Patricia Pearl - Small Claims Procedure - A Practical Guide


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  1. #1
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    Default Help with a parking ticket - Excel Parking

    Hello all

    On the 26/3/09 i parked in the st peters retail park carpark in mansfield, purchased a ticket of 2 hours duration costing me £2.00 (12:40 - 14:40) i placed the ticket on the dash and went away to do my business, upon returning to my car (i am the registered keeper) i found a parking ticketicon issued at 13:05. As you can imagine i was a little confused however as i opened my car i found that my ticket had fallen off onto the floor and was barely visable. The ticket was from Excel Parking which i believe to be a private parking company stating that i had breached the terms and conditionsicon of the car park under the contravention code 94 (parked without displaying a valid ticket/permit) and that i should pay £40 within the first 7 days or the charge would be increased to £60.

    I wrote to them explaining the situation later on the same day (i assumed the wind from me opening the car door knocked the ticket off without me realising) i recieved a letter from them saying that basicly they appriciate the fact i bought a ticket they have no issue with that (i have provided proof by scanning it and attaching it to the email i sent earlier) it was just the fact it was not correctly displayed.

    at the end of the letter they say "you can still take advantage of the discounted charge of £40 by arranging for payment to arrive at our office by 7th April 2009. If we do not recieve payment by this date the charge will revert to £100 payable. Whilst we are unable to revoke this notice we hope this offers you an explanation and addresses your concerns."

    i have no intention of paying this, im just wondering what sort of legal legs do i have to stand on and weather i should actually just pay up or not?

    any advice would be greatly appriciated


  2. #2
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    Default Re: Help with a parking ticket - Excel Parking

    Well you have already sent them 1 letter too many which was a waste of a stamp (as you now no doubt realise). Ignore everything else they now send you no matter how threatening.

    *If* they ever consider taking it to court, it will be interesting how they explain that they "appreciate you bought a ticket" but they still want to charge you another £100 anyway!


  3. #3
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    Default Re: Help with a parking ticket - Excel Parking

    Quote Originally Posted by Xyraine3720 View Post
    Hello all

    On the 26/3/09 i parked in the st peters retail park carpark in mansfield, purchased a ticket of 2 hours duration costing me £2.00 (12:40 - 14:40) i placed the ticket on the dash and went away to do my business, upon returning to my car (i am the registered keeper) i found a parking ticketicon issued at 13:05. As you can imagine i was a little confused however as i opened my car i found that my ticket had fallen off onto the floor and was barely visable. The ticket was from Excel Parking which i believe to be a private parking company stating that i had breached the terms and conditionsicon of the car park under the contravention code 94 (parked without displaying a valid ticket/permit) and that i should pay £40 within the first 7 days or the charge would be increased to £60.

    I wrote to them explaining the situation later on the same day (i assumed the wind from me opening the car door knocked the ticket off without me realising) i recieved a letter from them saying that basicly they appriciate the fact i bought a ticket they have no issue with that (i have provided proof by scanning it and attaching it to the email i sent earlier) it was just the fact it was not correctly displayed.

    at the end of the letter they say "you can still take advantage of the discounted charge of £40 by arranging for payment to arrive at our office by 7th April 2009. If we do not recieve payment by this date the charge will revert to £100 payable. Whilst we are unable to revoke this notice we hope this offers you an explanation and addresses your concerns."

    i have no intention of paying this, im just wondering what sort of legal legs do i have to stand on and weather i should actually just pay up or not?

    any advice would be greatly appriciated
    As Crem states-ignore. This is just another PPC [problem] and Excel are well known on here. Thier appeals system (as is every other PPC) is done 'in house' so motorists will always get the standard 'rejected' template. A private company will never turn down profit. Additionally, if you enter into any correspondence with them you will just recieve even more threatening template replies.
    If you choose to ignore then you will recieve up to 5-6 letters from Excel and thier DCAicon. They will give up after that

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

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  4. #4
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    Default Re: Help with a parking ticket - Excel Parking

    What if they go to court? or whant to go to court? do you think i'll actually win. i mean i bought a ticket but didnt display it properly in a pay and display car park, and i have said to them "the ticket fell on the floor" which in the letter i got form them they quoted. How will that stand? :/


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    Default Re: Help with a parking ticket - Excel Parking

    Quote Originally Posted by Xyraine3720 View Post
    What if they go to court? or whant to go to court? do you think i'll actually win. i mean i bought a ticket but didnt display it properly in a pay and display car park, and i have said to them "the ticket fell on the floor" which in the letter i got form them they quoted. How will that stand? :/
    They will be bringing the claim under contract law. As such, their "claim" will be for damages as a result of you alledgedly breaking this contract. They have already admitted that they acknowledge you bought a ticket, i.e. paid them the full cost of the "service" they provided. Hence, outstanding damages are nil.

