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Help please!

Hi, I've looked at the newbie threads and I'm unfortunately still a little confused.


I've recently got a ticket through the post from myparkingcharge . com (Seemingly on behalf of Excel parking). I've visited this site years ago and successfully ignored unfair parking fines in the past and they've gone away (7+ years ago).


However reading on this site I see it's now not the norm to ignore these PCN's! I've looked numerous times for the apparent Newbie template for appeals and cannot seem to find it. If someone could link/copy this letter for me I'd be very grateful.


Also, and probably importantly, am I within my rights to appeal if the machine in the car park was broken at the time? It ate my money and didn't issue a ticket. As I wasn't going to be long (15mins) I thought I'd be OK. Obviously not.


Any and all help is appreciated and again I apologize if I seem lazy but I'm struggling to find all the info I need.


Thanks a lot.

Comments

  • Umkomaas
    Umkomaas Posts: 44,393 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I've looked numerous times for the apparent Newbie template for appeals and cannot seem to find it.
    It's the one in blue type face in the first post of the sticky.
    Also, and probably importantly, am I within my rights to appeal if the machine in the car park was broken at the time? It ate my money and didn't issue a ticket.
    Of course. But it's likely going to have to be a Judge who will ultimately have to determine the rights and wrongs. Excel and their second stage appeals provider, the IAS, will give you some mealy mouth answer that you should have contacted the number on the machine at the time ..... and reject your appeal.

    It would pay you to go now and take photos of the signage on site and on the pay machine in case this gets to a court stage.

    Beyond your initial appeal to Excel (don't appeal to the IAS), forum advice is that you ignore anything else, unless you receive a Letter Before Claim from Excel or their low-rent solicitors BW Legal or real court papers. Come back on this thread if you do.
    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
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    If the machine took your money and did not issue a ticket you should complain to your local Trading Standards Department. For evertthing else, complain to your MP.

    It is the will of Parliament that these scammers be put out of business.

    Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers.

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

    Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

    Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

    All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.
    You never know how far you can go until you go too far.
  • The Parking Tickets Board Sticky.... This thread?? Is it the Before Court letter??
  • Umkomaas wrote: »
    It's the one in blue type face in the first post of the sticky.


    Of course. But it's likely going to have to be a Judge who will ultimately have to determine the rights and wrongs. Excel and their second stage appeals provider, the IAS, will give you some mealy mouth answer that you should have contacted the number on the machine at the time ..... and reject your appeal.

    It would pay you to go now and take photos of the signage on site and on the pay machine in case this gets to a court stage.

    Beyond your initial appeal to Excel (don't appeal to the IAS), forum advice is that you ignore anything else, unless you receive a Letter Before Claim from Excel or their low-rent solicitors BW Legal or real court papers. Come back on this thread if you do.




    The Parking Tickets Board Sticky.... This thread?? Is it the Before Court letter??
  • Le_Kirk
    Le_Kirk Posts: 26,324 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    No, you are some way away from Letter Before Claim. Look for this: -
    **NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!**
    and then read post #1, and towards the end you will, in BLUE text, this: -

    Re PCN number:

    I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement..............
  • Le_Kirk wrote: »
    No, you are some way away from Letter Before Claim. Look for this: -
    **NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!**
    and then read post #1, and towards the end you will, in BLUE text, this: -

    Re PCN number:

    I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement..............


    Thanks a lot!!


    So I use this for an online/email appeal?? Then await their reply?
  • Umkomaas wrote: »
    It's the one in blue type face in the first post of the sticky.


    Of course. But it's likely going to have to be a Judge who will ultimately have to determine the rights and wrongs. Excel and their second stage appeals provider, the IAS, will give you some mealy mouth answer that you should have contacted the number on the machine at the time ..... and reject your appeal.

    It would pay you to go now and take photos of the signage on site and on the pay machine in case this gets to a court stage.

    Beyond your initial appeal to Excel (don't appeal to the IAS), forum advice is that you ignore anything else, unless you receive a Letter Before Claim from Excel or their low-rent solicitors BW Legal or real court papers. Come back on this thread if you do.


    I've appealed through their online appeal today. Do I just await their reply and go from there??
  • Umkomaas
    Umkomaas Posts: 44,393 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    pringle11 wrote: »
    I've appealed through their online appeal today. Do I just await their reply and go from there??

    Yes. There's nowhere further to go unless you get a LBC or MCOL court papers. Come back then.

    Have you got your photos? Important as the signs are your contract with Excel - you need to know the precise wording.
    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
  • Umkomaas wrote: »
    Yes. There's nowhere further to go unless you get a LBC or MCOL court papers. Come back then.

    Have you got your photos? Important as the signs are your contract with Excel - you need to know the precise wording.


    They have a photo on their site of the sign although its difficult to read. I'll do my best to get another one of my own.
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