Going to court ruby_rebel - you'll be lucky lol TFT

Sadly,from what I see, it appears to be nothing but the cheats that prosper in this country! TFT

Sending out pretend bailiffs would not only be a worthless and criminal exercise - it would also be far too costly given the amount of money they are trying to collect - you credit these people with far too much inteligence. As has been said, it is all just hot air designed to scare you. Scaring people in to paying rather than taking them to court with a weak chance of winning is far more profitable and viable. TFT

They are pathetic. "You may keep your Credit Record in reasonable order"How do they know your credit record is in reasonable order anyway? you could be an undischarged bankrupt for all they know. I strongly suggest that you send this letter to the manager and tell him that he can pay it. If you are going to get hit for a parking invoice everytime you visit Aldi then you might as well start shopping at Waitrose in Winton. TFT

When insurers quote you, they do so on the risk that you present - obviously someone who has lots of points, several claims etc will present a far greater risk than someone who hasn't. I can understand how you feel but I am in this position, I was hit badly by a Polish driver and having the claim on my insurance sent it sky high but as Britainsworstdriver points out, failure to disclose such information will result in your insurance being invalidated and then things can go really bad. TFT

From the Valley Enforcement website "PCN's can be issued in conjunction with immobilisation, or as a stand alone option. Preferred by some clients as less confrontational, once PCN's have been issued any non payments are referred and pursued through the DVLA via our debt collection agency throughout the UK. Car park enforcement can be used in your pay and display car park or private parking area." Ok, since when have the DVLA enforced private parking invoices? All they do is provide info on who the registered keeper is - hardly constitutes pursuing! Another pathetic attempt by a ppc to fake real authority. TFT

I think that Jed52 might be pointing to the fact that ppc's are not to be taken seriously rather than criticising the way you treat your dogs. TFT

What is the name of the council?

