Excel and their ticketless machines

Coupon-mad

Thing is, these companies know that Trading Standards hardly exists for local issues any more.

Sadly, CTSI does still exist to let the likes of IAS remain an ADR.

Trainerman

Sounds like this site is a deliberately set money trap. It is disgraceful. However, if so many people have been trapped, would that petition itself not become evidence in the small claims court, allowing bullying claims to be defeated there?

Snakes_Belly

Trainerman said:

Sounds like this site is a deliberately set money trap. It is disgraceful. However, if so many people have been trapped, would that petition itself not become evidence in the small claims court, allowing bullying claims to be defeated there?

I would have thought so and this has been suggested. There are several posters on the forum who are currently fighting claims. 

Half_way

Looks like a bin bag over the ANPR cameras might help at this site

hatty60

I have had an issue with excel parking!  they have been sending me notice and reminders (PCN) since December of last year! after I know I paid and the ticket machine stated that it didn't issue tickets which should have red-flagged me!! I have today received an ELMS Legal notification of instruction to inform me of a pre-action protocol?? My argument is that if I hadn't paid why was no ticket on the vehicle on the day? according to the Protection of Freedoms act, 2012 section 9.5 the parking charge notice must be sent out 14 days after the said incident mine wasn't it was over a month! so they have no legal right to charge me anything!! this is from a lawyer!

Umkomaas

hatty60 said:

I have had an issue with excel parking!  they have been sending me notice and reminders (PCN) since December of last year! after I know I paid and the ticket machine stated that it didn't issue tickets which should have red-flagged me!! I have today received an ELMS Legal notification of instruction to inform me of a pre-action protocol?? My argument is that if I hadn't paid why was no ticket on the vehicle on the day? according to the Protection of Freedoms act, 2012 section 9.5 the parking charge notice must be sent out 14 days after the said incident mine wasn't it was over a month! so they have no legal right to charge me anything!! this is from a lawyer!

They will pursue you on the presumption that the keeper was also the driver, which you seem to be confirming in your text above!  Not meeting the PoFA timescales does not invalidate the ticket, and while I'm no lawyer, if yours is telling you they are acting with no legal right, then I'm afraid he/she is wrong.

hatty60

Umkomaas said:

hatty60 said:

I have had an issue with excel parking!  they have been sending me notice and reminders (PCN) since December of last year! after I know I paid and the ticket machine stated that it didn't issue tickets which should have red-flagged me!! I have today received an ELMS Legal notification of instruction to inform me of a pre-action protocol?? My argument is that if I hadn't paid why was no ticket on the vehicle on the day? according to the Protection of Freedoms act, 2012 section 9.5 the parking charge notice must be sent out 14 days after the said incident mine wasn't it was over a month! so they have no legal right to charge me anything!! this is from a lawyer!

They will pursue you on the presumption that the keeper was also the driver, which you seem to be confirming in your text above!  Not meeting the PoFA timescales does not invalidate the ticket, and while I'm no lawyer, if yours is telling you they are acting with no legal right, then I'm afraid he/she is wrong.

Your no lawyer? so why are you right? and it states this on the POFA ? The notice is an invoice not a fine, it doesn't come with a wet signature and is not in a recorded delivery envelope?

KeithP

hatty60 said:

Umkomaas said:

hatty60 said:

I have had an issue with excel parking!  they have been sending me notice and reminders (PCN) since December of last year! after I know I paid and the ticket machine stated that it didn't issue tickets which should have red-flagged me!! I have today received an ELMS Legal notification of instruction to inform me of a pre-action protocol?? My argument is that if I hadn't paid why was no ticket on the vehicle on the day? according to the Protection of Freedoms act, 2012 section 9.5 the parking charge notice must be sent out 14 days after the said incident mine wasn't it was over a month! so they have no legal right to charge me anything!! this is from a lawyer!

They will pursue you on the presumption that the keeper was also the driver, which you seem to be confirming in your text above!  Not meeting the PoFA timescales does not invalidate the ticket, and while I'm no lawyer, if yours is telling you they are acting with no legal right, then I'm afraid he/she is wrong.

...it doesn't come with a wet signature and is not in a recorded delivery envelope?

Does POFA insist on a 'signed for' service being used?

Wet signature? Did your lawyer mention that?

@hatty60, you really should be updating your own thread with this stuff rather than disrupting the flow of this thread.

Johnersh

@hatty60 the ppc may well have sent a PoFA notice late.

The standard claim form when it comes will be pleaded in the alternative that you were keeper and/or driver, which will permit them to argue you were driving if they need to. The burden of proof is then with them, but it remains an option, such that PoFA may not be the complete defence that you suggest. 

Careful of assumptions: Unless we're debating document execution by deed (and we're not) very little requires a wet signature and no court proceedings require registered post.  

Umkomaas

hatty60 said:

Umkomaas said:

hatty60 said:

I have had an issue with excel parking!  they have been sending me notice and reminders (PCN) since December of last year! after I know I paid and the ticket machine stated that it didn't issue tickets which should have red-flagged me!! I have today received an ELMS Legal notification of instruction to inform me of a pre-action protocol?? My argument is that if I hadn't paid why was no ticket on the vehicle on the day? according to the Protection of Freedoms act, 2012 section 9.5 the parking charge notice must be sent out 14 days after the said incident mine wasn't it was over a month! so they have no legal right to charge me anything!! this is from a lawyer!

They will pursue you on the presumption that the keeper was also the driver, which you seem to be confirming in your text above!  Not meeting the PoFA timescales does not invalidate the ticket, and while I'm no lawyer, if yours is telling you they are acting with no legal right, then I'm afraid he/she is wrong.

Your no lawyer? so why are you right? and it states this on the POFA ? The notice is an invoice not a fine, it doesn't come with a wet signature and is not in a recorded delivery envelope?

Absolutely correct, I made that clear in my post.

But take note, @Johnersh is!

Johnersh said:

@hatty60 the ppc may well have sent a PoFA notice late.

The standard claim form when it comes will be pleaded in the alternative that you were keeper and/or driver, which will permit them to argue you were driving if they need to. The burden of proof is then with them, but it remains an option, such that PoFA may not be the complete defence that you suggest. 

Careful of assumptions: Unless we're debating document execution by deed (and we're not) very little requires a wet signature and no court proceedings require registered post.