggest that i ask them to halt further progress on this until the outcome of the beavis case or is this irrelevant?
  • Umkomaas
    Umkomaas Posts: 43,632 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ashpan wrote: »
    would you suggest that i ask them to halt further progress on this until the outcome of the beavis case or is this irrelevant?

    Ask who exactly?
    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
  • traceynob
    traceynob Posts: 84 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    edited 28 August 2015 at 9:20AM
    Don't even engage with Excel, they will ignore everything you say, and just keep repeating themselves, blah blah de blah. Like commented earlier, it's just a waiting game, they will pester for 6 years on and off, and can do nothing worse than send demanding letters, either from themselves or their buddies, DRP, Zenith etc. unless they decide to take you to court which apparently doesn't happen very often. Look at https://www.bmpa.eu under companies! Of course in the meantime, the DVLA/court/government may grow a pair and change the law to outlaw this fiasco...........
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