    This would be a very short court case Ifeel.


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    Default Re: Help with a parking ticket - Excel Parking

    I would love Excel to take me to court - I have been told by them I did not display a valid ticket in the same car park - you will know it but I was initially parked in the section by streetwise sports and then went over tro TK maxx so moved the car - now the car parks all seperated but are all the same and come under St Peters retail park but an excel warden said I should have bought 1 ticket for each section - I dont think so!

    My ticket was well within it's time limit and after 5 letters that I ignored I called them and basically said "please take me to court I look forward to being awarded costs for my trouble!"

    That was 6 months ago - not heard a thing since!

    I am a layperson and have no legal training but I do have an iota of common sense (sometimes)

    Welcome Finance PPI -----> over £3k court case filed SETTLED

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    Black Horse ----> Outstanding balance of £574.00 made up of charges and interest ----> account closed after accepting F&F settlement of £100.





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  8. #8
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    Default Re: Help with a parking ticket - Excel Parking




  9. #9
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    Default Re: Help with a parking ticket - Excel Parking

    Haha, i'll have to see what they say, i'll post again when they write to me


  10. #10
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    Default Re: Help with a parking ticket - Excel Parking

    ok, today i recieved a letter from excel parking stating that this is their final demand for payment and that faulire to pay will result in bailiffsicon or court action. the outstanding amount to be payed is £100 with court and solicitor's scale costs being £30 and £50. Do i keep ignoring this? as im starting to get worried about going to court and bailiffsicon to be honest.


  11. #11
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    Default Re: Help with a parking ticket - Excel Parking

    Quote Originally Posted by Xyraine3720 View Post
    ok, today i recieved a letter from excel parking stating that this is their final demand for payment and that faulire to pay will result in bailiffsicon or court action. the outstanding amount to be payed is £100 with court and solicitor's scale costs being £30 and £50. Do i keep ignoring this? as im starting to get worried about going to court and bailiffsicon to be honest.
    Do not worry. Its a standard template letter-seen on here many times over. bailiffsicon only enter the fray if they take you to court, you lose then refuse/cannot pay. Things such as this plus solicitors costs etc are put on thier letters to frighten. You should only ever take notice when real court papers come through. Thier desperate for your money now.

    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-

  12. #12
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    Default Re: Help with a parking ticket - Excel Parking

    Sounds like those thickos at Excel have learnt absolutely bugger all from that recent court case that they lost does'nt it?


  13. #13
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    Default Re: Help with a parking ticket - Excel Parking

    ok then fair enough, i'll wait until they next write to me and take it from there, ive heard they sometimes send unstamped court papers through as a scare tactic sometimes?


  14. #14
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    Default Re: Help with a parking ticket - Excel Parking

    Quote Originally Posted by Xyraine3720 View Post
    ok then fair enough, i'll wait until they next write to me and take it from there, ive heard they sometimes send unstamped court papers through as a scare tactic sometimes?
    It has been known to happen-and not just by Excel If you do have anything resembling this just ring the court in question-you'll know for definate at that point. I certainly wouldnt worry at this point though

    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-

  15. #15
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    Default Re: Help with a parking ticket - Excel Parking

    Quote Originally Posted by jed52 View Post
    Sounds like those thickos at Excel have learnt absolutely bugger all from that recent court case that they lost does'nt it?
    they don't care. its a mail [problem] - they just play percentages.


  16. #16
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    Default Re: Help with a parking ticket - Excel Parking

    Well Its been a few months but they've got back to me with a letter from a independant debt collecter company the letter states that if I do not pay the charge within 7days then I will be taken to court I'm pretty sure I should be replying to these guys but what should I say?


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    Default Re: Help with a parking ticket - Excel Parking

    No, you don't respond; you just carry on ignoring.


  18. #18
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    Default Re: Help with a parking ticket - Excel Parking

    Quote Originally Posted by Xyraine3720 View Post
    Well Its been a few months but they've got back to me with a letter from a independant debt collecter company the letter states that if I do not pay the charge within 7days then I will be taken to court I'm pretty sure I should be replying to these guys but what should I say?
    debt collectoricon = Someone with absolutely no authority whatsoever.

    This is their last stab in the dark, just ignore these clowns and get on with your life.
    regards

    Please remember our troops, fighting and dying in our name. God protect them.

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    Default Re: Help with a parking ticket - Excel Parking

    Just got a letter from a solicitors saying that if I don't pay bailiffsicon can be called into the fray do I continue to ignore?


  20. #20
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    Default Re: Help with a parking ticket - Excel Parking

    Yes

    bailiffsicon can't "be called into the fray" until Excel take you to court, win, you refuse (or can't) pay in 28 days, then Excel go back to court for a default order, then and only then can THE COURT (not Excel) appoint bailiffsicon.



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