How do I challenge an Excel Parking fine?

cruise2809

After posting on this website earlier today, it appears that I have started wrongly as a 'newbie' and should have begun a new thread regarding this query. My assumption was that I just 'add' to any existing thread on here but clearly replies said that I was wrong - sorry!
Hopefully with this post, I may be using this forum correctly and perhaps someone may be able to provide me with a steer in the right direction.

I have been issued a parking fine by Excel parking dating back to February and have challenged it all the way so far. I have received all the letters as per this forum warned me I would but I am now beginning to become concerned. I am totally bemused why I received a ticket in the first instance as I displayed my parking ticket, it was for a full 24 hours, I only needed 6 of these hours!!! Then the parking attendant actually photographed my vehicle with the ticket displayed in the window. I have a receipt of the ticket purchase still too as proof. The photo of the ticket displayed in my vehicle is one they are claiming as evidence - how????? This has completely baffled me.
I have written to them, filling in the dispute forms, detailing why I believe that the fine was unjust and have now received a "Response Pack" with Admission Form N9A or Defence and Counterclaim N9B. I am about to fill in the latter but noticed on one of the threads that Excel Parking wont respond anyway. They haven't responded so far even though I sent my last letter recorded delivery and it has been signed for. I am now at a loss of which direction to take now and was hoping that someone may have expereinced similar and would know what to do.
Any suggestions of where to go next?  Many thanks in advance.

KeithP

Hello and welcome.

What is the Issue Date on your County Court Claim Form?

Don't rush to fill in any forms.

Coupon-mad

Any suggestions of where to go next?  

Yes.  Go back to the sticky thread in capital letters at the top of this forum, which begs people to read it first and tells you how to win in court and what to do when, and how.  The second post of it is all about court stage.  What more do you need to know?  

Fruitcake

It is not a fine.

Please tell us what has happened and when, what you put in your initial appeal, and what happened afterwards.

Pleas also follow the guide to court written by bargepole that you will find in the second post of the NEWBIES .

Redx

As above , it's not a fine , it's a speculative invoice from a private firm , learn the correct terminology by reading the 5th post in the newbies thread

No appeal is successful , not would it have been , but a landowner cancellation would have been

If you have a CCBC in Northampton claim pack , post the issue date below , email a SAR to the DPO at Excel and read the second post of the newbies FAQ sticky thread near the top of the forum

Do not start filling in the claim pack forms

There is no service called recorded delivery , you mean signed for delivery , which currently the post office do the signing and have done since lockdown , meaning its not proof of a company employee signing it

Do not use this again , it's meaningless , especially at the moment

cruise2809

Thanks all. Wow, there is so much information here and it is like a minefield. I have followed your advice Coupon-mad and read the thread and now feel a little overwhelmed.
Fruitcake, in response to your question, this is what I wrote in my letter to the company:

"You issued me with a parking ticket on 10th February 2020 but I believe it was unfairly and unlawfully issued. I will not be paying your demand for payment for the following reasons:

 This ticket was issued unlawfully as thankfully I have located receipt from the ticket machine from that day which I have located in the vehicle. I paid for my ticket via card payment at 08.55 on 10/02/20 and am happy to submit a copy of this said ticket should you wish to take this matter further.

 I find it incredibly poor taste that I receive a letter from you in the first instance, both threatening and unjust. If my vehicle was parked inappropriately, I would have expected to learn more from you, prior to this threatening letter. I have received no correspondence from you and have been given no option to pay a reduced amount as stated in your opening paragraph. I am presuming a timescale is considered and it escalates as time progresses. However, this seems inappropriate and unfair without any prior warning. Your letter of 14th April 2020 states that, “My account has now been passed to our debt management team for the recovery of the outstanding charge amount. Any option to pay a reduced amount has now elapsed.” Please may I enquire what the sliding scale is for your company?

 Whilst I can appreciate that your company may be financially bearing the burden through these unprecedented times, I find your letter incredibly unfair and inappropriate. The fact that the photograph on your website clearly illustrates my displayed parking ticket and the fact that it expired at 02.30 on Tuesday 11th seems very unusual. Why has the parking attendant issued a parking ticket when they could clearly see a ticket has been purchased, displayed legally in the vehicle’s window and within the said timeframe? I am utterly confused by this. Please could someone explain? I clearly paid for a ticket, displayed the ticket, adhered to the law and yet I am being charged with £160! I did receive my blue Privacy Notice ticket on that day but I did actually dismiss this as I knew that I had not breached the parking laws. Quite simply, the parking attendant got it wrong and the vehicle was not parked inappropriately at the time the ticket was issued.

The charge is disproportionate and not commercially justifiable. The amount you have charged is not based upon any commercially justifiable loss to your company or the landowner. In my case, the £160 charge you are asking for far exceeds the cost to the initial ticket I purchased – a day ticket costing £4.00. I therefore feel the charge you have asked for is illegal and excessive.

If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter."

Coupon-mad

Oh dear.  You used the awful MSE article appeal that should have been taken down years ago.  Forget the MSE stuff about appealing parking tickets, it's misadvised and unhelpful to you.  That's an awful appeal.  No harm done but utterly pointless and wrong - this is bit is five YEARS out of date and a hopeless argument that MSE shouldn't be spouting:

The charge is disproportionate and not commercially justifiable. The amount you have charged is not based upon any commercially justifiable loss to your company or the landowner. 

What is the Issue Date on your County Court Claim Form?

Redx

The PCN is not unlawful as it broke no laws , it's an invoice and anyone can issue an invoice to another entity at any time for any reason , hence why it is not a fine , fine is a legal term that does not apply to this topic

The no loss argument was kiboshed in the Beavis case , although the penalty rule could be engaged due to the Beavis case which was a supreme court case a few years ago

The blue warning is not considered a PCN , but the ntk was a PCN , an invoice if you will

You won't be able to digest all the legal aspects in one sitting , it will need several sittings to get you up to speed , Rome wasn't built in a day

Post the issue date from the claim form below if it's a court claim

KeithP

KeithP said:

What is the Issue Date on your County Court Claim Form?

Redx said:

If you have a CCBC in Northampton claim pack , post the issue date below...

Coupon-mad said:

What is the Issue Date on your County Court Claim Form?

Redx said:

Post the issue date from the claim form below if it's a court claim

I guess the OP missed that question.  

cruise2809

Thought I had posted the date earlier Keith - my mistake.
The issue date is the 8th July 2020.

nosferatu1001

Have you read the newbies thread second post, and acknowledged the claim online yet? You must do so today. 
The newbeis thread has complete instructions for the complete process, start to end, you must read and digest this first before you ask more quesitons on process. I g'tee 99% of all questions are already asked and answered there. 
You will not - will not - be able to skim read and understand this. Doing so wills impluy cause you confusion. CUp of tea, cake, and read. and read. and read.