Excel Parking and Debt Recovery - help

seatbeltnoob

Is this Excel exhibition centre?

Adam_

patient_dream said:

Adam_ said:

patient_dream said:

Adam_ said:

Snakes_Belly said:

I think that Marley22's case may also be similar to yours. The driver paid but did not need to display a ticket. 

I can't quite get my head around why a driver does not need to get a ticket yet they are issued PCN's when the driver has paid. There are a number of people who have had this issue but I can't understand what generates the PCN. When required to input a registration number then this should show on their records and match with the ANPR records and the amount paid. Are they sending out these PCN's when there is just a digit wrong? 

I think that I will take a look at these machines when I am next in Lichfield. I won't park there though. 

When you respond to the LBC demand to see the audit trail for the ticket machine and keep asking. 

Hi, apologies for the late reply to your messages, I didnt see them pop up on my account for some reason.

So I never responded to the Letter Before Claim, not sure if I've shot myself in the foot there not doing that.

We've just been on holiday for about 3 weeks but i've just returned today to find another letter from ELMS legal stating they've been instructed to recover the sum of £170 and I needed to contact them before the 20th May if not contact has been made they "will have no option but to issue legal proceedings to collect the outstanding balance, along with legal costs and interest" 

Pretty worried here as I was really expecting it to go this far.

Any help/advice would be massive appreciated at this stage.

The Letter before claim is a legal requirement called PAP, Pre Action Protocol, but for claimants only.  There is NO requirement for you to respond 

No big deal.   onwards and upwards now.  We know all about Elms and their daft claims.  Elms out of greed have fallen into the trap of adding a fake £70 which government has now banned.

What it means is that ELms are scamming you and in turn the court with a fake add-on.   What will satisfy a judge ?
A legal who adds fakes or the government who bans the fakes ?

A court claim requires a statement of truth and the penalty for misleading the court is called contempt.  The worst Elms could expect is prison

SO, stop worrying, if Elms are stupid enough to continue with fakery that really is their problem and they face a judge kicking out the case and awarding you costs of around £95

Of course it is your right to complain to the SRA, that is Solicitors Regulation Authority.  Your complaint would be that Elms is adding an amount that government has now banned

Follow everything you are told on here, the members on this forum are far smarter than the dodgy legals who add fakes

Thats so much for your response, although they haven't stated they're adding an extra £70 on i'm guessing Excel will take £100 and they will take £70? 

What would suggest to do now? Wait until legal proceedings start?

The scam is simple. the parking ticket is £100. Excel pass it to Elms who are their kissing cousins. Elms add the fake £70
You know what incest is I'm sure ...... you are looking at it in the face

Excel have used many legals also using the name VCS.
One particular legal (you will see on here) kept losing for them so they changed and found another legal who cost VCS a lot of money in court

In one case, Elms claimed in court that the person had a CCJ against them. IT WAS PROVED THIS WAS A FAKE .... the judge blasted  Elms and the last heard was the rep runnng out of the court screaming down the phone ...... no doubt screaming at Simon Renshaw-smith who owns Excel and VCS ???
ELMS LEGAL .... ???

Are you getting the picture of this fake scam ?  The judges have

Yeah thats all making sense really. I think because i've never experienced anything like this before its a bit nerve-wracking, especially if they take it to court.

Do you think its wise to contact anyone regarding this and tell them about the faulty ticket machines? and if so who do you think is best to contact to help bolster my case?

Adam_

seatbeltnoob said:

Is this Excel exhibition centre?

No its Excel Parking in Lichfield

Coupon-mad

Tell the local press that something is up with the ticket machines here and locals are getting unfair tickets from an ex-clamper firm.  Try to get an article in the paper and loads of people will come forward.

Snakes_Belly

Adam, you can still send a response to the LBC. In some instances a robust rebuttal letter to the LBC can see off the claim but with this PPC it is unlikely. 

I think I would send a letter disputing the claim as they can use the fact that you have not engaged with them against you. There will be an email address for their litigation department somewhere on your correspondence.

From what I understand about this car park they do not issue tickets but the machine issues a receipt if you press a button. I don't think that this is very apparent.

There has been so many issues with this car park and people have had similar experiences to your own. You need to have a read of the comments on the petition to have them removed which is now at over 1000 people who have petitioned to have them removed. I think that if I was a judge I would be swayed by all those comments. It does add credibility to your case if others have had the same issues. 

I cannot understand the mentality of Three Spires as Lichfield has been a good shopping centre and it is now losing major players. The new Designer Village is free parking all day and decent toilets that are cleaned regularly. Three Spires seems on a course of self destruction. 

Don't panic about the letters you receive from Excel and Elms. Concentrate on putting a defence together as Excel are likely to pursue this through the courts. It does seem daunting but it's not if you prepare well. I was ticketed in Burton on Trent and fought my corner. I did not come out badly. I think that it was a barrister engaged by Elms that represented Excel. He was not very well prepared. They don't have much time to prepare neither does the judge so you need to be on top of it. It's good experience.

   

Adam_

Snakes_Belly said:

Adam, you can still send a response to the LBC. In some instances a robust rebuttal letter to the LBC can see off the claim but with this PPC it is unlikely. 

I think I would send a letter disputing the claim as they can use the fact that you have not engaged with them against you. There will be an email address for their litigation department somewhere on your correspondence.

From what I understand about this car park they do not issue tickets but the machine issues a receipt if you press a button. I don't think that this is very apparent.

There has been so many issues with this car park and people have had similar experiences to your own. You need to have a read of the comments on the petition to have them removed which is now at over 1000 people who have petitioned to have them removed. I think that if I was a judge I would be swayed by all those comments. It does add credibility to your case if others have had the same issues. 

