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Hi everyone.
I'm new to this forum and came across it when searching for information about Excel Parking. I am in a situation like many others on this site but would still like to make sure that I have a chance to fight this company over their parking ticket.
I too parked at St Peter's Retail park in Mansfield and ended up getting a ticket. I don't live in Mansfield but from a previous experience knew that parking was free for 30 minutes. Anyway, I was probably only parked for about 6 minutes as I only went to pick something up from Next. I came out to find an attendant writing out a ticket and taking photo's of my car. I stood there for what seemed like forever as he said he had to stick the ticket to my window and take a photo of it. I had no idea that I could have just driven away until I read some threads on here. I had a parking ticket for failing to display a valid ticket. I'd forgotten that you still need to get one even though it's free for half an hour because I was in a hurry to pick my boyfriend up as we were going on our first holiday together. As you can imagine, the holiday had now got off to a bad start.
The ticket was for £40 if paid within 7 days but after that if went to £60. I sent the attached part of the ticket off along with the payment because I didn't want the fine to go up and heard nothing more until monday.
I have had a notice to the owner saying that I failed to pay the fine and that it has now gone up to £100 which includes solicitors and court fees.
At the top of the notice it states that the liability lies with me, the owner/keeper/driver/hirer. Is this true or can I say that they have to prove that I was driving?
It also states that failure to pay this notice may result in court proceedings. I presume that this is a private parking fine as there are no road acts etc on it.
Has anyone got any advice for me, please?
They can allege that the liability lies with you, the owner/keeper/driver/hirer but that does not mean that it is joint and several (ie that any and each of them is laible for the debts of any other).
In you position I would write as follows:
Dear Sirs,
Re your letter of [date] reference [insert reference]
I acknowledge that I am the owner of the vehicle to which this penalty relates, however, I deny that any liability attaches to me as owner.
Should you disagree with this please respond citing relevant statute and/or judicial precedent in order that I may verify your claim.
If you are unable and/or unwilling to do so, this alleged debt will remain in dispute and I will be unable to enter into any further correspondence with you on the subject.
Thanks for your quick reply.
To my knowledge, I wasn't photographed. I don't know whether there is any CCTV set up there though.
Does it make any difference that I sent the payment and ticket off to them, they say they haven't recieved it but I'm not so certain?!
Is it definitely a private company?
Thanks in advance.
Thanks for your quick reply.
To my knowledge, I wasn't photographed. I don't know whether there is any CCTV set up there though.
Does it make any difference that I sent the payment and ticket off to them, they say they haven't recieved it but I'm not so certain?!
Is it definitely a private company?
Thanks in advance.
There is no legislation that would allow a council to behave in this way. It is a private organisation.
Might be worth your while going and getting some pictures of signs on display. They will have to have signs advising of CCTV to comply with the Data Protection Act.
I would probably want to put a stop on the cheque. It has clearly got lost in the post and that is the prudent thing to do. If it later "turns up" at Excel, my answer would be that it was sent in error prior to your realising that as owner you have no liability and that you stopped it as a security measure when it was clear that it hadn't been received.
My first posting - hi everyone!- and thought you might like to hear about my Excel saga....
In January 2007 my wife was surprised, on returning to the car, to find an Excel warden writing out a ticket. She had seen him as she ran across the car park - and it's a huge car park (in Stockport at a shopping outlet). He told her she was 4 minutes 'over' on the ticket, as he began writing it. My wife pointed out that she'd been running to the car, it was a wet day, she had got there on the point of the ticket expiring, and that the 4 minute 'overstay' was actually mainly taken up with talking to the warden.
After a very polite conversation, my wife said "Well I find this unacceptable. I am driving away now, I have done no wrong." The warden tried to stand in front of the car - she waited for him to move, and drove away leaving him to complete the ticket.
In April, I received the first demand from Excel, for £100, stating I had already lost the grounds for an appeal.Undeterred I replied, using recorded delivery, stating that the grounds for this pcn were false and explained the context in detail. Two weeks later, despite the first notice having denied me an appeal, I received a letter from a Mr Mike Norton, telling me "your appeal has been considered and rejected."
I then received a further formal notice warning me "Failure to pay will result in court action." I wrote again, this time stating that the basis of the notice was, as previously stated, unfounded. I requested a county court hearing.
Some weeks later I received a "Pre-Legal Notification" from "CCS" debt collectors invoking this that and the other threat if I did not pay. I wrote to them stating that I would not pay and requesting immediate referral to the County Court.
