Thread: Parked in disabled spot but left before ticket issued

Hi all,
Im a newbie to this forum but have seen the excellent replies given and I was just hoping someone could give me some advice on my case.
I have received a parking charge Notice from Excel for parking in a disabled parking spot. This is a large retail parking spot with ober 300 free parking spots and its a free car park.
On the day in question, a week before Xmas, I unintentionally parked in a disabled spot for no more than 10 minutes, but on my return to my car, I noticed the attendant from Excel filling in a parking ticket whilst stood ajacent to my car. I walked to my car, opened the door, and drove off quite calmly. I was under the impression that until a ticket had been formally served upon me or my car, I wouldn't be hearing from them, but today I have received the parking charge Notice for £60 with 14 days to appeal or face £100 fine.
As far as I'm aware, there were no pictures taken and I dont think there is cctv evidence though im not entirely sure on the cctv.
Could someone kindly tell me what my best course of action should be because im determined not to pay this fine.
many many thanks
What is my best course of action

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action ? none - just ignore them. Do they actually call it a fine ?

I was under the impression that until a ticket had been formally served upon me or my car, I wouldn't be hearing from them, but today I have received the parking charge Notice for £60 with 14 days to appeal or face £100 fine.
As far as I'm aware, there were no pictures taken and I dont think there is cctv evidence though im not entirely sure on the cctv.
Could someone kindly tell me what my best course of action should be because im determined not to pay this fine.
many many thanks
What is my best course of action

• do not pay
• do not contact them
• ignore their letters, no matter how threatening
• they will give up and go away

It sounds like you're confusing this private company invoice with a proper council fine. There is no appeals process, rules about serving and CCTV is irrelevant. It's just a [problem].

Many thanks guys for your advice which I follwed and wrote to them informing them I was the registered keeper of the vehicle but they should direct their communication to the actual "driver".
I have received their reply as follows, what is my best course of action....

"In response to your communication dated 15th January 09, we acknowledge your statement that you are the registwered keeper of the vehicle in question,however you were not the driver on the 12th December 08 when the parking contravention was committed at Foster Sq Retail Park in Bradford.
In view of the fact we request you to provide us with the name and address of the driver in charge of the vehicle on said date so that we may pursue this matter of the outstanding charge accordingly. Pursuant to paragraphy 4.2 of the Pre-Action Protocol, we must advise you that this is a reasonable request in order tat we may undertake the early and full exchange of information about the prospective legal claim and to enable the driver the opportunity to avoid civil proceedings by settling the charge before commencement of proceedings.
Failure to provide the information as requested may constiture a non-compliance of the pre-action protocols and could result in court proceedings being brought against the vehicle's registered keeper and judgement obtained for failing to adhere to said protocols and liability for the charge outstanding.
Furthermore as the registered keeper of the vehicle you are legally required under the road Traffic Act to ensure that any vehicle legally registered to you is driven by a person to which you have given your consent and can verify that they are legally licensed and insured to do so.
Please ensure you provide the information or payment of £60 no later than 6th February 09. Failure to comply could result in the issue of court proceedings whereby further cost's may be incurred.

Help !! what do I do next
cheers
Ambrub

Hi. Dont do anything! 'Pre-action Protocol'? What the **** is that all about?
Take the bloody letter to Trading Standards and see what they have to say. Excel must have idiots sat in an office all day thinking of different ways to word letters that will have the desired 'scare factor'. What an idea! A new tv show! THE SCARE FACTOR Sat.night 7pm. ITV 1. What do you think? Seriously, Ambrub, forget about it. Lifes too short to worry about pond life like excel.

Ignore them - it's specious nonsense. You've done your bit.

There is pretty strong case law that says that you do not have to identify a person involved in a civil action without an expensive court order that they have to pay for. See paragraphs 4 and 12 of this for example.

http://www.39essex.co.uk/documents/J...per_060207.pdf

Many thanks guys for your advice which I follwed and wrote to them informing them I was the registered keeper of the vehicle but they should direct their communication to the actual "driver".

