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  • FIRST POST
    C&Ps Mummy
    Should I continue to fight???
    • #1
    • 3rd Apr 18, 11:01 AM
    Should I continue to fight??? 3rd Apr 18 at 11:01 AM
    I unfortunately didn't read the forums here when I initially got a parking ticket. I very natively (in hindsight) thought when I produced my paid ticket that all would be straightened out.
    The basic facts are - I parked in a private multi story. I paid for a ticket and displayed it on my dash. I stayed for less time than I paid for and left. When I initially received the PCN the letter states that the charge was for non-payment and I was relieved to know I still had my paid ticket and thought once I scanned it and sent it through to their appeals department that the matter would be dropped. It was only when I received their letter in return saying the charge still stood because I did not have the proper number plate entered in on my ticket that realised the number plate was indeed not correct and there was only a letter B in the space for a number plate. I honestly don't know how it happened, I had my two daughters with me and was in "auto pilot" mode buying my ticket. Even when I received their response after I submitted the copy of the ticket I thought common sense would prevail as I did purchase a ticket, produced it for them and made no other violation than not checking my ticket to ensure my number plate had printed out correctly.
    I continued with their "independent" appeals site volleying back and forth. I do admit I did not check my ticket to ensure my number plate was correct but their machine also should not have issued me with a ticket that obviously could not be legal, being only one digit. Had the machine alerted me to the error when I was purchasing my ticket I would have corrected it, why in the world would I pay for a ticket and not want it to be legal?
    I think what they are doing is wrong and only meant for sheer profiteering and don't want to pay for the ticket but the appeals site has come back to me and said they have ruled that the ticket is legal because my number plate was not entered correctly. Obviously by letter of the law I am in the wrong as their signs state it is my responsibility to check my ticket. But don't they have a responsibility to provide a machine that doesn't issue illegal tickets? I see that many people on the forum just ignore these private tickets. Is this what I should do now or am I too late after going through the appeals process? I have real reservations about doing nothing but also feel very strongly about paying 100.00 for a ticket that I don't feel is legal. If I do not pay the ticket, can you please give me an indication as to what will happen next? I'm assuming from what I read that they will continue to hassle me with letters threatening court proceedings. Any other insight from someone who has been through it if this is all and for how long it goes on? Again, I wish I'd read this site in the beginning but didn't so just have to work with where I am now. Thank you in advance for any advice you have to give!
Page 2
    • Coupon-mad
    • By Coupon-mad 17th May 18, 9:31 PM
    • 62,736 Posts
    • 75,673 Thanks
    Coupon-mad
    Please do what was already advised and a bit more robustly.

    Sending an email to 'support' got no reply, so did you phone the Retail Park Management or go in person to a few Store Managers brandishing the PCN and saying you are going to vote with your feet unless they can cancel this utter scam?

    Use the words and transcripts already given to you, not write your own. This should have been easy to cancel, given the circs and the previous transcripts about Excel's PDT machines failures, just like in your case.

    This was never about telling your story, it's about showing the evidence that this is endemic with Excel's machines, by all accounts.

    Not 'telling your story' not suggesting you were distracted.

    Saying toyour MP and to the Retail Park Managers and the Store Manager(s): LOOK WHAT THESE MACHINES DO TO PEOPLE - LOOK HOW IT HAS HAPPENED BEFORE AND PEOPLE HAVE BEEN DRAGGED TO COURT, AND WON - PLEASE CANCEL THIS AS I AM ABOUT TO GO TO THE LOCAL PAPER AND TRADING STANDARDS.

    If you are not robust enough now you will need to fight a claim in court.
    Last edited by Coupon-mad; 17-05-2018 at 9:35 PM.
  • C&Ps Mummy
    Despite much dialog back and forth with the MPs office and multiple attempts to contact the retail park the letters trying to collect continued and have now resulted in a "Letter Before Claim"
    The letter states if I don't pay by 9 November I will be taken to court. I am adamant at this point to continue to fight as it is such a scam but really need some additional guidance on what to do next.
    There is a reply form that says it must be completed or court proceedings will begin.
    Can I get advice on what to do?
    Also, how can I get notifications about this thread? I am having to search for it each time.
    Many thanks in advance for your help!
    • nosferatu1001
    • By nosferatu1001 12th Oct 18, 11:25 AM
    • 3,722 Posts
    • 4,532 Thanks
    nosferatu1001
    You dont need to search> Just click your username. Takes you straight to your threads.