A couple of weeks later an outfit called "Charles Howard and Co" (same address as CCS) wrote with an even more impressive letter, saying "We are authorised to prepare documents for court if you do not payi within 14 days" (this was now my 3rd such deadline!). I wrote reminding them of the fact that Court was my preferred option, and stated that if they wrote again I would refer the matter to the police.I copied it to Excel. All recorded delivery as usual.
Two days later - some old friends got in touch! Yes - Excel again, a Mrs Price (who sounds benevolent) saying that I had admitted an overstay and was liable, though interestingly now for just the £100, not the £140 requested by CCS. Presumably Excel have picked up the tab for their costs!
She gave me a new deadline to pay or risk court - and naturally I wrote back (last week) saying that their actions, and those of their agents, constituted harrassment under the 1970 Act referred to elsewhere, and that, if no definitive letter stating the time and date of my County Court hearing were received by me within 14 days, I would refer them to the police.
SB - This seems to be a familiar theme with the private parking companies - a 2nd and even a third chance to avoid court action. If only life were like that - more 2nd chances.
I'm going through a similar thing with a poisonous little outfit based in Bradford - UK PAO. They write to me threatening court - I write back saying "Take me to Court - Please!"
It won't happen of course because they would lose - they are not that stupid despite the very good impressions they give.
I'm currently having a little spat with Excel at the moment.
Back in June/july i parked up in the peel centre and had to run into a shop to use the toilets with my little girl as she was feeling ill. Afterwards i came out to put a ticket on the car and found a nice big fat excel ticket on the car. Thye warden had literally just written it, i explained to her the situation and she said it was "tough as i'd had my ten minutes".
I wrote to excel explained the situation and appealed. I got a letter back saying my appeal was under consideration.
Next letter i got was a straight "you now owe us £100". This was written to the cars registered address which is my mums. They have obviously done a DVLA search for this. I wrote back to excel and have basically stated my address and my local county court and have told them i will be seaking to transfer to this court should they issue in any other court and will be seeking costs against them.
I have now received a letter from CCSCollect on behalf of Excel saying i have now got a few days to pay 125 quid (its gone up again) or they will really be issuing proceedings. This letter was also sent to the DVLA registered address. hey have obviously just ignored the letter i have sent them.
I have basically just ignored this, but am now wondering if i've done the right thing. From what i've read i quite fancy my day in court againast these money grabbing ********.
I'm currently having a little spat with Excel at the moment.
Back in June/july i parked up in the peel centre and had to run into a shop to use the toilets with my little girl as she was feeling ill. Afterwards i came out to put a ticket on the car and found a nice big fat excel ticket on the car. Thye warden had literally just written it, i explained to her the situation and she said it was "tough as i'd had my ten minutes".
I wrote to excel explained the situation and appealed. I got a letter back saying my appeal was under consideration.
Next letter i got was a straight "you now owe us £100". This was written to the cars registered address which is my mums. They have obviously done a DVLA search for this. I wrote back to excel and have basically stated my address and my local county court and have told them i will be seaking to transfer to this court should they issue in any other court and will be seeking costs against them.
I have now received a letter from CCSCollect on behalf of Excel saying i have now got a few days to pay 125 quid (its gone up again) or they will really be issuing proceedings. This letter was also sent to the DVLA registered address. hey have obviously just ignored the letter i have sent them.
I have basically just ignored this, but am now wondering if i've done the right thing. From what i've read i quite fancy my day in court againast these money grabbing ********.
Can anyone offer any advice?
Have a read of the stickies at the top of this forum. The legality of the tickets is set out in the guide Private Parking Tickets everything you need to know. Bernie the Bolt's template letters give some excellent responses.
Your Mum or someone should write back to them as the Registered Keeper and acknowledge the letter but ask how she is liable as she wasn't driving. She should advise them to contact the driver. She doesn't have to supply your name or address.
Be prepared to have a load of threats and bluster. Most PPC's try to scare you into paying but don't usually go all the way to court. They use debt collection Agencies to threaten.
Incidentally they can't go increasing the charges they are trying to recover only a court can do that. They may also threaten that your credit rating may be affected. This is only the case if they take you to court, win and then you don't pay up. In most cases this does not happen.
As they've now dragged a DCA you should write to the DCA advising them that you are disputing the debt. They are then legally obligated to refer the matter back to their client.
Thanks for the advice.
