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Excel Parking fine

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Comments

  • Umkomaas
    Umkomaas Posts: 43,889 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Just send the template; you can't then inadvertently make any errors.
    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
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 30 November 2016 at 10:32AM
    Mum2nsande wrote: »
    So, just to summarise - I'm definitely to send the IPC template and NOT just a letter of appeal from husband that says "sorry, I don't know what you're talking about, I was at work that day and can prove it" (Incidentally, he can only prove it by getting a written statement from his boss).

    The IPC template, word for word, is the ONLY thing we should send?

    Hope you are enjoying this scam industry.

    There are different views on appealing to the IPC/IAS.
    Over 90% are rejected and here is why.

    IPC/IAS is a kangaroo court set up by Gladstones Solicitors in competition to the BPA. There were idiots in the government who gave this wild bunch an ATA licence meaning that IPC members could get details from the DVLA and progress the scam to the likes of you.
    Gladstones/IPC/IAS should be independent to make the correct decisions ..... THEY DON'T and that is because they are 100% behind their members and that is why their appeals dept is a complete SHAM ...

    So, no harm in an appeal from the keeper which no doubt will be rejected. If you do, ensure it is the free appeal as the IPC offers a chargeable service which is of course is another sham.

    But at the end of the day whatever you decide to do, take notice of coupon-mad who said

    Even if it's not cancelled, a keeper cannot be held liable by Excel. So you are bulletproof.

    There is only one entity who knows who was driving and that is your car ...
    HONK HONK
  • beamerguy wrote: »
    So, no harm in an appeal from the keeper which no doubt will be rejected. If you do, ensure it is the free appeal as the IPC offers a chargeable service which is of course is another sham.

    The only reason I want to "appeal" is because it says if appeals, even if rejected, are received within 14 days, then only the lower fine will apply (£60). After that, it rises to £100. If this reaches the point where I just want to pay it to bring the matter to a close, I only want to pay £60. So, what I really wanted to know was if I send the IPC template, is that considered to be "appealing"? If not, I will probably just get hubby to send them a letter saying "sorry, it wasn't me, I was at work, and I've no idea who was driving the car".
  • Quentin
    Quentin Posts: 40,405 Forumite
    Mum2nsande wrote: »
    So, just to summarise - I'm definitely to send the IPC template and NOT just a letter of appeal from husband that says "sorry, I don't know what you're talking about, I was at work that day and can prove it" (Incidentally, he can only prove it by getting a written statement from his boss).

    The IPC template, word for word, is the ONLY thing we should send?
    No - you don't send them anything! Ever! Don't have anything to do with them at all.


    Your husband needs to deal with this. He should send the template letter not you!
  • Quentin wrote: »
    No - you don't send them anything! Ever! Don't have anything to do with them at all.


    Your husband needs to deal with this. He should send the template letter not you!

    Yes, sorry, I didn't mean me - I'm not going to send anything. I know it should be my husband. What I meant was, does HE definitely send the IPC template, word for word, or does he send an appeal that says "sorry, I don't know anything about this as I was at work all day, 50 miles away from this carpark, which can be proven".
  • Umkomaas
    Umkomaas Posts: 43,889 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    He can put a sentence in at the end - but it won't have any positive benefit to your husband (other than perhaps to get a reply asking who the driver was and if he won't say, they will pursue him anyway).
    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
  • Send the IPC appeal template as numerous people have suggested. It will be rejected, it always is. Pretty much all appeals to parking operators (Excel, Parking Eye, etc etc) are rejected. They don't actually consider them. From that point on just ignore everything, especially debt collectors.

    Eventually you'll get a letter from BW Legal. Come back at that point, this is when your husband can put together more of a defence in preparation for any potential court claim. At present BW Legal are taking a few people to court regardless of what they say, however they're also losing quite a few cases because they haven't identified the driver, and haven't followed POFA2012 to hold the keeper liable.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Mum2nsande wrote: »
    The only reason I want to "appeal" is because it says if appeals, even if rejected, are received within 14 days, then only the lower fine will apply (£60). After that, it rises to £100. If this reaches the point where I just want to pay it to bring the matter to a close, I only want to pay £60. So, what I really wanted to know was if I send the IPC template, is that considered to be "appealing"? If not, I will probably just get hubby to send them a letter saying "sorry, it wasn't me, I was at work, and I've no idea who was driving the car".

    Once you appeal to the IPC/IAS you lose the discounted offer.

    The IAS will ignore your husband saying the above, that is the nature of the scam.
    Personally, you will be wasting your time with the IAS.

    We cannot stop you from paying, the advice here is DON'T

    Even if it's not cancelled, a keeper cannot be held liable by Excel. So you are bulletproof.

    You need to think this out.
    The Keeper cannot be held liable by Excel. That firmly places your hubby out of the picture, especially that he was at work.
    If Excel cannot hold the keeper liable, they have a little wheeze that they say it will be presumed the keeper was the driver ???
    BUT HE WAS AT WORK so that wheeze is out the window.

    What else can they do ???? Think about it ?
  • beamerguy wrote: »
    Once you appeal to the IPC/IAS you lose the discounted offer.

    Firstly, thanks for the whole of your reply - it's definitely given me a lot of food for thought. However, I just wanted to take you up on the point I've pasted above. The PCN does actually say:

    "In order to retain the option of the discounted payment amount (should your appeal be unsuccessful), your appal must be received by the Central Payments Office no later than 14 days from the Issue Date of this Notice.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Mum2nsande wrote: »
    Firstly, thanks for the whole of your reply - it's definitely given me a lot of food for thought. However, I just wanted to take you up on the point I've pasted above. The PCN does actually say:

    "In order to retain the option of the discounted payment amount (should your appeal be unsuccessful), your appal must be received by the Central Payments Office no later than 14 days from the Issue Date of this Notice.

    That is to Excel, if they reject, then they are offering the discount.
    If it goes to the IAS after, no discount.

    As you are in time with Excel, then your husband needs to appeal as keeper stating he was at work at the time and was not in the car park.
    They will probably ask your husband to name the driver which he will not and then Excel has to prove who the driver was.

    Do not talk to excel or give any further info that they already have which is the Keeper and address ... that's all they know and it must stay that way
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