I cannot understand the mentality of Three Spires as Lichfield has been a good shopping centre and it is now losing major players. The new Designer Village is free parking all day and decent toilets that are cleaned regularly. Three Spires seems on a course of self destruction. 

Don't panic about the letters you receive from Excel and Elms. Concentrate on putting a defence together as Excel are likely to pursue this through the courts. It does seem daunting but it's not if you prepare well. I was ticketed in Burton on Trent and fought my corner. I did not come out badly. I think that it was a barrister engaged by Elms that represented Excel. He was not very well prepared. They don't have much time to prepare neither does the judge so you need to be on top of it. It's good experience.

   

Hey, thanks for your reply.

Sorry for the questions but how would you word the rebuttal letter or do you have a resource you can point me to so i can put one together.

I did think that because i've not responded it doesnt look good on my behalf.

Yeah i've looked through the petition comments and its clear theres an issue with the machines, I originally disputed the claim stating i'd paid for a ticket and if they were to check cctv they'd notice this but they refused and refused my dispute.

Yeah i'm a little nervous as I don't want to come out the other end with a hefty bill to pay.

In what way would you suggest to prepare for it? I've kept all my letters, I've got the dispute I sent and I've got the petition comments to use but other than that I don't really have much more to go with, unless you could suggest something?

Adam_

Snakes_Belly said:

Adam, you can still send a response to the LBC. In some instances a robust rebuttal letter to the LBC can see off the claim but with this PPC it is unlikely. 

I think I would send a letter disputing the claim as they can use the fact that you have not engaged with them against you. There will be an email address for their litigation department somewhere on your correspondence.

From what I understand about this car park they do not issue tickets but the machine issues a receipt if you press a button. I don't think that this is very apparent.

There has been so many issues with this car park and people have had similar experiences to your own. You need to have a read of the comments on the petition to have them removed which is now at over 1000 people who have petitioned to have them removed. I think that if I was a judge I would be swayed by all those comments. It does add credibility to your case if others have had the same issues. 

I cannot understand the mentality of Three Spires as Lichfield has been a good shopping centre and it is now losing major players. The new Designer Village is free parking all day and decent toilets that are cleaned regularly. Three Spires seems on a course of self destruction. 

Don't panic about the letters you receive from Excel and Elms. Concentrate on putting a defence together as Excel are likely to pursue this through the courts. It does seem daunting but it's not if you prepare well. I was ticketed in Burton on Trent and fought my corner. I did not come out badly. I think that it was a barrister engaged by Elms that represented Excel. He was not very well prepared. They don't have much time to prepare neither does the judge so you need to be on top of it. It's good experience.

   

Just in another response to your message, i've done a little googling and came up with this letter, obviously i completely new to this so you can rip me apart if you want haha. But i hope this doesn't sound too bad...

"I would like to note for the record that I disagree with the claim you have put forward regarding the failure to pay for a parking ticket at Three Spires car park, Lichfield on (TIME/DATE) for vehicle reg (NUMBER).

I can accurately state that under my best knowledge I had made payment for a parking ticket at the time and date stated. Due to these machines not issuing tickets or receipts it didn’t become apparent that a ticket had not been paid for at the time and date otherwise I would’ve made all attempts to ensure I had paid for a ticket. It’s therefore obvious that at the time I attempted to pay for the ticket the machine failed to recognise my payment attempt.

It is also clear that from the number of complaints, online comments, upset customers and now a petition with over 1000 signatures who have also fell victim to the services at Three Spires car park, Lichfield that the ticket machines and equipment are in fact faulty and do not function correctly at all times.

After receiving a number of harassing, bullying and demanding letters from Excel Parking that have caused unnecessary stress and discomfort this will be my last attempt to dispute this claim going forward.

Regards,

Adam"

Coupon-mad

If you have a LBC then use the more robust wording seen on Gladstones LBC threads recently.  Just scroll down the thread list, looking for Gladstones LBC threads till you find it (on more than one this past day or two). No idea which.  Look at thread titles.  Doesn't matter that your LBC is not from Gladstones.

Yeah i'm a little nervous as I don't want to come out the other end with a hefty bill to pay.

But that doesn't happen. You do need to read more threads, if you thought a small claim leads to high costs.

Even if you lost you'd pay less than the claim!  If you don't know why that is, you need to read the Template Defence and other threads.

And the NEWBIES thread explains that no CCJ is risked by following our advice, not even if you are one of the 1% here who lose.

Snakes_Belly

"I can accurately state that under my best knowledge I had made payment for a parking ticket at the time and date stated. There was no ticket or receipt issued however there must be a record of my payment on your records" 

"This seems to be a common issue with this car park as many other motorists have had similar issues and are now petitioning the landowner to have Excel Parking Services Ltd. removed from the management of the car parks at Backcester Lane and Gresley Row. "

Adam_

Coupon-mad said:

If you have a LBC then use the more robust wording seen on Gladstones LBC threads recently.  Just scroll down the thread list, looking for Gladstones LBC threads till you find it (on more than one this past day or two). No idea which.  Look at thread titles.  Doesn't matter that your LBC is not from Gladstones.

Yeah i'm a little nervous as I don't want to come out the other end with a hefty bill to pay.

But that doesn't happen. You do need to read more threads, if you thought a small claim leads to high costs.

Even if you lost you'd pay less than the claim!  If you don't know why that is, you need to read the Template Defence and other threads.

And the NEWBIES thread explains that no CCJ is risked by following our advice, not even if you are one of the 1% here who lose.

Thank you, i'll give those a read too.

I'll get looking into those, I think when I hear it going to court I just assume its naturally going to cause more cost.