Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default Advice on Excel Car parks

    It's my first post so I apologise if its in the wrong place.

    I received a parking chargeicon Notice from Excel parking Services Ltd on Sunday 09/03/08, it was because I'd not put a ticket on my car, there is a sign up saying ************* customers park free and loads of Excel signs which I really didn't notice. After shopping, I went up to the car park and a guy from Excel was there, taking pictures of my car and writing out a ticket, I asked him why as I was a ********** customer, but he said you have to buy a ticket and get the money back off *********. I then offered to go buy a ticket and he said once he had started writing the ticket, he wasn't allowed to stop, he also said if i drove off before he put the ticket on my windscreen the fine would go up to £100!!! So I waited, he put on the ticket, took some pictures of the ticket and off I went.

    Now I'm really vexed as I was only there for 11 minutes in total and I'm sure he could have shown a little common sense. Do these guys work on commision?

    Should I pay this fee? Your help and advice would be greatly appreciated.

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  2. #2
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    Default Re: Advice on Excel Car parks

    NO!!! definitely do NOT pay their fee. It is not an official pcnicon or FPN, just an invoice for the driver to pay a sum for not buying a ticket. It basically amounts to a penalty charge and the most they could legally expect to be able to recover is their losses, in this case the cost of the ticket you didn't buy when you parked.

    Keep the ticket, and wait to see if they write to you demanding money with menaces, as is their wont. Then we'll take it from there. In the meantime read the sticky's on Private Parking at the top of the forum to give you an idea of how to deal with them when the time comes. And whatever you do, never admit liability to these idiots.


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    Default Re: Advice on Excel Car parks

    Please please please read the relevant "stickies" about your position in law. And there are many other threads on Excel which I would advise reading, so that you know what kind of organisation you are up against. Also have a look at articles reported in the Sheffield Telegraph.

    Also, when you receive (as you most certainly will) the bumph from them, for goodness sake don't call them on their premium rate numbericon. Try the information below instead.

    We've been sending all our correspondence recorded delivery to the MD himself. And we will continue to do so.

    I can't tell you how affronted I am at their business model, their attitude, their scare tactics, and what I view to be their blatant profiteering.



    Excel Parking
    356 Omega Court
    Cemetery Road
    Kenwood Park
    Sheffield
    South Yorkshireicon
    S11 8FT

    tel: 0114 267 8008
    fax: 0114 267 8009

    Managing Director : Mr Simon Renshaw-Smith

    Regards,

    CL


  4. #4
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    Default Re: Advice on Excel Car parks

    Thanks for the advice.

    So I should just sit on the ticket until they send me a scary letter? Deal.

    Once I have the letter, I'll be back for more advice.

    Thanks concerned citizens of Britain.


  5. #5
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    Default Re: Advice on Excel Car parks

    Hi again

    I received the ticket on the 09th March and haven't heard from them yet, should I just keep waiting without calling or writing?

    I'm inclined to just ignore everything they send. Is that a bad idea?

    Thanks.


  6. #6
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    Default Re: Advice on Excel Car parks

    Queeg,

    You could ignore, it is much more fun to use the template letters although the end result will be much the same whichever route you go down.

    The main thing to remember is - DON'T PAY - they are simply not entitled to any of your hard earned money to finance their [problem].

    It may be be fun to write to them along the lines of:

    Dear Excel,

    Why do you still pretend that these ridiculous invoices are somehow enforceable when you've had it rammed home to you that it simply is not the case.

    I enclose a copy from an article in the "Mail on Sunday" in case you've not had chance to read it.

    See you in court?

    Regards

    I Will Knot B. Fooled.

    Judge quashes £300 parking fine...because it set out to ‘frighten and intimidate’ driver | the Mail on Sunday


  7. #7
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    Default Re: Advice on Excel Car parks

    Still haven't heard a thing and it been neary 10 weeks, maybe they'll leave me alone?


  8. #8
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    Default Re: Advice on Excel Car parks

    Quote Originally Posted by Qweeg View Post
    Still haven't heard a thing and it been neary 10 weeks, maybe they'll leave me alone?
    It does look good. Maybe after their recent defeat in Mansfield they are busy licking their wounds.

    They often process their tickets in batches so they may not have gotten round to you yet. However it could be there was a problem with what was recorded e.g. wrong VRM so someone else gets chased.

    Silence is golden. The longer it goes on, the more likely it is that they aren't going to persue it. Keep your ticket as evidence in case they raise it at a later date.

    -------------------------------------------------------------------------------------------------------------------------------------
    This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.
    --------------------------------------------------------------------------------------------------------------------------------------


  9. #9
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    Default Re: Advice on Excel Car parks

    Hmm so he told you that if you drove off before he attached the ticket you would get a £100 fine huh?

