Parking ticket upside down on dashboard

Ajw123

I have received a demand from Excel parking for £130 to be paid within 7 days or face court action I have already appealed to the IAS who have rejected my appeal they have sent photo evidence that my ticket was upside down there is a serial number on the back visible in the photo and this matches the actual ticket that I have the ticket was well in time when the photograph was taken. I paid £6 to park for 24 hours and the photo was taken at 07.00 and did not run out until 14.00 on the day in question the weather was awful so all I can think that as I left my vehicle the wind caught it and moved the ticket or it somehow moved in the wind during the night. I surely have a defence that I purchased a ticket and the car was parked legally in their car park also how independent is the IAS all seemed a bit of a farce appealing to them in all honesty

nosferatu1001

You sure it is a letter before claim and says they WILL issue a court claim? 
Of course you have a defence
You complied with 99% of the contract on offer, and why are you assuming it was your fasult? When you left the vehicle it was completely in view. 

Ajw123

I have received a demand for payment to be paid within 14 days or will face further costs and if not paid by the deadline they may commence legal proceedings quoting parkingeye ltd v beavis in which the supreme court held that parking charges serve a legitimate commercial interest and are neither extravagant nor unconscionable 

D_P_Dance

They appear to have added an unlawful amount of at least £30.  Plwase read this and complain to your MP.

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

Fluttering tickets are  very small beer, read this,

https://uk.practicallaw.thomsonreuters.com/1-382-3382?transitionType=Default&contextData=(sc.Default)&firstPage=true

and this

https://uk.practicallaw.thomsonreuters.com/1-382-3382?transitionType=Default&contextData=(sc.Default)&firstPage=true

KeithP

Ajw123 said:

I have received a demand for payment to be paid within 14 days or will face further costs and if not paid by the deadline they may commence legal proceedings quoting parkingeye ltd v beavis in which the supreme court held that parking charges serve a legitimate commercial interest and are neither extravagant nor unconscionable 

Two points there:
1) They use the word 'may' not 'will', and
2) They only allow you 14 days to respond whereas a real Letter of Claim must allow 30 days.

Treat this as you would any other debt collectors letter. 
The fourth post on the NEWBIES thread offers good guidance on that.

D_P_Dance

Have you not read the newbies thraed, it tells you hoe to deal with DCAs.  have you complained to your MP?