Excel Parking Services- Appeal refused

Spencerdog123

Hello there,

I received a parking ticket in a busy town center in a private land car park.
I was in a huge rush at the time for an appointment... Parked my car, machine out of use.... walked around for a while and found another machine, that too was out of use. I took pictures of both machines out of use at the time before I left my car. I tried to call the helpline but believe it or not my appointment was to sort my phone out as it was unusable (but had a spare). The phone rang and rang, was not getting through to anyone.

Next option was pay by phone, I had a flip phone so that wasn't going to work.
Parking was £2 (very reasonable) and had no means of paying so I Couldn't pay. I had to leave my car there to got to my appointment. Came back to a ticket. Plenty of others in that car park received a ticket too.

Took pictures of both machines again (still out of use). all pictures of machines display the date and time
They have declined my appeal because of reasons like this:
-I should have parked elsewhere
-I should have made alternative payment (machine out of use/ had flip phone????)
I should have called the helpline

I now have the option to pay £60 before end of the month instead of £100 or appeal to the IAS (which I have heard is very low success rate).

I have no clue what to do? and whether its worth appealing again with all this Kangaroo court nonsense that IAS is. or is the case not strong enough and I should pay?

Kind regards

beamerguy

We are hearing more and more about faulty machines and in particular EXCEL and their sister company VCS

This is bad car park management and frustration of contract as the signs will clearly instruct you to pay

The general feeling is that parking companies are knowingly disabling the machines to attract £100 fines

You need to be talking to the landowner about this and get cancellation. It might be a good idea to contact your local media for investigation. Your MP should get involved in the investigation

The IAS is a scam joke and set up by Gladstones Solicitors to attract scammers where there is only one answer and that is "appeal rejected" .... no point talking to a scam

DO NOT PAY ..... if it ends up in court, the judges are well aware of the scam and EXCEL get whooped often and then you claim costs

In the meantime be prepared for debt collector letters which you ignore
https://forums.moneysavingexpert.com/discussion/comment/74439905#Comment_74439905

Umkomaas

there is only one answer and that is "appeal rejected"

@BG - they don't let people down as gently as that! It's:

Appeal Dismissed

beamerguy

Umkomaas wrote: »

@BG - they don't let people down as gently as that! It's:

Appeal Dismissed

Whatever ..... they win, the motorists loses

The_Deep

The whole industry is a scam, relying on threats of court, and public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

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.

Spencerdog123

Thank You very much for your prompt reply.

Literally 50 50 at the minute whether to pay or not.

i will not appeal again as advised.

Things that drive me:
-I had the money to pay
-I feel I have good enough explanations to why I couldn't pay (I took pictures of the broken machines even before I left my car)
-I don't want to let these guys win

The doubt points:
- What is the worst case scenario?? Could get rid of this for £60 but if I pursue this what could it go up to? (considering I attend court date and I only take the court papers into consideration)
-Suffer from anxiety, so not good for me to have this lingering
-Do not want a CCJ on credit file

I really appreciate all of your help!!!!

Parkingfines

Why on earth would you even think about paying?, you just forget about them , if you get a court claim just come back here

Spencerdog123

The reason I think it may be better to pay is because I'm not aware of how far they could take this. Worst possible scenario is that a £60 fine could turn into how much????

Also another concern would be that I don't want anything on my credit file and apparently a CCJ could be present... I would be willing to go all the way if my evidence I mentioned suffices and if the worst possible scenario happens.. as long as it wouldn't cost too much

Kind Regards

nosferatu1001

Assuming you dont behave unreasonably - so filing papers on time, file a decent defence etc, and dont !!!! off the court on the day - then your total costs would be £200

If you pay on the day, or within 1 month, you do not have a CCJ on file at all.

However - you can prove the machines were broken, so they were offering something they could not provide ie parkign in exchange for payment. So you would struggle to lose this one!

If you suffer fromn anxiety then reading up on this topic can help - have a look around , read the completed cases we have on here. There are a few! THey all tell you what to expect on the day. Not all are posisitve - you get "court lottery" - but this is exceptionally winnable.

waamo

You would only get a ccj if they took it to court, you lost and then you didn't pay it.

Even if you did lose providing you pay promptly you do not get a ccj.

Spencerdog123

nosferatu1001 wrote: »

Assuming you dont behave unreasonably - so filing papers on time, file a decent defence etc, and dont !!!! off the court on the day - then your total costs would be £200

If you pay on the day, or within 1 month, you do not have a CCJ on file at all.

However - you can prove the machines were broken, so they were offering something they could not provide ie parkign in exchange for payment. So you would struggle to lose this one!

If you suffer fromn anxiety then reading up on this topic can help - have a look around , read the completed cases we have on here. There are a few! THey all tell you what to expect on the day. Not all are posisitve - you get "court lottery" - but this is exceptionally winnable.

That has made me feel better.... I am not too panicked by the money and if the CCJ is avoidable on my credit file that is an even bigger drive. Want to do it for principle to be honest.

One more query, with me not appealing with the IAS and ignoring letters (but not the court ones) would that not stand me in bad way because i have not been compliant with trying to resolve the matter and attempted to push it aside/ ignore it.

I also moved address since I made the appeal with them direct, so the appeal address is different to the one I am now at. (may miss court papers)

All your helpful drive has re-ignited the flame to want to take it all the way, Thank you