Hi Harry 68, this is what lancashire trading standards have to say on the matter of private parking tickets. In principal, I think the information is particularly good and should help with any concerns you may still have. TFT Parking Charge Notice Clamping is confrontational and can cause problems even where the operators are operating with clear notices and with high ethical standards of operation. To get around the problems faced with clamping there has been an increase in the use of a Parking Charge Notice. This is placed on a vehicle to indicate that it has been illegally parked and if not paid within a relatively short time frame sent through the post to the keeper of the vehicle. With some operators no indication is made immediately the notice being simply posted to the registered keeper. There are no official regulators or regulations covering the use of a Parking Charge Notice and there is considerable scope for abuse and misuse. While there are businesses using this method perfectly correctly there are also a number who use tactics and procedure which cause problems by failing to make the restriction on parking clear and using tactics which confuse the official statutory enforcement with their purely private contractual arrangement. There are 2 aspects to the Parking Charge Notice method of preventing/minimising unauthorised parking. Firstly the deterrent effect, with exactly the same methodology associated with Clamping. Secondly the use of demands for payments with incremental steps to obtain payment. In principle there is nothing wrong, subject to being appropriately warned, with a demand for payment for parking where the vehicle has: Exceeded the stipulated time or Where payment has not been made or Where parking on private land. There are however significant areas of concern in relation to the following issues. The use of the initials PCN PCN is used by most companies as a Parking Charge Notice. Where parking is controlled by a public authority the method of enforcement is by a Penalty Charge Notice. This has a statutory basis under the Road Traffic Act 1991. The use of the same initials is potentially confusing and the connotation of penalty to most people is that it is a sanction that has some official basis or authority. Some companies use a format for the Parking Charge Notice that mimics the format of the Penalty Charge Notice to the extent that this is materially misleading It is arguable that any company that fails to make it clear that the demand for payment is contractual could be: Committing an offence under S40 Administration of Justice Act 1970 (Harassment of Debtors) Incorporating terms that are unfair under Unfair Terms in Consumer Contract Regulations 1999. Indicating that the Owner/Keeper of the vehicle is liable for the fee paid For Penalty Charge Notices issued under Road Traffic Act the keeper of the vehicle is liable. This however does not extend to situations where vehicles are parked on private land. The onus is on the person demanding payment, under the contract, to show that the party to it has agreed. If the keeper was not using the vehicle at the time they cannot be held liable. (One reason clamping was used was the ability, under common law, of the landowner to detain goods which caused damage during trespass.) The demand, if made to the keeper who was not using, is potentially an offence under Malicious Communications Act Release of keeper information by DVLA To obtain information on the keeper of a vehicle any one who has reasonable cause can make an enquiry with DVLA. With effect from October 2007 the DVLA will not release information electronically unless the company is in the British Parking Association or another suitable organisation with an acceptable code of practice. This does not however stop requests being made for the information by non member firms so long as the company or individual making the request has reasonable cause. If a company is misusing data or operating with practices which are unacceptable DVLA will stop providing information and may pass complaint to Information Commissioner. After being provided with the DVLA information, the subsequent communication from the Parking Company should : Point out the contractual nature and justification of the claim and ask for confirmation that the keeper was using at the time the unauthorised parking occurred. The BPA has advised its member firms ( June 2008) to ensure that correspondence makes it clear that the contractual liability lies with the driver who parked inappropriately. DVLA have declined to insist that the information is used in a particular way. If the data is being misused, a complaint can be made to the DVLA and/or the Information Commissioner. Release of Information, Fee Paying Enquiries Section, DVLA, Swansea SA99 1AJ. The amount charged as a fee The basis for the fee being charged is purely contractual. Parking when not authorised with clear signage indicating an agreed fee are likely to be enforceable If you have over stayed the stipulated time, on an empty car park, it is arguable that the amount claimed should reflect the fee you should have paid not a massive penalty. If the fee charged does not properly reflect the loss suffered from the action of the individual parking improperly then the charge is a penalty and not recoverable. Especially where the charges are generated by automatic processes the imposition of large fees is highly questionable. In the same way that bank charges have been challenged you can equally challenge excessive car parking fees. Action Through the Courts As a contractual dispute any dispute would be through the County Court. The matter would be small claims with the according limitation on costs. In the absence of any regulatory framework for Private Car Parking Companies, using Parking Charge Notices, individuals with disputes should: Consider whether or not they had agreed to the fee being levied by the existence of clear unambiguous notices. Consider whether the factual circumstances are correct. Use the companies complaint procedure where available and without cost. Be aware that only the user at the time can be held responsible for the inappropriate car parking. Be aware that the onus is on the car parking company proving who parked inappropriately. Be aware that the fee charge should reflect the loss incurred, it should not be a penalty. Be aware that the fee can only be enforced through the County Court. If demands are made which are unfounded or where information has been obtained, or is being used, from DVLA outside what is reasonable, a complaint should be made to Consumer Direct (08454 04 05 06) and/or the Information Commissioner. This guide is produced in good faith. It should not be taken as definitive or comprehensive. Ultimately only the Courts can determine the validity and application of the law or the enforceability of contractual conditions or arrangements made.

None of it matters because it's not a real ticket! TFT

They have a photo of your car - so what? They cannot do anything with it. If you take the time to google Excel parking you will find the Internet is litered with tales of their colourful business. You will also find that the timing calibration on their equipment is often called in to question as to how reliable it is. You need to quickly get out of the mindset that this is parking fine and that Excel have any right to fine you. It's a con/hustle/[problem] - call it what you want you don't have to pay it. TFT

Oh dear, this is a [problem] my friend. If they have said that they can issue you with a fine, ask them under what law and then listen for the silence. These people have absolutely no legal authority or power whatsoever. They are nothing to do with the Local Authority/Police tickets which are backed by statute law. All they have done is issue you with an invoice for a very very minor breach of their parking conditions. The only way they could enforce this is under contract law where it is unlawful for them to claim money from you which is greater than the cost of the damages caused - in this case about 5p. The best way to deal with these clowns is to completely ignore them and have nothing to do with them. Do not even think of communicating with them. They will send you 5-6 letters all full of empty threats from bailiffs to county court judgements. After this, they will disapear. TFT

