Excel parking fine (ive followed the Newbies thread now out of ideas)

ealesy1986

Sorry for creating a new thread but I am now out of ideas.
I received a PCN in April this year from Excel Parking. Due to a misunderstanding with a B&M store I did not pay for the 25 minutes I stayed there. I explained this to Excel and appealed this decision to the ICS. I lost that appeal I was then issued with a £160 invoice final demand letter. I then emailed my local MP, today he has received a letter back and they still have not budged and would still like the £160. What are my next steps now? apologies if the information is there.

Snakes_Belly

Why was there a misunderstanding?  Was the signage confusing?  
£60.00 is a fake add on.   

Umkomaas

What are my next steps now? 

Wait to see what their next move is. It's not under your control what they might do next. It may be the issue of a court claim, they have 6 years in which to do so. The only silver bullet at this stage I'm afraid is one wrapped in a cheque - unless you can get B&M to tell Excel to cancel the charge. 

Redx

As above , it's a landowner cancellation or court , there is no in-between , you are at stalemate

You are looking for a magic bullet , stop looking , there isn't one !!

Le_Kirk

As above but also be aware that you might be (will be) bombarded with debt collector letters.  These are to be marked as "take no action" and then filed away as evidence of unreasonable behaviour by the PPC.  Don't mistake the difference between a debt collector letter and a formal letter of/before claim.

ealesy1986

Thanks All. A member of B&M staff told me that parking is free on a Sunday. I then left the car park without reading the signage to double check. I was only there 25 mins. Ive now wrote back to B&M. Ive received two final demand letters so far.

Coupon-mad

OK, see you when you get a court claim. 

Get B&M to admit in writing by email that they said parking was free on Sunday, it will be vital as evidence in court when you win.

Snakes_Belly

This is another example of the confusion caused by the disparity between council car parks and privately run car parks. Most council run car parks are free on a Sunday. Certainly in my area they are as they want to encourage people to shop locally. In the larger towns some are free and some charge a £1.00 per day on a Sunday.

This is something that I am going to mention in my comments in the public consultation of the new code of practice. 

The OP may want to write back to his MP. Thank them for their help, mention the disparities and ask if they would forward your comments to Robert Jenrick.

I would also keep your communications from your MP. They will be useful in your WS.  I think that a judge would realise that you are not a chancer. It's not the action of someone who was just taking a chance.
 

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs, and in some cases, cancellation. 

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 later this year,

Just as the clampers were finally closed down, so hopefully will many of these companies, 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.

http://www.legislation.gov.uk/ukpga/2019/8/contents/of these Private Parking Companies.

Coupon-mad

Please now make a real difference.

The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

At the very least, we say the parking charge level should be £50/£25 or higher level £70/£35, as per Council PCNs in E&W.  

And we say the added fake 'debt recovery' costs are just double counting the cost of letters, and MUST GO because that is unfair and illegal.

Please be heard.  You can bet the hundreds of PPCs will be commenting.

ealesy1986

Thanks everyone I have now received my Letter Before Claim letter should I respond to this? I also received the below from B&M customer service confirming my concerns. The staff actually think the parking is free up to three hours.

“Every colleague in store knows the parking is up to three hours free before the machines charge, so then they advise customers to validate their registration plate into the tablet on the wall located behind the till. When customers ask we always tell them the same information to avoid massive fines. The carpark is shared with Tk Maxx, Tgi Friday, Aldi and so people have knowledge about it in the area but we like to repeat the information when customers are not sure or when we are asked in store
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I am sorry we are unable to be of any further assistance
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