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.
It's my first post so I apologise if its in the wrong place.
I received a parking charge 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.
NO!!! definitely do NOT pay their fee. It is not an official pcn 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.
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 number. 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 Yorkshire
S11 8FT
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. --------------------------------------------------------------------------------------------------------------------------------------
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.
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.
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 calls, 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? bailiffs won't come into it unless the court has found against me, is this correct?
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.
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
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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 court 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 !!!
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 court 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??