Excel parking services fine - didn't leave car, was picking up.

apple-puff

Hello,

I apologies in advance, I have searched for Excel parking services and there are quite a few posts on them but nothing specific to my situation.

I've just got back from holiday today, gone through my post and have found that I have a parking "fine" from excel parking services. This was for parking in an Iceland car park for 20 minutes and not buying a ticket from the pay and display. However, I didn't leave the car and also had my 6 month old baby in the car. I had actually driven into the town to pick up my spouse from the dentist (round the corner) but the dentist appointment was over running so nipped into Icelands car park to get off the main road traffic. It was about a month ago and the car park was mostly empty as it was around 9:45am so obviously wasn't taking spaces from Iceland customers. I can get the dentist to write a letter to prove that the appointment was genuine.

The letter from excel parking services has a little picture of my car entry and exit times. The photo is so dark you cannot see who is driving. I've realised I can't prove I didn't leave the car, but can prove dentist appointment.

Contravention reason is that I "Parked" without payment. The maximum period allowed on the letter has also been left blank.

I've also written a letter to Iceland.

Can anyone advise on my situation. I know I can't (and won't) ask the forum for legal advice, just looking for peoples gut instinct/community advice on what I should do. Some historical posts about excel parking services advise to ignore letters, but I don't want my car to be towed off my drive way by debt collectors. Most people also seem to say there is no point appealing to myParkingCharge.co.uk

Thank you

Redx

you have a few false assumptions there

the dentist letter is not relevant as they do not own or manage this car park

its a private pay and display car park, so being on there for 20 minutes (entry to exit times) means a contract was entered into , and failure to pay at the machine where you input the VRM causes a pcn to be issued due to breach of contract

the fact that the driver remained in the car is irrelevant, its a common thought that this is not "parked" but its false , engine on , engine off , in a bay or not, occupied or not , the vehicle was there without permission for 20 minutes and it doesnt matter what a laymans definition of "parked" is

the cameras are ANPR cameras , not passport photos cameras , so their job is to darken the area surrounding the plate so that the VRM is enhanced , so the fact the pictures are dark is irrelevant too (as long as the VRM can be made out)

the most allowed time to pay up or leave would have been 10 minutes max , hence the pcn after 20 minutes (double the allowed time) , councils usually have a duty to wait 10 minutes for observation time before issuing a pcn too, so the private parking industry wont allow more

if you did not shop in any of the onsite stores, they are unlikely to get it cancelled and I doubt that Iceland will because I doubt that they own the land

the NEWBIES sticky thread, IPC advice , tells you your options , please read it

debt collectors cannot touch your vehicle , even if you own it

there would have to be a court case , you lose , and you fail to pay the judgment before a CCJ is live and only then can bailiffs be involved (not debt collectors) - they will be enforcing the CCJ if one is issued by the court

in future , DO NOT WAIT/PARK on private land UNLESS you pay , or unless you have the landholders permission to park/stop/wait on their land , or else this will repeat itself time and time again

beamerguy

Redx is correct.

What you have done is no different to someone parking
on your private driveway and upon their return, they said they went to the dentist around the corner

Where you park is actually owned by somebody

The one sure fact is that parking companies and their debt collectors CANNOT pay you a visit let alone take your car/property, they are simply not allowed to
Only after if you lose at court and don't pay, bailiffs can be instructed

Coupon-mad

just looking for peoples gut instinct/community advice on what I should do. Some historical posts about excel parking services advise to ignore letters,

So the lesson is never to read old forum posts! Excel sue people now, but we defend better and have never seen an Excel/BW legal defended case lost here yet, where we have had input throughout.

but I don't want my car to be towed off my drive way

Private towing & clamping has been illegal for 5 years now.

by debt collectors.

You have been watching too much 'Can't Pay, We'll Take it Away'. Debt collectors can't do this.

The 'NEWBIES PLEASE READ THESE FAQS FIRST' sticky thread covers all of the above. Come back if you get a claim.