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  • FIRST POST
    • codan84
    • By codan84 7th Apr 18, 6:42 PM
    • 21Posts
    • 4Thanks
    codan84
    Private parking ticket - changing address
    • #1
    • 7th Apr 18, 6:42 PM
    Private parking ticket - changing address 7th Apr 18 at 6:42 PM
    Hi,
    I have a parking ticket from Excel Parking Services Ltd (so not a ticket, but rather an invoice).
    I have disputed it with them in the past, even complained to SRA about Wright Hassall. After the complaint they haven't contacted me for over 2 years (since 01/03/2016). Now they started chasing me again, this time using different company: bwlegal.
    I got the letter only because I still had a Royal Mail redirection of all mail from my old address. But otherwise I wouldn't get this letter - or any further communication.
    So my question is - is it my responsibility to update my address with Excel Parking Services Ltd? Or is it their responsibility to find out where I live?
    At the end of the day I would have to update them with my new address for 7 years until the invoice is outdated.
    Thanks for your help.
    Dan
Page 1
    • Car 54
    • By Car 54 7th Apr 18, 6:45 PM
    • 3,304 Posts
    • 2,053 Thanks
    Car 54
    • #2
    • 7th Apr 18, 6:45 PM
    • #2
    • 7th Apr 18, 6:45 PM
    Not your responsibility, but debt collectors are pretty good at tracking people down.
    • codan84
    • By codan84 7th Apr 18, 6:52 PM
    • 21 Posts
    • 4 Thanks
    codan84
    • #3
    • 7th Apr 18, 6:52 PM
    • #3
    • 7th Apr 18, 6:52 PM
    Wouldn't they use the fact that I do not reply to their letters to take the matter to court? Despite the fact I don't live at the address they are writing to any more...
    • Quentin
    • By Quentin 7th Apr 18, 6:53 PM
    • 37,320 Posts
    • 21,491 Thanks
    Quentin
    • #4
    • 7th Apr 18, 6:53 PM
    • #4
    • 7th Apr 18, 6:53 PM
    You run the risk of them getting a ccj against you without your knowledge.

    Then having your credit rating ruined.

    Notify them, get proof of posting and keep a copy in your file!
    • codan84
    • By codan84 7th Apr 18, 6:57 PM
    • 21 Posts
    • 4 Thanks
    codan84
    • #5
    • 7th Apr 18, 6:57 PM
    • #5
    • 7th Apr 18, 6:57 PM
    Thanks, will do that just in case
    • Herzlos
    • By Herzlos 7th Apr 18, 7:37 PM
    • 7,859 Posts
    • 7,229 Thanks
    Herzlos
    • #6
    • 7th Apr 18, 7:37 PM
    • #6
    • 7th Apr 18, 7:37 PM
    Yeah if you don't respond they'll try to get a default win at court.

    Write to excel and bwlegal, saying that whilst you continue to deny any liability, you don't want them filing a claim to the wrong address (which they have form for). Give them the new address and point out that you're keeping a copy of the letter with proof of postage to show a judge that they were notified.

    Then keep an eye on your credit report and get on with your life
    • waamo
    • By waamo 7th Apr 18, 8:54 PM
    • 4,238 Posts
    • 5,565 Thanks
    waamo
    • #7
    • 7th Apr 18, 8:54 PM
    • #7
    • 7th Apr 18, 8:54 PM
    This place really needs a dedicated parking tickets sub forum.
    This space for hire.
    • pogofish
    • By pogofish 7th Apr 18, 11:10 PM
    • 8,885 Posts
    • 9,245 Thanks
    pogofish
    • #8
    • 7th Apr 18, 11:10 PM
    • #8
    • 7th Apr 18, 11:10 PM
    This place really needs a dedicated parking tickets sub forum.
    Originally posted by waamo
    Especially as the OP already has a thread on what looks like the same ticket in it?

    http://forums.moneysavingexpert.com/showthread.php?t=5400017

    Asking for help/advice in this forum is quite futile!
    • Tarambor
    • By Tarambor 8th Apr 18, 2:16 AM
    • 3,567 Posts
    • 2,636 Thanks
    Tarambor
    • #9
    • 8th Apr 18, 2:16 AM
    • #9
    • 8th Apr 18, 2:16 AM
    So my question is - is it my responsibility to update my address with Excel Parking Services Ltd?
    Originally posted by codan84
    As a debtor which you are because you have an invoice you've not paid, it is your responsibility to update the creditor of your address. The creditor is only legally required to send correspondence and to issue legal proceedings at the last address they have on file for you. They aren't required to go hunting for you.
    • Herzlos
    • By Herzlos 8th Apr 18, 7:15 AM
    • 7,859 Posts
    • 7,229 Thanks
    Herzlos
    They'll find you pretty quickly after they've got the ccj from the old address, though.
    • lopsyfa
    • By lopsyfa 8th Apr 18, 12:25 PM
    • 69 Posts
    • 38 Thanks
    lopsyfa
    As a debtor which you are because you have an invoice you've not paid, it is your responsibility to update the creditor of your address. The creditor is only legally required to send correspondence and to issue legal proceedings at the last address they have on file for you. They aren't required to go hunting for you.
    Originally posted by Tarambor
    I don’t agree with this. A parking ticket is not a debt, the OP have no agreement with parking company. This however won’t stop the ‘fraud’ companies from getting a default ccj once they noticed he has not replied for a while. This is exactly what happened to me. The cost to set the ccj aside was only slightly below what they claimed so I chose to pay it within 1 month rather than waste time fighting it. The court system is essentially abused by this companies to collect unfair and unenforceable debts. The government really need to stop awarding default judgements for this type of debt.

