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Excel Parking Services - Flipped Ticket

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Comments

  • Coupon-mad
    Coupon-mad Posts: 155,538 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    jam1991 wrote: »
    Back tracking over the letters received and only 'DEMAND FOR PAYMENT' letter which first listed the outstanding balance as £160 (up from £100) quoted "Your account has now been passed to our Debt Management Team for recovery".

    I cannot see any reference to DRP. Does this mean I cannot use the above point as ammo?
    Obviously you can.

    How do people not know this from their reading of the Beavis case?

    In Beavis, the Supreme Court discussed the business model and concluded that the 'parking charge' had to be high enough to be a deterrent AND to make a profit over and above THE COST OF THE LETTERS SENT AS PART OF THE USUAL BUSINESS MODEL OF A PARKING FIRM.

    So if in Beavis they decided £85 was sufficient to COVER THE MINIMAL COSTS OF THE TEMPLATE LETTERS SENT, then parking firms cannot add more, for those same letters.

    Obvious to me anyway. Good luck but your questions concern me.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    edited 3 September 2019 at 9:02AM
    Basically this:

    A parking company employs people just to chase up payments. It's an essential part of their business, for which the modest cost of letters (paper postage and the like) are mere business overhead.

    By not paying a PCN they are put to no additional cost than they would incur anyway. So if they seek £60 BEFORE they've spent any money on court fees (which are recoverable) or before any solicitor has been appointed, it certainly isn't an actual cost

    Now, some contracts do permit notional costs of that nature. For example, there are fixed tariffs in credit card agreements for statutory letters and unauthorised spending. That is a liquidated damage and must be specified in the contract if it is to be recovered at all.

    Put simply, the £60 isn't on the sign so can't be recovered as an agreed cost. Since the £60 was never spent it can't be a loss recovered by the PPC so it should be disallowed.
  • jam1991
    jam1991 Posts: 183 Forumite
    Sixth Anniversary 100 Posts
    WON! :j Thank you to all who posted and provided advice. I will post a full report later this evening when I have finished work.
  • Well done. I love it when people win but especially against this company.

    Nolite te bast--des carborundorum.
  • Le_Kirk
    Le_Kirk Posts: 25,035 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Well done! Looking forward to the court report.
  • Umkomaas
    Umkomaas Posts: 43,758 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    jam1991 wrote: »
    WON! :j Thank you to all who posted and provided advice. I will post a full report later this evening when I have finished work.

    Excellent result. Look forward to more details when you're able. :T
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Nice one! Hopefully you got your costs as well :)
  • Following this one intently, as I have a hearing in Late September for a similar (but not identical) case with Excel for which I'm currently pulling together the bundle etc.

    Who signed the CCBC Claim Form for your case? Was it Simon Renshaw-Smith? If so, did he actually rock up?

    I'm still waiting to see if i get a WS from Excel - nothing as yet although they paid the fee at the start of August.
  • Clairns
    Clairns Posts: 45 Forumite
    Sixth Anniversary Combo Breaker
    edited 3 September 2019 at 1:43PM
    Simon Renshaw Smith signed the claim form for me (it was VCS) and it was in Sheffield- but he was nowhere to be seen, He was probably in his office writing a cheque for costs for another failed Excel/VCS claim!

    You are likely to get a numpty representative who has little knowledge of parking law and was sent the papers (or some of the papers in my case) the night before!!!!

    They are all stealing a living- and the more cases against these cowboys the better.
  • Mine too.

    I'm angling along the lines of challenging Right of Audience if Renshaw-Smith himself doesnt turn up.
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