Excel parking fine from a year ago ignored and now say it's going to court. Too late?

CG77

Morning all,

I've used the fab advice here before really effectively when I got a PCN myself to successfully appeal and now I'm looking to help a friend.

She received a PCN from excel last Jan and has ignored it which I've now told her she shouldn't have. Excel have now sent letters saying it will now go to court.

Is she too late now to appeal or can she still follow the same process as I did even at this stage?

Thank you!

Umkomaas

It can't be appealed now. Even if she'd appealed at the time it would have been rejected by both Excel and their second stage appeal (dis)service, the IAS. So even at that stage, it was pay up or ignore (and face the possibility of this going to court).

If it does go to court there will be much work to be done with help from the forum - but doing it through an intermediary is extremely unwieldy, open to misinterpretation and prone to costly errors. Better your friend opens her own thread if she gets real court papers.

What exactly does she have at the moment?

CG77

Ok thank you very much. Gosh things change quickly-i had no idea you now have to just pay up to an excel PCN! I didn't realise things had changed so much since I appealed mine from the same car park and wondered if I could just advise her using the process I followed but clearly that is not the case.

I think what she has at the moment is just a letter to say as she has not paid it will now go to court. I will tell her to come here for specific advice.

Thank you very much.

The_Deep

Excel do not do very well in court, read some of The Parking Prankster's recent blogs.


http://parking-prankster.blogspot.co.uk/

Coupon-mad

Gosh things change quickly-i had no idea you now have to just pay up to an excel PCN!

Pardon? No-one here says that! Not having any viable appeal is not the same thing as 'paying it'. These are easy enough to defend in most cases and fairly generic - we hope she has never said who was driving.

CG77

Coupon-mad wrote: »

Pardon? No-one here says that! Not having any viable appeal is not the same thing as 'paying it'. These are easy enough to defend in most cases and fairly generic - we hope she has never said who was driving.

I'm sorry if I've misunderstood but it was this in the previous reply that made me say that:

'It can't be appealed now. Even if she'd appealed at the time it would have been rejected by both Excel and their second stage appeal (dis)service, the IAS. So even at that stage, it was pay up or ignore (and face the possibility of this going to court).'

Have I misunderstood? No need for the 'pardon?' comment-I certainly wasn't being rude.

safarmuk

You misunderstood!

What Umkomaas was saying was that the general view of the IPC's appeal service - the IAS - is that it is not very good and it was somewhat unlikely that even if you had appealed to them (within the allowed time frame) that you would have succeeded. Much of the advice on here is to not bother with the IAS ...

As such its a case of now sit back and wait to see if they try to take you to court. If they do then you use this forum to create your defence and win your case.

beamerguy

CG77 wrote: »

Have I misunderstood? No need for the 'pardon?' comment-I certainly wasn't being rude.

Coupon-mad said "pardon" to your comment

"Gosh things change quickly-i had no idea you now have to just pay up to an excel PCN!"

Nobody has said that so it was a big question mark

CG77

beamerguy wrote: »

Coupon-mad said "pardon" to your comment

"Gosh things change quickly-i had no idea you now have to just pay up to an excel PCN!"

Nobody has said that so it was a big question mark

A simple explanation, an 'oh I think you've misunderstood' or even 'That's not what anybody is saying' would have sufficed though. It's clear to see on this thread where I got that assumption from even if it was an incorrect one so not a huge question mark at all.

Thank you to the poster who explained to me-I appreciate that.

Some people's abruptness could put people off asking for much needed advice!

Coupon-mad

OK sorry about that - unintended abruptness because what you had written would be read by other newbies who might then believe it. Now let us help the person defend this and win. We do this all the time and Excel ones result in BW Legal leters then a claim, which is defendable, especially by a registered keeper (who doesn't have to say who was driving.

I suggest you tell the motorist to search the forum of Google 'BW Legal Excel'. We've never lost one v Excel/VCS here on this forum where we've assisted with the defence and there is no risk, no CCJ, nothing as long as the person does not ignore it. Certainly no phoning them!