Excel Parking, DCB Legal court claim 2025

fatbelly

Don't say that you attempted to pay

Car1980

Interesting that this is the second case in a week of Excel not accepting payments. It's almost as if they are refusing £60 because a lot of people will pay £170 at debt collection stage, or even £250 at court claim stage.

If one party does not accept payment it could be argued that they have rescinded the contract. It is up to the court to decide if they have rescinded.

Of course the problem there is that it undermines your defence that zero is owed.

coolguyMD

fatbelly said:

Don't say that you attempted to pay

I see what u mean. However just because I attempted to pay surely doesn’t certainly indicate that I accept fault or breach of contract. I just did it as it didn’t see them worth the hassle. Like apologising to a child when they’re wrong just to stop them crying.

coolguyMD

Car1980 said:

Interesting that this is the second case in a week of Excel not accepting payments. It's almost as if they are refusing £60 because a lot of people will pay £170 at debt collection stage, or even £250 at court claim stage.

If one party does not accept payment it could be argued that they have rescinded the contract. It is up to the court to decide if they have rescinded.

Of course the problem there is that it undermines your defence that zero is owed.

Yes I suspected that they didn’t take payment on purpose as well.

What would you recommend then? That I keep this argument in the email or not?

Gr1pr

Stick to the bones of the template response,  no explanations,  no admissions,  no nothing 

Save your ammunition for the future,  at the moment it's sparring due to the legal action protocols 

Le_Kirk

Is this a different issue to your other thread here: -
https://forums.moneysavingexpert.com/discussion/6574030/direct-collection-bailiffs-ltd/p1

Fruitcake

coolguyMD said:

fatbelly said:

Don't say that you attempted to pay

I see what u mean. However just because I attempted to pay surely doesn’t certainly indicate that I accept fault or breach of contract. I just did it as it didn’t see them worth the hassle. Like apologising to a child when they’re wrong just to stop them crying.

In the world of the unregulated private parking industry, especially one as litigious as Excel, this is the argument they will put to the court, and put you to proof that the contrary is true.
They would probably refer to it as admitting liability by conduct.

We know how these companies work.

coolguyMD

Le_Kirk said:

Is this a different issue to your other thread here: -
https://forums.moneysavingexpert.com/discussion/6574030/direct-collection-bailiffs-ltd/p1

No it’s the same one.

Le_Kirk

Can you then send a message asking for the threads to be merged please?

Nellymoser

We've now 2 parking petitions asking for Govt action.

• Introduce Regulation of Private Parking Practices

• Bring the Parking Code of Practice into law, as per the 2019 Act of Parliament

Please sign both and share 🙏 

https://petition.parliament.uk/petitions?q=Private+parking+&state=recent