The only thing is that the car is in my name not my mums, and just registered at my mums address as thats where it was kept before it was stolen recently (yet another drama).
I'm assuming this wont make a difference tho. Thanks for the advice again.
Thanks for the advice.
The only thing is that the car is in my name not my mums, and just registered at my mums address as thats where it was kept before it was stolen recently (yet another drama).
I'm assuming this wont make a difference tho. Thanks for the advice again.
Your address is of little relevance to the PPC at this stage although the DVLA will take a different view and legally you are obliged to advise the DVLA of a change.
You could make this work in your favour as the PPC now has your old address. Get the DVLA to change your address and then get your mum to return any correspondence from them marked as either Not Known at this address or Moved no forwarding address. They will either have to abandon their efforts or obtain your new address from the DVLA which will cost them more money.
BTW In your first letter did you acknowledge you were the driver? If you didn't then write back to them asking them to take the matter up with the driver. You don't have to provide the name of the driver or incriminate yourself in anyway. There is no back in law to provide this information in a civil case. pcn or FPN's issued respectively by Councils or the Police are backed by statute - PPCs are not.
Have a read of Bernie's templates. Use the link in my previous post. They are still valid.
Your address is of little relevance to the PPC at this stage although the DVLA will take a different view and legally you are obliged to advise the DVLA of a change.
Not quite.
You are required to have a permanent address via which you can be contacted - it does not have to be your personal residence. As long as post is collected/forwarded from the mother's address on a regular basis, then this is sufficient.
Your insurance however, must be based at the address where the vehicle is normally kept as this can affect the premium payable.
I've just paid Excel £60 and now I've been reading these posts I wish I hadn't.
I paid them because I was worried I might end up with a CCJ, but I can see now I was worried about nothing.
I will never pay another so called "fine" from any private parking company.
Excel have taken control of Westgate retail park, car park in Wakefield. Customers who use this car park need to be made aware of the posts in this forum. I have written to Wakefield Express Newspapers and sent them a link to these posts.
I wish you all good luck in your battles with the bullies.
Hi Mossycat, noticed you are in Wakefield, keep away from the disabled spaces outside Mothercare !!!
Hi Excel Hater
Thanks for the tip but if you read my other threads you will see I've been trying for ages to get a ticket from a PPC (I've got something in mind that I want to try out), and if you mean those near Maplins that's where I keep trying (I always make sure that there are plenty of disabled spots left though before I take one, I know that disabled spots on private car parks have no relevence but I only use them when I am out 'baiting' and there are plenty left for genuine disabled people)
Yes that's where we were got, we took our new baby and two year old to Mothercare, Excel only cater for three able bodied parents to park outside Mothercare, and a great long row of empty disabled spaces, maybe we have a majority of disabled parents in Wakey ?
To be able to get the baby seat out of the car we had to take one of the many empty disabled spots. We were only parked for 9 mins, when we came back the attendant had just stuck a ticket on. When he saw us back at the car he came over and hung around for a confrontation but we just ignored him. It was difficult though I fealt like knocking the little s**t to the ground and ramming his digital camera up his a*se, but I managed to keep calm.
While we were reversing out more parents were parking in the disabled spots, I had to warn them all and point out the attendant to them.
I'm kicking myself for paying the "fine". £60 buys a lot of nappies and baby formula. I've written to Wakey Express and Mothercare, I'll post on here if I hear anything.
Hi Excel Hater
Been away for few days so not been on computer but if you go back to my original when I asked for advice I seem to be fairly unique in that I had actually bought a ticket and even more incredibly still had it in the car ater 5 weeks. Most of the other comments seem to be from people who have been "done" and are trying to get out of it; despite my buying a ticket they are still trying to squeeze some money from me. Its only £10 and easy to pay for a peaceful life but I am totally hacked off because I see something far more sinister lurking in the depths; that is the number of PCNs that go missing in the post and are never received so that the victim gets done for £100 instead of £60. I have already sent the information to BBC Watchdog who have already done a programme on Excel and other parking companies and I was in the process of writing to Wakefield Express; I see you have already done that but I will as well.
Excel Parking Ticket.
together. As you can imagine, the holiday had now got off to a bad start.
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Originally Posted by SUE176
If it later "turns up" at Excel, my answer would be that it was sent in error prior to your realising that as owner you have no liability and that you stopped it as a security measure when it was clear that it hadn't been received.
Re: Excel Parking Ticket.
