Excel parking George Street Wakefield

Delissiiaaa

I've seen a number of threads on here about Excel Parking and it's clear that they are awful to deal with, but I can't seem to find an answer to my issue so I'm hoping someone can help.

On the 11th Jan this year I parked at George street in Wakefield for 17 minutes, I did not once leave my car, and I decided to park elsewhere. The reason being that a) i couldnt find any money and b) it's not a particularly nice carpark and as a young female I didn't feel very safe there.

A few weeks later I received a notice on my 'failure to display a correct pay and display ticket' and asking me to pay a fine which would rise to £100 in 14 days, or should i appeal it.

Stupidly, i decided to appeal it because I thought I would have grounds to do so, having never left my car. Apparently not. My appeal has now been rejected on the grounds that they allow a 10 minute leeway and the signs are 'very clear' (they're not and it was at night so they were even harder to read) and I have received a new letter today. It says that if I do not pay the 'outstanding debt' by the 21st april they 'may' commence debt recovery action or legal proceedings against me without notice. The letter is titled 'notice of intended court proceedings'

I know this is a scare tactic, but at the same time it is working, and I'm scared enough to pay it even though I really dont want to, nor can I afford it. I've heard that excel aren't afraid to take people to court. Do I have a leg to stand on, or do I just pay the fine and be done with it? I really dont want to back down, but I can barely afford £100 let alone more, as the letter states 'if we are forced to issue court proceedings to recover the debt, we will also claim our court costs and interest in addition to the outstanding amount'

Can someone please advise? Thanks

tellytart

1: Do NOT pay. This is winnable, and others will be along to help.
2: Edit your post - we don't need to know who was driving, and parking companies are known to trawl this forum looking to catch people out with their appeals. Always refer to it in the third person - i.e. The Driver was, The Driver did...

Delissiiaaa

Thankyou, but I think I've probably already admitted that I was the driver by saying that I didn't get out of the car and I was scared to park there

Coupon-mad

So ignore then, like the NEWBIES thread post #3 tells you. Come back if they try court (rare) NOT when you get letters...

Delissiiaaa

I read that post, but it says not to admit you're the driver, which I think I've already done. So does that mean that I cant get out of it?

tellytart

As C-M says, ignore (but keep) anything they send from now on unless it's a genuine Letter Before Claim for court action. The people on here will then help you with your defence.

As mentioned, Excel rarely attempt court as they know they'll lose almost all their cases. You may have to just keep ignoring their thread-o-grams for 6 years, at which point the alleged debt becomes statue barred, and no longer enforceable in the courts. (BTW, IIRC in law the 6 years runs from the last date you had contact with the alleged creditor admitting the debt - which would be the date you sent them your appeal).

fisherjim

Follow the advice on here your situation is not unique at all, and stop using the word fine, it's not.

Many people have some strange imaginary idea that staying in their car is not parking, I don't know why, and how would ANPR cameras know who had got out and who didn't anyway.

The threat of debt collectors is not a threat of anything but some envelopes full of scrap paper.

Guys_Dad

fisherjim wrote: »

Many people have some strange imaginary idea that staying in their car is not parking, I don't know why, and how would ANPR cameras know who had got out and who didn't anyway.

Should be known as the Bill Clinton defence. Didn't work for him either.