Excel Parking ticket - on university grounds

teamum16

Hello

First post here. Bit of background, I work at a university, I have a parking permit issued by the university to allow me to park on university owned car parks. When I park in a university owned space, I also have to pay a small fee via the Connect Cashless app. There is very little parking around the area of campus I work in and so, for the past 15 years, I have been parking regularly on a driveway at the side of a university owned building along with 4 or 5 others.  It is a single driveway so we do park behind each other, effectively blocking each other in, but the agreement has always been to leave contact details with estimated time of leaving on our dashboards and we always move cars within 5-10 mins of being contacted. It has never been a problem and before Excel took over the parking, no tickets were ever issued.

I received a PCN in May 2022. My permit was valid and I had paid the parking fee via the app. The reason was stated on the ticket as not being parked within a designated bay. I initially appealed to the university but was told to appeal to Excel. I appealed to Excel but was unsuccessful and again they stated my car was not within a designated bay. I have photos that show there are no bays marked on this piece of land.

I ignored all debt collector letters and received a small claims letter in February. So far I have done the AOS, filled in the MCOL and sent the defence email to CCBC and I have filled in the N180 and sent back to excel and CCBC.

I have now received a letter from Excel saying that ELMS legal are no longer acting on their behalf and they are acting for themselves and they are willing to accept a reduced settlement of £195.

I'm losing my nerve a little here as I thought (still do) I was in the right although points 2 and 5 on the parking sign worry me (2. Vehicles must be parked wholly in a designated bay as not to restrict access to adjoining bays and 5. Vehicles must not be parked as to curse obstruction or inconvenience to others). I guess I'm arguing that as this was a long term agreement and details were provided to other car users, I wasn't causing an obstruction or inconvenience. Plus how can I have been parked in a designated if there are none?

Is it worth still defending or shall I accept the £195 offer?

For further information, this is my defence I sent as part of the email to CCBC:

Mrs xxx has been an employee of the University of xxx for 15 years and during that time has always held a valid Category B permit allowing her to park in any Category B permit space on a first come, first served basis. Mrs xxx was parked on the driveway of xxx Road, at the time the parking ticket was issued.  A valid permit was in place plus a daily parking charge via the Connect Cashless PayByPhone app had been paid.

The PCN states that the defendant was not parked wholly within the markings of a designated parking bay. At the time of the PCN issued there were no parking bays marked on the driveway and currently there are still no designated bays marked out.  The defendant has photographic evidence of this.

It is accepted that the defendant was parked in front of another vehicle at the time, however, a long standing agreement was in place between all car owners that this was, and is, an acceptable method of parking and Mrs xxx, along with the other car owners, had left contact details and expected departure times such that each car could be moved without causing any obstruction or inconvenience to the other vehicle owners.  This agreement has been in place for the entirety of time Mrs xxx has been employed by the University.  Therefore, it is not accepted that access was restricted or obstructed to any other parking users, and no person was inconvenienced. 

Trainerman

First question in my mind is whether Excel are recent pariahs operators on the scene OR has there always been a PPC and signage?

B789

@teamum16 Do not pay as there are false costs added to the original PCN. I suggest you have a read of this judgment against Excel where the claim was struck out because of the false added costs:

https://www.dropbox.com/s/mknv1vezvd0vi6c/excel v wilkinson.pdf?dl=0

You are now a victim of the scam and you should also read the Newbies thread near the top of this forum.

teamum16

Trainerman said:

First question in my mind is whether Excel are recent pariahs operators on the scene OR has there always been a PPC and signage?

Thanks for replying. Parking used to be under universities control, it has changed to Excel but I can't say when this was. It wasn't communicated to us as far as I know.  I've definitely been in the same parking spot when a university campus warden came round to check permits and talked to them and they never issued any tickets - this was a few years back though. Parking wardens still see, to wear the university uniform though.

I have no photographic evidence of the previous signs but they looked very similar, so nothing to say parking has been swapped to a private firm

Umkomaas

I've definitely been in the same parking spot when a university campus warden came round to check permits and talked to them and they never issued any tickets - this was a few years back though. Parking wardens still see, to wear the university uniform though.

