Help needed with court case please.

scotty12348_2

Hi all and thanks in advance for any help.

I've made a bit of a cockup of a parking ticket that I wish to appeal that the sticky doesn't cover. My incompetence has taken it beyond the sticky's help!

I have a vehicle that I let my girlfriend use (first mistake!) to go to the gym.
This gym is at Ashton retail park in Manchester. There is an agreement between the gym and car park that if users register their car with the computer each time they enter the gym the anpr cancels/ignores the ticket that would otherwise be issued for non payment.
The system is anpr and ran by 'excel parking'.

My girlfriend was new to the gym at the time and didn't register the vehicle on that instance. As I result I received a notice from excel parking asking to nominate the driver.
It seems now that I've been stupid and done so.

My girlfriend was then sent a parking charge notice. This was sent to her on 21/12/2016.
I've then made a further mistake(!) and ignored this letter.

A final reminder letter was sent on 31/01/17. Again ignored, and on 06/03/17 a letter was received from debt recovery plus ltd stating that if the payment is not made they will recommend their client take us to court.

After looking on this forum I'm aware I've made a series of mistakes that will take someone far more knowledgable than me to rectify which is why I come here asking the experts!

The initial fee was £60 if paid within 14 days. Then £100. And now the debt recovery company say the charge is £160!

I'm getting a bit worried about this now but at the same time I don't want to be fleeced. I'm more than willing to stand up to bent companies.

My girlfriend was just in the middle of writing a letter to excel but I told her to stop after seeing the notice about a 'half-baked response' :rotfl: on the sticky.

Could anybody recommend what the best course of action would be? The only correspondence between us and the companies has been when I originally passed the buck onto my girlfriend

Again, thanks for any help.

Redx

at the moment there is no "court case"

it appears a debt collector is demanding payment , usually this goes to bw legal who may issue a court case, or excel might issue the court case

if you have no papers from Northampton court, then there is NO court case

if you have an LBC from BW LEGAL or from EXCEL then your respond

if there are papers from Northampton MCOL centre, then its a court case and the person named on the papers must defend it

a landowner cancellation (maybe the gym ??) is the best solution

scotty12348_2

Redx wrote: »

at the moment there is no "court case"

it appears a debt colelctor is demanding payment , usually this goes to bw legal who may issue a court case, or excel might issue the court case

if you have no papers from Northampton court, then there is NO court case

if you have an LBC from BW LEGAL or from EXCEL then your respond

if there are papers from Northampton MCOL centre, then its a court case and the person named on the papers must defend it

a landowner cancellation (maybe the gym ??) is the best solution

You're right, I am jumping the gun a bit.

I'm not sure who the landowner is. It's on a retail park and there's several companies who use it (bingo, subway store etc) and it seems excel provide the parking 'services'

I have spoken to gym staff and they say excel are no longer taking their calls after they had so many people forgetting to enter their reg and the gym ringing them.
Staff say the gym will help and provide an attendance log.
They suggested writing a letter with proof of gym attendance which I mentioned to my girlfriend at the time but she never did.

Is this still the best option? It's spiralled a bit out of control since they originally mentioned that!

Redx

I doubt that excel will cancel no matter what you do

this is probably GALA BINGO, so I believe GALA own the land there (its certainly not excel)

all there is at the moment are debt collector letters, which can be ignored

if excel or BW legal start sending out an LBC, or if the keeper gets an MCOL (court papers) from Northampton , then these need to be responded to

if GALA BINGO do own the land, then an ideal solution is if they get it cancelled, as its likely that the gym are not landowners

at the moment you told us porkies about it being a court case and you have not named the debt collector either

get the letter from the gym for any possible future court case

scotty12348_2

Redx wrote: »

I doubt that excel will cancel no matter what you do

this is probably GALA BINGO, so I believe GALA own the land there (its certainly not excel)

all there is at the moment are debt collector letters, which can be ignored

if excel or BW legal start sending out an LBC, or if the keeper gets an MCOL (court papers) from Northampton , then these need to be responded to

if GALA BINGO do own the land, then an ideal solution is if they get it cancelled, as its likely that the gym are not landowners

at the moment you told us porkies about it being a court case and you have not named the debt collector either

get the letter from the gym for any possible future court case

I did not intentionally lie or mislead anybody in my original post. It was my understanding that if I did not pay there would be a court case as per the debt recovery letter.
I mention the debt recovery company in my original post : debt recovery plus ltd

scotty12348_2

Redx wrote: »

I doubt that excel will cancel no matter what you do

this is probably GALA BINGO, so I believe GALA own the land there (its certainly not excel)

all there is at the moment are debt collector letters, which can be ignored

if excel or BW legal start sending out an LBC, or if the keeper gets an MCOL (court papers) from Northampton , then these need to be responded to

if GALA BINGO do own the land, then an ideal solution is if they get it cancelled, as its likely that the gym are not landowners

at the moment you told us porkies about it being a court case and you have not named the debt collector either

get the letter from the gym for any possible future court case

Also, you are correct that it is Gala bingo. I will ask there if they are the landowners, Thanks.