Most of us told you not to contact them at all!

It doesn't matter though. The letter you have received is full of lies.

The situation now is that they will carry on sending letters and then give up. Whatever you do will not change this - they won't take you to court whatever happens.

Ignore any further letters and do not contact them.

more Perky rubbish being spouted by a PPC. Pre action protocol 4.2 not applicable. Pre action protocols can get used in small claims but is is very limited indeed and not for a PPC 'claim'. More unlawful paperwork form a PPC - who would have thought it ? Still waiting to see a lawful set.

Hi there,
Latest update - I have ignored the last letter as suggested, I have now received their "Notice to Owner of intent to issue court proceeding" basically asking me to pay up or disclose the name of the driver using my car on the date the parking offence occured. "Do not ignore this notice"
I am placing my life in your hands now guys !! should I continue to ignore these notices or what ??

Originally Posted by lamma

We have never ever seen papers from a PPC that are not lawful and often they are not legal either.

Lamma, Doesn't that double negative make their papers lawful in your sentence?

Originally Posted by crem

Lamma, Doesn't that double negative make their papers lawful in your sentence?

correct - will adjust.

Hi Guys,
Current update : I have ignored at least two further demands for money as suggested but today I received a draft summons from Excel Parking requesting payment. Should I continue to ignore this ? I thought I had no legal obligation to provide the drivers details and so how can they prosecute when they havent got that information ? Please help

Originally Posted by ambrub88

Hi Guys,
Current update : I have ignored at least two further demands for money as suggested but today I received a draft summons from Excel Parking requesting payment. Should I continue to ignore this ? I thought I had no legal obligation to provide the drivers details and so how can they prosecute when they havent got that information ? Please help

Hi there,

They cannot 'prosceute' you, only the police or inland revenue can do that. You have no legal obligation to disclose any info to them as they are not the police and have no enforcement options available to make you do that. Their only option is to apply to the small claims court to obtain a judgement against you for the 'debt', but they have to prove that you had a contract with them which you obviously hav'nt. At the end of the day, this is a civil matter and they are very unlikely to persue it through the court because they have no evidence.

Draft summons? Can you tell us a bit more about it?

Sounds unlawful of them to send fake papers.

Excel are on a push for money by the sound of things. all those wasted postage costs

Hi there,
Yes I have received a "Final Notice" letter from Excel requesting payment of the parking charge saying "as I have failed to pay it is now their intention to issue proceedings through the county court to recover the monies plus any additional charges incurred through the Debt Recovery" and they have attached a "Draft Summons"
The Claim Form/Draft Summons seems to have been issued in the Sheffield County Court for unpaid parking charge which is currently at £100 plus £30 court fee plus 8% ongoing interest.
Although I informed them way back in January that I had changed my address and they have sent further communication to my new address this document and draft summons again was delivered to my old address. Cabt even get that right !!!
Id be very much obliged for your suggestions as to what to do now even though I've follwed your advice all along and really want to continue to fight this

I can post you a draft claim form for the Trumpton county court for £1000 for parking too if you like.... until they part with even more cash and you receive the court summons DIRECTLY from the court, with a pretty stamp of a crown and a legitimate case reference number then you can continue to ignore!

If you do receive papers that you think are genuine, ring the court and ask them, they'll ask you for the case reference number and will soon tell you!

Originally Posted by londoncass

If you do receive papers that you think are genuine, ring the court and ask them, they'll ask you for the case reference number and will soon tell you!

I would ring the court now anyway and ask them why they have sent a court summons without the stamp on it. They will of course confirm they haven't sent anything to you at which time you could lodge a formal complaint that Excel are mis-representing the court by using official documents to intimidate and mislead you. I would hope the court should take this complaint seriously and you may manage to get Excel in deep dodo over it.