If the parking spot is still patrolled by a Uni employee warden, then this sounds like a self-ticketing operation. Is there a new warden on patrol?  Have a word with the Uni's Estate Manager to see if they can cancel this, and get to the bottom of why ticketing has commenced at the spot. 

teamum16

Umkomaas said:

I've definitely been in the same parking spot when a university campus warden came round to check permits and talked to them and they never issued any tickets - this was a few years back though. Parking wardens still see, to wear the university uniform though.

If the parking spot is still patrolled by a Uni employee warden, then this sounds like a self-ticketing operation. Is there a new warden on patrol?  Have a word with the Uni's Estate Manager to see if they can cancel this, and get to the bottom of why ticketing has commenced at the spot. 

I spoke to university estates when I first got my ticket and they said it is a matter for Excel.  There is a page on the uni website I've recently found that says: 

The University car parks are patrolled regularly by our campus wardens to ensure proper parking and legitimate use.
The aim is not to catch people out, but rather to protect the interests of the University and colleagues who have correctly followed the parking procedures.

Parking Charge Notices are the responsibility of Excel Parking, an external company that deals with all administration of the parking charge notice and debt collection for Parking Charge Notices issued at the University of xxx.
All contact should be with Excel Parking. Anyone receiving a Parking Charge Notice must pay, or make contact with Excel Parking, within 28 days to avoid escalation of the notice. We recommend that you do not ignore the Parking Charge Notice.

Excel Parking are members of the International Parking Community (IPC) and as such can obtain keeper details from the Driver and Vehicle Licensing Agency (DVLA). Ignoring the notice would result in the case escalating, as per IPC guidelines, and the Parking Charge Notice will be passed to a debt collector.

This will see the debt increase in value and may result in court action against the keeper of the vehicle or person liable.

Umkomaas

I'd have another go at them, especially given the time you've been using that spot unhindered. Is there an Excel sign in that location?  If not take photos to prove.

Are you a union member?  Can they help?

teamum16

There is a sign with both university and excel on it and, no, not part of the union.

I have read the newbies thread and understand that I shouldn't pay this new offer of £195 due to excess costs etc but if I can't get my university to drop this, do you think I have any chance when I go to small claims?

Umkomaas

teamum16 said:

There is a sign with both university and excel on it and, no, not part of the union.

I have read the newbies thread and understand that I shouldn't pay this new offer of £195 due to excess costs etc but if I can't get my university to drop this, do you think I have any chance when I go to small claims?

No one can predict absolutely Court outcomes, but the vast majority of cases the forum assists result in positive outcomes. Other than a landowner intervention and cancellation, there isn't a quick fix. The fact that you are being offered a lower amount to settle might suggest that Excel are not that confident.

teamum16

Really appreciate your help. I'll go back to Estates and if not, I'm sure I'll be back for more advice

Coupon-mad

"sent the defence email to CCBC"

Did you use our template defence?

Is there an Excel sign along that bit of road?

Don't lose your nerve!  No point; nothing in it for you and you DO NOT want to line this guy's pockets to contribute towards his next supercar, horse or yacht.  He has had both.

Even if you lost this case, unless you got a very bad Judge it would be no more then £200, so for a difference of a fiver (and you are unlikely to lose) it's a no-brainer to enjoy (endure?) the experience, learn about how the court system works and cone out the other side with a story to tell your colleagues who will also get court claims.

Why aren't the Uni employees/union staff robustly escalating a serious complaint about Captain Clampit's notoriously aggressive firm being imposed on you all, with no independent appeal worth trying?
https://www.dailymail.co.uk/news/article-2713705/amp/The-parking-ticket-fat-cats-one-s-chum-Prezza-two-drive-Aston-Martins-Meet-men-ve-millions-motorists-misery.html

You/colleagues don't have to stand for this crap.

It is unacceptable that you risk being sued by a notoriously awful firm EVERY DAY you arrive at work.