    So while not exactly a debt, the best advice is to notify them as already advised and keep the letter.
    • Tarambor
    • By Tarambor 9th Apr 18, 4:05 AM
    • 3,567 Posts
    • 2,636 Thanks
    Tarambor
    I don’t agree with this. A parking ticket is not a debt, the OP have no agreement with parking company.
    Originally posted by lopsyfa
    Yes they do. When you use a car park you are agreeing to the terms of its use as clearly displayed on the signage in the car park and a contract exists if you use it. If you don't agree with those then you leave immediately.

    An invoice for the penalty charges for not complying with the terms of that contract is a debt.

    Default judgements are handed out in any county court case when the defendant doesn't respond. You got a CCJ because you chose to ignore the court notices, not because these companies "abused" the courts as you claim.
    • lopsyfa
    • By lopsyfa 9th Apr 18, 6:00 AM
    • 69 Posts
    • 38 Thanks
    lopsyfa
    Yes they do. When you use a car park you are agreeing to the terms of its use as clearly displayed on the signage in the car park and a contract exists if you use it. If you don't agree with those then you leave immediately.

    An invoice for the penalty charges for not complying with the terms of that contract is a debt.

    Default judgements are handed out in any county court case when the defendant doesn't respond. You got a CCJ because you chose to ignore the court notices, not because these companies "abused" the courts as you claim.
    Originally posted by Tarambor
    How many of those terms of the contract are fair? And how many of those parking tickets are awarded following the POPLA and government regulations. The point is, until properly challenged in court, this is not a debt. We can argue as much as you like, we’ll just not agree on that one. You know they used to clamp cars on private land subject to those “terms of contract” until it was banned. The point is anyone can put up a terms of contract, but not anyone else should not be expected to pay them until contested in the civil court.

    I got a CCJ because the company filed to an old address. Maybe a little context about my case will help you understand. I parked in a 1 hours car park and left 3 minutes late (within the grace period) and the first contact I had was 4 months later to pay the inflated fees: so they failed to file the NTP on time. I called to say even you “invoice” says I was 3 minutes late and the lady on the phone says never to worry. I moved out 4 months later. Two years later, they applied for the ccj at my old address: I have moved two twice before they got it.

    Even by the terms of contract you referred to, I had no debt and I should not have to tell them every time I moved address but the punitive CCJ set aside application fees makes it difficult to really fight it.

    I am afraid we don’t agree on this one but I respect your opinion.
    • Car 54
    • By Car 54 9th Apr 18, 8:52 AM
    • 3,304 Posts
    • 2,053 Thanks
    Car 54
    How many of those terms of the contract are fair? And how many of those parking tickets are awarded following the POPLA and government regulations. The point is, until properly challenged in court, this is not a debt. We can argue as much as you like, we’ll just not agree on that one. You know they used to clamp cars on private land subject to those “terms of contract” until it was banned. The point is anyone can put up a terms of contract, but not anyone else should not be expected to pay them until contested in the civil court.

    I got a CCJ because the company filed to an old address. Maybe a little context about my case will help you understand. I parked in a 1 hours car park and left 3 minutes late (within the grace period) and the first contact I had was 4 months later to pay the inflated fees: so they failed to file the NTP on time. I called to say even you “invoice” says I was 3 minutes late and the lady on the phone says never to worry. I moved out 4 months later. Two years later, they applied for the ccj at my old address: I have moved two twice before they got it.

    Even by the terms of contract you referred to, I had no debt and I should not have to tell them every time I moved address but the punitive CCJ set aside application fees makes it difficult to really fight it.

    I am afraid we don’t agree on this one but I respect your opinion.
    Originally posted by lopsyfa
    Was the "grace period" in the Ts and Cs? If not, you seem to have had no defence.
    • waamo
    • By waamo 9th Apr 18, 8:56 AM
    • 4,238 Posts
    • 5,565 Thanks
    waamo
    Was the "grace period" in the Ts and Cs? If not, you seem to have had no defence.
    Originally posted by Car 54
    It's in the code of practice for car park operators that they must allow 10 minutes grace period.
    This space for hire.
    • Car 54
    • By Car 54 9th Apr 18, 8:56 AM
    • 3,304 Posts
    • 2,053 Thanks
    Car 54
    I don’t agree with this. A parking ticket is not a debt, the OP have no agreement with parking company. This however won’t stop the ‘fraud’ companies from getting a default ccj once they noticed he has not replied for a while. This is exactly what happened to me. The cost to set the ccj aside was only slightly below what they claimed so I chose to pay it within 1 month rather than waste time fighting it. The court system is essentially abused by this companies to collect unfair and unenforceable debts. The government really need to stop awarding default judgements for this type of debt.
    .
    Originally posted by lopsyfa
    But the government don't. The courts do. Their independence from the government is a fundamental principle of our constitution.
    • Quentin
    • By Quentin 9th Apr 18, 9:42 AM
    • 37,320 Posts
    • 21,491 Thanks
    Quentin
    Yes they do. When you use a car park you are agreeing to the terms of its use as clearly displayed on the signage in the car park and a contract exists if you use it. If you don't agree with those then you leave immediately.

    An invoice for the penalty charges for not complying with the terms of that contract is a debt.

    Default judgements are handed out in any county court case when the defendant doesn't respond. You got a CCJ because you chose to ignore the court notices, not because these companies "abused" the courts as you claim.
    Originally posted by Tarambor
    Why do you keep posting misleading info

    Have you seen how often posters win appeals and court claims after pointing out inadequate signs in the car parks? But you know that!

    The p in PCN from a private parking company is NOT for "penalty"!

    You know that default ccjs are also issued when the defendant has no knowledge of the claim!

    All your posts in this forum on this topic indicate you have an agenda posting misinformation in favour of the ppcs and newbies should ignore
    Last edited by Quentin; 09-04-2018 at 10:42 AM.
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