PCN notice to keeper from Excel Parking

BLUEWKD

I've just spent the last hour looking through posts, looked at newbie thread and am still not sure what is the best option, hence the new thread that might/probably is a repeated question, but here goes.

I've just received a PCN notice to the keeper with photo of the car entering and leaving a car park in local town centre at 18.17 entry leaving 18.48. I know ignorance is no defence but most streets/council car parks are free after 6pm so it was assumed this car park was as well so no ticket was purchased. The fine is £60 if paid within 14 days. I cannot see how there is any appeal as the car was in the car park those times and no ticket as bought. I just think £60 is excessive. Do I just pay up or is it worth all the hassle of fighting it? What do I fight it on please. Thanks

Redx

the supreme court ruled that £60 (or £85) is not "excessive" 15 months ago (in the BARRY BEAVIS case) , so pleading that as a defence wont wash

just follow the IPC help in the NEWBIES sticky thread, so the IPC template and then ignore for 6 years if they fail to cancel (which they wont cancel anyway)

then its deal with any LBC or MCOL within 6 years

keep all paperwork

and read the BARGEPOLE thread about bad defences , like assuming stuff, not seeing the signs etc - they wont wash either

BLUEWKD

The PCN says on the back all appeals must be made online at myparkingcharge,postal appeals will not be accepted. Am I reading the newbie thread correctly in that I ignore that and send the letter asking for photo of signage etc in the post anyway? Thanks

Redx

you use the IPC template and follow their appeals procedure , if you are not paying this speculative invoice

the problem here is you fell into their "honey trap" and if you dont pay up its 6 years of possible hassle with charges (if you lost) ranging from about £60 to maybe £175 (to £250) if it goes to court and you lose

meanwhile its plenty of reading and paperwork, debt collector letters and court threats

never assume , not with all these private parking companies ready to swoop like a hawk on a tardy prey animal who isnt looking for danger and is oblivious to those dangers

BLUEWKD

Thanks for quick responses redx. I guess I have to decide wether it is worth the hassle for all those years or just to pay up and save the fight for a time when the driver wasn't guilty of the charge or at least has some defence other than "I assumed it was free after 6". Your advice has helped thanks😊

catfunt

no-one on here will ever recommend you pay. You're just funding the next few pcns on the next few poor unsuspecting sods.

The general advice is usually to send the appeal online using the IPC template. Take a screen capture of the appeal if the only way to appeal is online.

Then go into ignore mode, don't appeal to the IAS as that process is bent and completely biased towards the parking operators.

You will get debt collector letters, with ever more desprate language in scary red font - they can be safely filed away but ignored. The debt collectoprs cannot take you to court, only Excel or Gladstones, their solicitors, can do that.

Come back here, to this thread, if you get a LBCCC or actual court papers and you will get further help and guidance.

BLUEWKD

catfunt wrote: »

no-one on here will ever recommend you pay. You're just funding the next few pcns on the next few poor unsuspecting sods.

The general advice is usually to send the appeal online using the IPC template. Take a screen capture of the appeal if the only way to appeal is online.

Then go into ignore mode, don't appeal to the IAS as that process is bent and completely biased towards the parking operators.

You will get debt collector letters, with ever more desprate language in scary red font - they can be safely filed away but ignored. The debt collectoprs cannot take you to court, only Excel or Gladstones, their solicitors, can do that.

Come back here, to this thread, if you get a LBCCC or actual court papers and you will get further help and guidance.

Can't they send the bailiffs/debt collectors out to collect it? If I do appeal does the price go up or does it stay at the £60 (14 days price) until the appeal is denied/ended?

Redx

cant send bailiffs (or debt collectors) without a court order

ignoring a court order (judgment) is like contempt of court, so leads to a CCJ, if you didnt pay the judgment promptly (within 28 days usually) then a CCJ follows and then , only then , can a bailiff be sent round

you have been watching too much tv, whereas even on TV its normally been to court and the defenadant has lost (or ignored the court)

so no court order = no baliffis

of course charges can go up, I did say that earlier

its your choice, all we can do is point out the facts to you , the rest is YOUR DECISION to make

as mentioned above, we dont believe in paying them for various reasons (as detailed in the appeals and defences linked by the NEWBIES sticky thread etc) - but you wont win any appeal or defence with what you have said so far

find problems with a contract , signage , or other legal issues then yes, you might win and pay nothing (and claim costs)

its like Judge Rinder without all the jibes and theatrics

but its the fools who ignore the court orders that get a visit from the bailiffs

whereas debt collectors are powerless

Coupon-mad

BLUEWKD wrote: »

Can't they send the bailiffs/debt collectors out to collect it? If I do appeal does the price go up or does it stay at the £60 (14 days price) until the appeal is denied/ended?

It's not a price, it is an invoice and it can be defended. Don't pay or you are supporting the business model and funding the next ones. If no-one paid these fake PCNs the entire industry would have folded.

We do this because the industry of ex-clampers is rotten and these 'PCNs' are winnable if pursued in small claims.

DO NOT SPONSOR A PPC.

COMPLAIN TO THE LANDOWNER.