Excel Parking finally take someone to court over an unpaid 'parking ticket'..and LOSE

fluffnutter

Azari wrote: »

I was under the impression that it was a criminal offence to impersonate a solicitor.

Damn. Bang goes my sexy-time when I dress up in office attire and 'dispense advice' to my wayward husband.

locksmith01

I have recived a letter today from Roxburghe Debt collections which reads
We are writing to you instead of our solicitors Graham white as the way in which which you have treatwd this account is unacceptable.
It is our intention in instruct our solicitors to commence legal action without further recourse to you.
In the event of judgment being entered against you we would apply to the court to enforce it by way of a warrant of execution.
A warrant of execution would allow a bailiff to attend your address ajnd remove goods for sale by public auction and in your case we would alret the court to all facts known to us including onwership of motor vehicles.

I am sure this is just another pointless letter. they keep sending them to my work ( as this is where i put as my address when I first chanllaged the ticket) not home address where the car is registard do I need to do anything

Tangible

The letter begins with utter twaddle

We are writing to you instead of our solicitors Graham white......

Sounds rather like a 'thankyou' note you'd send on behalf of an infant, and unless they're writing 'on behalf' of the solicitor it's irrelevant (but then it would be rather peculiar if they sent letters on behalf of a solicitor and the solicitor might be miffed to find themselves being represented by a DCA).

All in all the letter is quite nonsensical if it is based on English.

....without further recourse to you.

If they paid a solicitor to write their letters, they might make better sense. I know the word they're groping for, but the one they've chosen appears to be stating they are releasing you from liability - DOHHHH. "Without recourse" = A phrase meaning that one party has no legal claim against another party.

They also appear to be fixated on your car which is also irrelevant and rather daft.

This is the frightening bit, as it sounds like a scolding you would receive from your great aunt.

.....the way in which which you have treated this account is unacceptable.

It's a threat from a DCA who can't write letters.

Vicky1t

Hi

A friend of mine recently received parking fine from Excel Parking. She ignored as per instructions after doing research. 3/4 weeks ago she returned to her car and found it clamped. She was told to pay £1,000 fine. She refused, this then went up and up and up and finaloly reached around £3,500. Because she refused to pay they towed her car away - even after the police had attended.

She legally had to give them notice to return her car. She has now been told that they are becoming the legal owners of her car (which is a BMW worth approx £10k) and they have made agreement with her finance company.

Has anyone else heard of any such thing like this? The legal advice she has been given so far is either to quit or drastically reduce her full time work so she cant pay anything back!

It all seems very wrong to please. Please help!

Vic

Azari

Vicky1t wrote: »

Hi

A friend of mine recently received parking fine from Excel Parking. She ignored as per instructions after doing research. 3/4 weeks ago she returned to her car and found it clamped. She was told to pay £1,000 fine. She refused, this then went up and up and up and finaloly reached around £3,500. Because she refused to pay they towed her car away - even after the police had attended.

She legally had to give them notice to return her car. She has now been told that they are becoming the legal owners of her car (which is a BMW worth approx £10k) and they have made agreement with her finance company.

Has anyone else heard of any such thing like this? The legal advice she has been given so far is either to quit or drastically reduce her full time work so she cant pay anything back!

It all seems very wrong to please. Please help!

Vic

Check your calender.

It is not April the first.

Tangible

They must have gone through some legal process which would have involved informing the person from whom they sought payment, otherwise they have stolen the car. You can't just take someone's car.

It sounds very bizarre indeed, more especially as a car on HP is actually owned by the HP company, so they have no right to it, and why an HP company would surrender it is illogical. In doing that it's difficult to see how they can require the person buying the car to continue payments.

I get the feeling that you are saying that the car was clamped later after the parking offence, when it wasn't parked somewhere it shouldn't be parked, is that correct ? If that's true, that would be an illegal act unless performed by a court appointed bailiff.

trisontana

The only other explanation I can see is that this is a very rare case where Excel are acting on behalf of a council. Even then proper court papers should have been issued and proper bailiffs appointed after the court case.

wriggly

Vicky1t wrote: »

A friend of mine recently received parking fine from Excel Parking. She ignored as per instructions after doing research. 3/4 weeks ago she returned to her car and found it clamped. She was told to pay £1,000 fine. She refused, this then went up and up and up and finaloly reached around £3,500. Because she refused to pay they towed her car away - even after the police had attended.

You should re-post over on the Parking Ticket forums http://forums.moneysavingexpert.com/forumdisplay.php?f=163

Don't be surprised if some people there are skeptical of your story. If it is true, you will get the help you need for your friend.

peter_the_piper

Vicky1t wrote: »

Hi

A friend of mine recently received parking fine from Excel Parking. She ignored as per instructions after doing research. 3/4 weeks ago she returned to her car and found it clamped. She was told to pay £1,000 fine. She refused, this then went up and up and up and finaloly reached around £3,500. Because she refused to pay they towed her car away - even after the police had attended.

She legally had to give them notice to return her car. She has now been told that they are becoming the legal owners of her car (which is a BMW worth approx £10k) and they have made agreement with her finance company.

Has anyone else heard of any such thing like this? The legal advice she has been given so far is either to quit or drastically reduce her full time work so she cant pay anything back!

It all seems very wrong to please. Please help!

Vic

Worth also posting all details on pepipoo.com after registering. Get FULL details as above is not that clear.

patman99

Vicky1t, if it were my car, I'd report it stolen to the Feds, remembering to tell them who I suspected of stealing it.