Excel Parking - Contacted by Solicitors - Already identified myself in appeal

lavin80r

I received a PCN NTK from Excel Parking on Feb 11th for a contravention on Feb 1st. £60 if paid before 25/02, otherwise £100.

I have read the newbie guide and am aware I have made some mistakes with how to handle the notice, unfortunately when I first received it I did not find this resource, so I appealed via Excel's appeals process on the 16th, basically stating that I was doing a favour for a passenger dropping off at the station in Stirling, Scotland, and unfamiliar with the location had pulled into Rainbow Slides car park as I couldn't work out where the station drop off point was. My other passenger asked to use the toilet so I waited in my car in the car park, not in a bay, for what was 11 minutes according to the charge. I did not see the signage as I didn't leave the car and wasn't intending to stop - but their grace period is 10 minutes. I was hoping they would show leniency, and in doing so I identified myself as the driver.

I searched my email looking for a reply on the case a week or so later, and didn't see anything. I must have missed it or Gmail search was playing up (I have diagnosed ADHD so it is possible I missed it while reading the search results), but they had emailed me with their response on the 20th. Confident I had checked and not received anything, I assumed they dropped the case and went about my business. I did not receive any further communication until I received a letter dated 21st April from Pollock Fairbridge Solicitors.

They state that a PCN was issued, followed by reminder letters (I did not receive any reminder letters, just the email confirmation of my appeals process on the 16th, then the rejection of appeal email on the 20th). They state that with the debt recovery of £60, I now owe £160, else they are instructed to raise sheriff court proceedings. I have 10 days from the 21st April to pay, and they state it may affect my credit rating if a decree is granted against me.

I am eager to stick it to predatory PPCs, but I am concerned that I might not have a shot of getting out of this, considering:

• I have already identified myself as the driver
• The charge was due to contravening their T&Cs by staying past the grace period, not due to bad signage or machine not working or some serious extraneous circumstance, and the judge might not care that it was only 1 minute out of grace
• I have missed the window to appeal via IAS at this point

I have also contacted the solicitors via email twice, once before I found the Newbie guide. Probably my 1st email was not helpful:

I received a letter from you today regarding a parking charge from Excel Parking Services , stating that I must pay £160. The letter states that “A PCN was issued, followed by reminder letters”. I appealed the charge, due to my stay being 1 minute over the 10 minute grace period, as I was dropping a passenger off at the Station and another passenger needed to visit the bathroom, I did not park in a bay and never left the car so was unable to read the T&Cs sign. I did not receive any reminder letters from Excel.

Not only was the original charge completely unreasonable at £100 for a 1 minute contravention, the lack of communication from Excel regarding my appeal has meant I have missed the independent appeal window, the quick payment discount of £40 on the charge, and have incurred a debt recovery fee of £60.

I believe this is unreasonable and that a Judge would be inclined to agree, due to Excel’s failure to follow up. I am willing to pay the original discounted £60 payment but otherwise will have to take this to small claims court.

I followed up with a 2nd email based on the guidance I'd read here:

Further to my previous email, I would like to request a 30 day hold on this matter, as I was only home to receive it today giving me only until Thursday based on your 10 day deadline to pay. I am now seeking independent debt advice so am formally requesting the matter to be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017.

I note that the amount being claimed has been hugely exaggerated, something the government has referred to as “extorting money from motorists”.

Under the PAP I am entitled to answers on these following questions:

1. Am I to understand that the additional £60 represents what you lot dress up as a 'Debt Recovery' fee, and if so, is this net or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?
2. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

At this point though, is there any use in me trying to contest it?

Thanks

Gr1pr

Is this in Scotland   ?  V5c registered in Scotland etc  ?

Coupon-mad

Search the forum for Pollock Fairbridge.

Never seen a claim from them.

lavin80r

Gr1pr said:

Is this in Scotland   ?  V5c registered in Scotland etc  ?

The contravention was in Scotland, but the V5C is registered in England. The company is based in England .too 

lavin80r

Coupon-mad said:

Search the forum for Pollock Fairbridge.

Never seen a claim from them.

There is one thread about them. Unfortunately most of the advice is 'don't identify yourself as the driver' which I had foolishly already done before finding the Newbie thread and this forum.

I have followed the other advice I could find, such as requesting information from the solicitors and from the parking company, writing to my MP to complain, and am going to exercise my right to complain as advised in this comment:

>That extra £60 is almost certainly unlawful, read this,

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''.

and copy the correspondence to the SRA, it is time they put a stop to this deception by these bargain basement law firms.

Nellymoser

It certainly is well past the time to put a stop to it and PP firms bad practices.
https://whatson.parliament.uk/event/cal51564

A helpful letter when writing to your MP
https://forums.moneysavingexpert.com/discussion/6593026/letter-to-your-mp

Please also consider supporting some of the parking petitions 

https://forums.moneysavingexpert.com/discussion/6595460/parking-petitions-x-7-on-uk-parliament-petitions-website

Coupon-mad

Nothing will happen with this case - no worries - but do sign the petitions & do watch the Westminster Hall debate next week:

https://whatson.parliament.uk/event/cal51564

lavin80r

Coupon-mad said:

Nothing will happen with this case - no worries

Are you sure? They know I am the driver now... I have 1 day per their letter left to pay, and haven't responded to my request to extend. I can probably afford to lose in court but I'm not sure I want the stress...

ChirpyChicken

lavin80r said:

Coupon-mad said:

Nothing will happen with this case - no worries

Are you sure? They know I am the driver now... I have 1 day per their letter left to pay, and haven't responded to my request to extend. I can probably afford to lose in court but I'm not sure I want the stress...

Of course she is sure.

Coupon-mad

lavin80r said:

Coupon-mad said:

Nothing will happen with this case - no worries

Are you sure? They know I am the driver now... I have 1 day per their letter left to pay, and haven't responded to my request to extend. I can probably afford to lose in court but I'm not sure I want the stress...

There's no stress.

Yes we are sure.