EXCEL parking fine.

Hollie_Brooke

Help needed!

Over 6 years ago my dad drove into a excel car park and reversed into a spot, answered his phone and then drove out. He never once turned his engine off or got out of the car. He was going to park up, but then didn't have a need to and drove straight out. After 6 months, he received a letter saying the fine had gone up, even though he never received the first fine. we contacted somebody about this who told us to ignore any letters sent. we have never received any other letters over the past 6 years except one a few weeks back saying that we'd have to go to court etc and 'dont pay we'll take it away'.

we are in the process of writing a defence argument and wondered if anyone could help with anymore pointers-

we have the general pointers given off parking prankster and we have added our own such as;

-He never left the vehicle
-engine was never turned off-
- driver was in the bay less than 3 minutes
-never received letter for first fine- even though because we never replied it doubled??
-parking sign was not clear (we have a photo of this)
-the car park says it has a 10 minute leeway; he was never in the car park more than 5 minutes...

ANY OTHER HELP WOULD BE APPRECIATED!

Umkomaas

Have you received stamped court papers?

What was the date of the parking incident?

For your information:

-He never left the vehicle. PARKED
-engine was never turned off- PARKED
- driver was in the bay less than 3 minutes PARKED
-never received letter for first fine- even though because we never replied it doubled?? STANDARD
-parking sign was not clear (we have a photo of this) GOOD
-the car park says it has a 10 minute leeway; he was never in the car park more than 5 minutes... PARKED

Hollie_Brooke

No, we have never received stamped court papers.

The incident was on 22/04/2010.

The sign in the Car Park clearly states;
A maximum permitted period of 10 minutes is allowed to purchase a valid pay and display ticket after a vehicle has entered the car park. If this period is exceeded a parking charge notice will be issued.

We were never in the car park that long.

Umkomaas

Thanks for coming back. Who are you looking to correspond with - is it Excel writing to you, or their solicitors (BWL)?

Hollie_Brooke

The solicitors. BWL.

Castle

They are too late to commence legal action; it's 6 years from the date of the parking event.

pappa_golf

The incident was on 22/04/2010.


inform the court that the statute of limitations has made it impossible to bring this charge

also send all relevant paperwork to the SRA with a forwarding letter asking why a "regulated" company are acting illegally

Castle

pappa_golf wrote: »

inform the court that the statute of limitations has made it impossible to bring this charge

also send all relevant paperwork to the SRA with a forwarding letter asking why a "regulated" company are acting illegally

Post 3 says no stamped court papers received; but totally agreed on contacting SRA.

Hollie_Brooke

How would this be any different then if it was under the 6 years? I feel better now knowing that its over the 6 year period.

pappa_golf

my apologies (post above)

BW are simply trawling thru old cases , in the hope of worrying people and getting them to pay

as this has now passed the 6 yr period , simply IGNORE anything from them *

BW can send begging ;letters untill the yr 3000 , however they are just that "begging" letters , with no prospect of starting court action

* unless they issue court papers , in which case follow my post above

Castle

Hollie_Brooke wrote: »

How would this be any different then if it was under the 6 years? I feel better now knowing that its over the 6 year period.

The Limitation Act 1980 section 5 refers to contracts; if it was trespass, (which is a Tort), then it would be section 2. The time limit to bring legal action is 6 years in both instances.

http://www.legislation.gov.uk/ukpga/1980/58