    Newbies thread, post 2, covers LBAs.
  • C&Ps Mummy
    Many thanks for pointing me to the information about the LBA. I have prepared a letter & would appreciate if anyone can tell me if it should be sufficient or if anything should be added. Thank you again in advance for your assistance.

    Excel Parking Services Limited
    F.A.O. Litigation Department
    2 Europa Court
    Sheffield Business Park
    Sheffield
    S9 1XE

    Ref:

    To whom it may concern:

    I was most distressed to receive your “letter before claim” letter today. I am writing this as a letter of reply that is required as per your letter.

    I am still absolutely astounded that you are pursuing this absolute farce of a parking fine. The facts of the matter are - I parked legally, I purchased a ticket, I displayed the ticket appropriately and departed the garage in the allotted time.

    Your ticket machine is responsible for issuing a ticket that could not have been legal yet it took my payment for parking.

    This should have been dismissed months ago when I wrote and explained these facts. You continuing to pursue this matter is an absolute waste of court time.
    • Quentin
    • By Quentin 13th Oct 18, 9:20 AM
    • 37,526 Posts
    • 21,736 Thanks
    Quentin
    Advice on Responding to a lbcca is covered in the newbies FAQ thread near the top of the forum

    See #2 there
  • C&Ps Mummy
    Can anyone tell me if a court case will definitely go forward after the Letter Before Claim? Or is this again a way to try to get the fine paid?
    I am still very worried about what will happen next but am committed to trying to fight the scam.
    Also, I have scoured the newbie thread #2 and don't see a letter that particularly matches up with my circumstances. Can anyone tell me if I need more in my reply or if it is acceptable to send as is?
    Thank you again for your help. Many apologies for all the questions, I've just never had a situation like this and it is really taking a toll on my mental and physical health...
    • Fruitcake
    • By Fruitcake 15th Oct 18, 9:15 AM
    • 37,574 Posts
    • 84,514 Thanks
    Fruitcake
    Nobody can say for certain whether a scammer will proceed to court, so you should assume the worst.

    Excel have form for ticket machine failures. This might help.

    https://padi.zendesk.com/hc/en-us/articles/360000965893-Machine-Failure-Excel-Parking-v-Mrs-S-C8DP11F9-
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • IamEmanresu
    • By IamEmanresu 15th Oct 18, 9:19 AM
    • 3,664 Posts
    • 5,995 Thanks
    IamEmanresu
    As you have done nothing wrong, why would you worry. Plenty of examples of these cases being thrown out.

    As regards whether there is a claim or not depends on NCP as this is all about hassle and nothing about the underlying facts.

    To paraphrase Eleanor Roosevelt, no one can worry you without your consent.

    https://www.goodreads.com/quotes/11035-no-one-can-make-you-feel-inferior-without-your-consent
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend https://forums.moneysavingexpert.com/showthread.php?t=5760415
    2. Template defences that say nothing https://forums.moneysavingexpert.com/showthread.php?t=5818671&page=5#86
    3. Forgetting about the Witness Statement
    • Fruitcake
    • By Fruitcake 15th Oct 18, 10:08 AM
    • 37,574 Posts
    • 84,514 Thanks
    Fruitcake
    As you have done nothing wrong, why would you worry. Plenty of examples of these cases being thrown out.

    As regards whether there is a claim or not depends on NCP as this is all about hassle and nothing about the underlying facts.

    To paraphrase Eleanor Roosevelt, no one can worry you without your consent.

    https://www.goodreads.com/quotes/11035-no-one-can-make-you-feel-inferior-without-your-consent
    Originally posted by IamEmanresu
    Or even Excel.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
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