Excel Parking ticket

CasperEcho3434

(SUCCESS, COMPLAINED TO OWNER WHICH WAS SAVILLS)


I made the mistake of taking them seriously and now I am at the stage of theIAS wanting a reply after my initial complaint to them.

Middlesbrough Cineworld leisure Park Parking (I contacted middlesbroughleisurepark in accordance with the email on their site but still no reply)

edited - I would tell my MP but I don't know who exactly I would send that to considering its elections at the moment.

it was at night, pouring down with rain

I was in my car with my grandpa, he is a disabled user and I parked in a disabled parking Bay because my car is a low 3 seater, more space for him to get out of it, I put the badge up and when I came back, (5 - 10 minutes later) my badge was on the floor of my car and there the patrol officer was in the process of giving me a ticket, I gave him proof of such Disabled badge but he would not have it.

A couple of weeks later they are making these points.

The appellant states that their passenger has a disabled badge, but says it must have fallen when exiting the vehicle. When entering this private land it is solely the responsibility of the motorist to familiarise themselves with, and to fully comply with the Terms and Conditions displayed.

1. We note the appellant has now sent a copy of their passenger's blue badge. However this was not displayed at the time of the contravention. The circumstances of their visit do not mitigate the appellant's contravention and do not nullify their liability for the PCN."


The Patrol Officer (PO) observed the appellant's vehicle in situ parked without displaying a valid Disabled Blue Badge in the front windscreen. When digitally recording the contravention, the PO noted “driver dove vehicle away whilst issuing p.c.n unable to take final photograph.” (HE WALKED AWAY FROM MY CAR WHILST POINTING AT THE DISABLED SIGN SO THIS IS A BLATANT LIE, HE ALSO DID NOT SAY A WORD WHILST LEAVING.) He also had 4 photographes of my car.

8. When entering this private land it is solely the responsibility of the motorist to familiarise themselves with, and to fully comply with the Terms and Conditions displayed. These clearly state ‘Disabled bays are for valid disabled badge holders only. A valid disabled badge MUST be displayed in the front windscreen of the vehicle with the details clearly visible at all times'. We maintain that our signs are fully compliant with the International Parking Community Code of Practice (IPC).

12. The Equality Act 2010 says that providers of services to the public must make ‘reasonable adjustments' to remove barriers which may discriminate against disabled people. In this instance 'reasonable adjustments' to prevent discrimination are likely to include larger ‘disabled' parking spaces or amenities for disabled people whose mobility is impaired and could include lowered payment machines etc. Parking bays for the use of disabled motorists are provided at Middlesbrough Leisure Park to make it easier for disabled motorists; we do make ‘reasonable adjustments' to remove barriers which may discriminate against disabled people in accordance with the Equality Act.

13. With regards to our Patrol Officers, it is not their responsibility to advise motorists on the Terms and Conditions in place. They are employed to solely issue PCNs to vehicles in breach of the Terms and Conditions.

I have checked other threads but I am not sure how niche my case is here in terms of what I should do. Help is very much appreciated. Also I provided proof of such badge to them.

If there is anything you guys want me to add, I will.

Ralph-y

hi, and welcome to the forum ....


what did Middlesbrough cineworld have to say ? if you have not complained to them yet then do so now ... not to customer services but the manager ....


you are now in wait and see mode ... read up on #2 of the newbies thread so you are prepared if/when it goes to court ...


newbies thread

https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou

dealing with more that one querery per thead onle leads to confusion


other useful info



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what is the court like ...
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https://www.youtube.com/watch?v=n93eoaxhzpU


Ralph:cool:

CasperEcho3434

Ralph-y wrote: »

hi, and welcome to the forum ....


what did Middlesbrough cineworld have to say ? if you have not complained to them yet then do so now ... not to customer services but the manager ....


you are now in wait and see mode ... read up on #2 of the newbies thread so you are prepared if/when it goes to court ...


newbies thread

dealing with more that one querery per thead onle leads to confusion


other useful info



HOW TO USE THE FORUM SEARCH FUNCTION:

Use the Forum Jump button (one near the top and one near the bottom of this page) to get back to the forum thread list. Just above the threads, on the right, is a heading along a line, next to forum tools, called 'Search this Forum'. Put your key word(s) in and change the default search from 'Show Threads' to 'Show Posts'.




