Excel Parking Charge

Glitzy73

Hi, Ok so today a Final Demand came from Excel Parking basically saying,referencing a case in 2015 between Parking Eye Ltd v Beavis UKSC 67 where the supreme court held that parking charges serve a legitimate commercial interest and are neither extravagant nor unconscionable and to avoid further action being taken, along with additional costs and interest being incurred I must pay immediately. Do I now just paying as it looks like its getting more serious, they have even listed below advice places I can contact ??

waamo

"Final demand". If you wait a bit you will get a Final, Final demand. After that a Really Final Demand. They sometimes follow that up with a We Really Mean It Final demand.

Follow the advice in the Newbies thread about debt collectors, that is what this is.

Look out for something marked Letter Before Claim though. That needs responding robustly to.

Have another read of the Newbies thread. This is all covered in there.

Geoff1963

Just a small point, for discussion. I think the OP raises a new issue.

Does the parking machine tell the driver to put in the details of their car ( and the OP had a choice of two ) or the particular car they are parking at the time ? It should be specific
.
It probably says that the tickets are "not transferable" ; but does that mean : between vehicles, or between drivers ? I presume that a driver is allowed to leave and come back during the duration of the ticket, because they have paid for a duration of parking ( like nipping out of a cinema to go to the loo ), but what about a different driver in the same vehicle ; or the same driver in a different vehicle that they also own, for the rest of the time ? Perhaps the OP's plan had been to call back later in the day, to make use of the full parking duration they had paid for, but in their other car ; and hence either number would have been valid, because the ticket only had the option of one.

If the parking contract is with the driver, then the driver should be allowed to come and go as often as they please, during the parking duration, in any vehicle they want ; rather than any person being allowed to come and go, in that vehicle. How stupid is it to assign the ticket to the registration number of the vehicle ? Is the vehicle liable to pay the invoice for parking ?

Coupon-mad

Glitzy73 wrote: »

Hi, Ok so today a Final Demand came from Excel Parking basically saying,referencing a case in 2015 between Parking Eye Ltd v Beavis UKSC 67 where the supreme court held that parking charges serve a legitimate commercial interest and are neither extravagant nor unconscionable and to avoid further action being taken, along with additional costs and interest being incurred I must pay immediately.

Do I now just paying as it looks like its getting more serious, they have even listed below advice places I can contact ??

What did the advice above your post tell you? I even said WE WIN SMALL CLAIMS and this is where it will be resolved.

Where did any of us say 'when you get a scary letter, oooh, it's serious, so yeah, panic and pay it'...we didn't we told you what happens and we told you we win. And the NEWBIES thread tells you how to reply to a pre-court letter too. All already covered, no-one here pays, only a numpty would pay(!!), having come here and got advice.

Don't be a victim. Your post reads as though you've read no other threads, not even the NEWBIES thread.

Glitzy73

I have never spoke on forums before so please dont make fun of me I dont even know anything about the newbies forum, I just thought I would use this website as I have seen it on TV, so please be patient with me, I appreciate everyones advice but it doesnt mean that receiving these letters haven't concerned me.

Coupon-mad

The NEWBIES thread is mentioned under every post I make.

My 'signature' tells you where to click - look under my replies. One click gets you there, we hoped you had done that.

And I had already advised you clearly:

please read other threads about BW Legal in readiness, rather than doing nothing then rushing back about every letter as if it's something new.

This will be resolved at small claims. I can't recall an Excel one lost here.

Read a few dozen BW Legal threads!!

Did you read other BW Legal threads? And did you read the NEWBIES thread all about what happens and how to handle it?

You have no idea how frustrating it is to give clear advice and then the poster makes it clear they never followed it.

waamo

Glitzy73 wrote: »

I have never spoke on forums before so please dont make fun of me I dont even know anything about the newbies forum, I just thought I would use this website as I have seen it on TV, so please be patient with me, I appreciate everyones advice but it doesnt mean that receiving these letters haven't concerned me.

Nobody is making fun of you. The advice on here tends to be robust and without sugar coating. There is good reason for that, people are scared and want to rush into paying. Being softly, softly and giving online tea and sympathy seems to feed the fear and panic.

We don't want anyone to pay or get terrified by the thought of getting court papers. A robust answer seems to get attention and get the heckles up enough for a good fight.

If you would rather tea and sympathy go and see a vicar.

[Deleted User]

Since you can prove payment (and therefore no prejudice - they're not out of pocket at all) it is a big ask for them to ask for and get £100+ from the Court.

I'd suggest if this gets to solicitor stage (and I mean the real deal, not a debt collector masquerading as one) you simply write to them with an "exhortation to leave" (if you follow)

So... mark the letter WITHOUT PREJUDICE explaining 1. There is no loss, 2. Evidence has been provided in respect of 1, above - invite them to review it if their client hasn't provided it. 3. Explain that the claim is vexatious and that you shall seek your costs if they persist in pursuing the claim, reminding them of the CPR provisions as to unreasonable costs (search the forum on that point)and that their duty to the court under CPR part 1 includes proportionality and the use of court resources.

Pursuit of a claim over a failure to type in a registration number, not even a pecuniary loss is entirely disproportionate and a waste of court time.

[Deleted User]

Oh... And it goes without saying, finish the letter inviting them not to proceed with the proposed claim, which is misconceived.

Geoff1963

it doesn't mean that receiving these letters haven't concerned me

The people who send them, spend a lot of effort making them look scary, while not quite being illegal.