    That's rubbish, if they do write to you send them a bill for your time, ie the time you waited (at their request) whilst they wasted your time writing out a worthless piece of paper. The only reason you waited is because they asked you to do so.



    Mossycat


  10. #10
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    Default Re: Advice on Excel Car parks

    Unbelievably I received a letter asking me to pay £100!!! it says "NOTICE TO OWNER OF INTENT TO ISSUE COURT PROCEEDINGS"

    LIABILITY FOR THE parking chargeicon NOTICE (pcnicon) LIES WITH YOU THE OWNER/KEEPER/DRIVER/HIRER.

    Scary stuff eh? I apparently have 7 days to pay.

    What should I do next?

    Any advice accepted !!!!


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    Default Re: Advice on Excel Car parks

    Same advice as ever. Ignore it.

    After all, they've said that any one of four people could be liable, so how do you know it's intended for you?

    The only person that notice can legally be written to is the DRIVER, and they have to prove who that person was in a court of law. And you are under no obligation to tell them who the driver was at the time of the alledged "breach of contract."

    They are like flies. Annoying at the time, they do buzz off eventually and can do absolutely no harm to you whatsoever.

    MBNA - Agreed to refund £970 in full without conditions. Cheque received Sat 5th Aug.
    Lloyds - Settled for an undisclosed sum.

  12. #12
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    Default Re: Advice on Excel Car parks


  13. #13
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    Default Re: Advice on Excel Car parks

    Hi, I've had two snotty letters now, in bright red, bold writing, threatening to take me to court if I don't pay. I have made no contact whatsoever with them, no phone callsicon, letters etc, should I just leave it like that? My wife is panicking and wants to pay, but its a matter of principle to me.

    Should I continue to ignore them and make no contact? bailiffsicon won't come into it unless the court has found against me, is this correct?


  14. #14
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    Default Re: Advice on Excel Car parks

    bailiffsicon aren't involved unless you have actually been taken to court AND lost AND then refused/unable to pay in the 28 days allowed.


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    Default Re: Advice on Excel Car parks

    head of Excel reportedly pulls down over 400k a year - those letters are the source of his ill gotten gains. look here FAQs - PPCs - fighting back. The forces are aligned and here http://www.consumeractiongroup.co.uk...blems+ppc+face Don't contact Excel use your stamps to better value and lodge detailed complaints against every single transgression they have made. BPA, DVLA, Companies House, Trading Standards.


  16. #16
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    Default Re: Advice on Excel Car parks

    LIABILITY FOR THE parking chargeicon NOTICE (pcnicon) LIES WITH YOU THE OWNER/KEEPER/DRIVER/HIRER.
    In breach of the Fraud Act 2006 and The Consumer Protection From Unfair Tradingicon Regulations 2008. Hence chances of court action are very very slim.


  17. #17
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    Default Re: Advice on Excel Car parks

    Since the last snotty letter, threatening me on the 09th of October, I've not heard a thing. So that's over three months since any contact with Excel, lets hope they've given up.


  18. #18
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    Default Re: Advice on Excel Car parks

    Looks like they have. Although you may recieve a final 'one last chance' to pay (desperation letter!!) with the amount increased to whatever daft number they can come up with. As before,- just dismiss it

    If you believe that this post has helped in any way please click on the star to the left

    DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.c o.uk/forum/barclaycard/174860-ddwales-barclaycard.html
    DDWales Vs Natwest-*Won*
    http://www.consumeractiongroup.c o.uk/forum/natwest-successes/210090-ddwales-natwest.html

    -Reclaim the Right-

  19. #19
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    Default Re: Advice on Excel Car parks

    I received a letter today from ccscollect telling me their client Excel have instructed them to collect £125 or they "May authorise them to prepare documents for the issue of county courticon proceedings against you" any advice as to what I should do now? The letter was issued on the day of my last post, they must read this forum !!!


  20. #20
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    Default Re: Advice on Excel Car parks

    Quote Originally Posted by Qweeg View Post
    I received a letter today from ccscollect telling me their client Excel have instructed them to collect £125 or they "May authorise them to prepare documents for the issue of county courticon proceedings against you" any advice as to what I should do now? The letter was issued on the day of my last post, they must read this forum !!!
    Whats changed??
    Nothing,
    So that's what you do - nothing
    Excel are the ones in the wrong regarding their letters. Failure to comply with their own industry code of practice - and therefore in breach of agreement with DVLA.
    Do you really think they will go to court with that evidence in your possession??



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