NEWBIES - HOW TO UPLOAD LINKS TO PHOTOS/SCANS TO MSE

To upload a photo/scan link, you first need to host it on a free photo hosting site (like Dropbox, Imurg or Tinypic), copy the URL, paste it here, but change the http to hxxp and we'll do the conversion. Newbies can't directly upload links to photos/scans until they've a few posts under their belt.

what is the court like ...
Have a look at this short video:




Ralph:cool:

I sent an email from the email based on their site which is called middlesbroughleisurepark, i did this last thursday and no reply as of yet. (in the contact us area)

I will take a look at what they suggested to familiarise myself more, thankyou

The_Deep

I gave him proof of such Disabled badge but he would not have it.

If this gets to court be sure to call him as a witness

With regards to our Patrol Officers, they are employed to solely issue PCNs to vehicles in breach of the Terms and Conditions.

They might struggle with that in court. If this does go to court consider counter-claiming for disability discrimination.

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so also consider complaining to your MP after the election, as it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT][/FONT]

CasperEcho3434

The_Deep wrote: »

I gave him proof of such Disabled badge but he would not have it.

If this gets to court be sure to call him as a witness

With regards to our Patrol Officers, they are employed to solely issue PCNs to vehicles in breach of the Terms and Conditions.

They might struggle with that in court. If this does go to court consider counter-claiming for disability discrimination.

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so also consider complaining to your MP after the election, as it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT][/FONT]

So should i just sit it out and let them try go through their usual threats? I am assuming not to reply to their counter argument at this stage.

Thanks for the reply, I may need to try to put something together just in case because I am not too familiar with this stuff as a new driver.

edit - Do I try to contact anyone like my MP right now? I am not sure who I would be sending such email to cosidering elections right now unless I should wait like you said.

Umkomaas

Now you've made your initial appeal to Excel and having had it rejected, there is really nowhere else to go in terms of appeal as the IAS is nothing more than a kangaroo court which guarantees members over 80% rejection rate on motorist appeals.

The place to get this sorted is in court - if Excel go that far. So for you it's just a question of ignoring everything from here on other than a Letter of Claim or formal court communications. Come back on this thread if you get either.

The_Deep

Leave contacting your MP until after the election.

KeithP

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CasperEcho3434

"Final Demand"

I emailed my mayor as of 5 days ago, no reply yet but that seems reasonable up to now, I also contacted the owner of the land 2 months or so ago, no answer from that also.

They are now demanding £160 and the associated court fees, solicitor costs and statutory interest

Excel have decided this is my final opportunity to pay followed by what look like threats and scares such as

"If we successfully obtain a County Court Judegement(CCJ) against you this may have a detrimental effect on your future creditworthiness and employability, in addition, we will commence enforcement proceedings against you for the recovery of the debt. The potential impacts of having a CCJ are below"

"Negative impact on your credit rating"
"affect your current employment or future prospects of employment"
"enables enforcement action to commence such as obtaining an attachment of earnings, placing a charge or restriction on your property for a warrant execution (Which will result in bailiffs being apppointed"

Le_Kirk

Frighteners! Does this letter give you 30 days to pay or respond and contain financial forms (which you don't fill in) and does it contain full POC and all the evidence they are going to rely on in court? If not it is a standard debt collector letter and you can safely take no action except to file it safely.

MistyZ

CasperEcho3434 wrote: »

I also contacted the owner of the land 2 months or so ago, no answer from that also.

Who exactly did you contact? Is Cineworld or Middlesbrough Leisure Park the owner for sure? If there's any uncertainty about who to complain to, you need to a) do your best to identify them and b) be prepared to send the same indignant email to the CEOs / Managers of several firms i.e. to cast the net wide.

I'd recommend asking your grandad to add his own complaint to yours, including a copy of his blue badge.

If Cineworld are the landowner, you and your grandad could ask to see the manager - again, take the blue badge.

Don't worry one iota about sending several emails to the same person if persistence is required. Don't worry about emailing people who may not have any jurisdiction, just do it.

Are you up for a court appearance? It's not a powdered wigs affair, much more informal than that. It would take a bit of planning but why not go for it if it comes to that? Read up on court preparation involving the same PPC in order to get a feel for the process.