Are they likely to cancel the ticket? Is that something companies so historically?

Redx

IGNORE drp as mentioned in the NEWBIES sticky thread

yes there may be a possible court case, but it has not happened yet, it may happen in the future but clearly EXCEL have not taken that step as yet, so mentioning the court case is misleading other members including myself

and IGNORE drp, that message has been posted thousands of times on here , including every day this week

Redx

scotty12348 wrote: »

Also, you are correct that it is Gala bingo. I will ask there if they are the landowners, Thanks.

Are they likely to cancel the ticket? Is that something companies so historically?

I have no idea if they will cancel it, that is why I have told you to contact them, only they would know (how would anyone on a public forum know if gala bingo will cancel a ticket or not ?)

if they own the contract (and I believe they do), then only they can do it, nobody else other than EXCEL can cancel the ticket

when I last saw their contract , it was between gala bingo and excel (which was a few years ago)

the point is that the person with the pcn should get the landowner to cancel the pcn

if necessary, pay the LAND REGISTRY and find out the landholders details

read this thread about DRP letters too

https://forums.moneysavingexpert.com/discussion/5035663

Loadsofchildren123

The Land Registry only charge £3 for the document showing who owns the land, and £3 for the plan if you want the plan as well.


Keep pressurising the gym, can't they write to Excel if they are losing customers or at risk of losing customers? and same pressure on Gala but they may not care as you aren't a customer of theirs.


PPC/its dogs will be writing to your gf now, not you, as you've told them she was the driver. So this isn't your problem, it's hers (although obviously you're going to help her). Any proceedings will be issued against her, not you.


Or are they writing to you? If so, tell them to bog off as you've already given them the driver details.

Redx

post #1 has further inaccuracies too

Ashton retail park is in Ashton under Lyne , TAMESIDE, not Manchester

and they are not threatening to take "us" to court, the threat will be to the person they are writing to, which I assume is the girlfriend seeing as she has been named as the driver (so they are threatening to take the girlfriend to court , not "us")

it seems that the actual contract WAS with Tiger properties (Or Optic Assets), so may have been extended or may have been renewed

see below

BETWEEN

THE OPERATOR Excel Parking Services Limited (the “Operator”)
Company Reg. No: 2878122

WHOSE REGISTERED OFFICE IS AT 356 Omega Court, Cemetery Road, Kenwood Park, Sheffield. S11 8FT

&

THE EMPLOYER

Tiger Properties Limited (the “Employer”)
c/o Optic Asset Management Limited
Company Reg. No: 4608599

WHOSE REGISTERED OFFICE IS AT St George's House, 14/17 Wells Street, London. W1T 3PD

SCOPE OF WORK As detailed in Schedule 1 of this Agreement.

PREMISES SERVICED Ashton Retail Park, Ashton under Lyme

IN CONSIDERATION of the provision of the services by the Operator as set out the Employer agrees to pay the sums
specified in this agreement.

THIS AGREEMENT extends for a period of thirty six months
FROM 8th April 2011

5.5 The Employer shall pay to the Operator £ 10.00 for any Parking Charge Notice that is requested to be cancelled by the Employer or allow to be deducted from any P&D income that is owed to the Employer. The Employer will be allowed a total of twelve (12) No. free cancellations per month. Unused cancellations cannot be carried forward to subsequent months or transferred.

note that it says LYME , not LYNE , that is THEIR spelling mistake , not mine

scotty12348_2

Redx wrote: »

I have no idea if they will cancel it, that is why I have told you to contact them, only they would know (how would anyone on a public forum know if gala bingo will cancel a ticket or not ?)

if they own the contract (and I believe they do), then only they can do it, nobody else other than EXCEL can cancel the ticket

when I last saw their contract , it was between gala bingo and excel (which was a few years ago)

the point is that the person with the pcn should get the landowner to cancel the pcn

if necessary, pay the LAND REGISTRY and find out the landholders details

read this thread about DRP letters too




Thanks, I'll speak to gala bingo although I can't see that they'll cancel it as they've no incentive to do so but worth a shot.

I only asked if you knew they would/wouldn't cancel it through previous experience - I note somebody you know had a ticket on that car park once.

I've had a look at the post you suggested. I can only apologise for posting stuff that's been repeated countless times, it must be frustrating.
I do note it says to ignore the DRP letter but not the PPN/PCN one. Given that I've already notified them of the driver should I be telling them anything else at this stage or just keeping shut?

If I can't get the ticket cancelled by gala/ the gym you mention excel have never taken anybody to court am
I reading that correctly?