Ah yes, the worst of the worst ppc's. For your confirmation this is a private parking company and not a Local Authority or Police parking fine. The great news is that the 'fine' you have is in fact no more than an unenforceable invoice which you do not have to pay. They have no right to your hard earned money. Simply ignore them and the 5 - 6 threat letters they send you and carry on your business. TFT

Or if you have NatWest online banking you can see any charges applied to your account for the last six years which is typically the length of time you can claim for. TFT

A contract cannot be enforced if it has a criminal element. For example, if I agreed to sell illegal substances to you and I did not deliver you obviously could not sue me. A further example, a loan shark also cannot sue you if you fail to make repayments to him/her. TFT

Don't rise to it. Some people believe that council's do no wrong - much like governments and the police - yawn. Don't let it stress you out. You have a problem so stick to dealing with it. Take on board those suggestions that are helpful and discount those that are not. There has been much investigation to suggest that council CEO's are targeted for performance - lets not be so naive to suggest this is completely untrue. As for impossible to sack anyone (laughs), constructive dismissal?!?!?!? It is not impossible to fire anyone if the correct loopholes are used. I do sympathise with you Spellboy, as you point out you were doing no harm, it is just a business - like every aspect of this country - it is all about the bottom line and heaven help anyone who gets in the way. By the way, check out Havering and how they got stung by the Icelandic banking crisis and then maybe the reasons for why so many law abiding citizens such as yourself get parking tickets might start to become quite clear In my view parking enforcement should be about keeping the roads clear and keeping traffic flowing - not issuing tickets on the basis that whilst someone may have been 'breaking the rules' they were infact not causing any problem or obstruction - nothing more than the result of a petty minded state. TFT

Seriously, chill out - this isn't going to happen. If it were, by the same token I could add on £100 to by bank charges claim and then I would be in the money. The reality is that I would be kicked out the court because I could not prove the loss - the same as Euro Car Park's cannot. PPC's may be idiots - judges aren't! TFT

Remember that Euro Car Parks is a business and that they have to adapt to external influences. One such influence is the fact that people are becoming increasingly wise to their [problem] - therefore, to continue profiting they must explore new avenues such as writing different letters. At the end of the day, there is no way that they could prove that you owed £300+ and it all amounts to the same thing - another empty threat. TFT

Forgive me for being a little personal but are you in any form of financial hardship? If so, the waiver might not apply to you. TFT

Welcome to the Police state that is the UK. Keeping the roads clear is a convenient excuse for councils who are running a big business in issuing parking penalties. The situation is that this country simply does not have the road infrastructure to support its population which often means that even the most upstanding drivers end up committing a parking contravention as a result of shear frustration - e.g. parking on double yellows after waiting hours for a space that never appears. My advice to you Spellboy, get your house sold and move to France or Spain for a more relaxed way of life, I know I want to. TFT

Well done; however, I'm hardly surprised given the ppc involved - this lot are chaotic at best - they probably forgot that they even issued you with one of their unenforceable invoices lol. TFT

Don't Capita do the TV License enforcement as well? TFT

Is this Control Account do you think - WebCHeck - Select and Access Company Information Been changing names a lot recently ???????????????? TFT TFT

Agreed, but have you noticed the previous name for Brinx? It is no other than Euro Car Parks - well well, Brinx appear to be just another desk in the same office (metaphorically speaking) TFT

When I had my car accident in 2007 - I was waiting at red traffic lights in Southampton and a Polish car behind drove so fast in to the back of me (estimates around 50mph to 60mph) that I went straight through the red light, across the junction and hit the bus stop on the other side. I got done by the traffic light camera but given the circumstances it was cancelled. I was taken to hospital and the Police recovered my trashed vehicle to a council car park where it was waiting for 7 days for the insurers to come and collect by which time I had collated no less than 7 penalty charge notices for not paying parking (the car could not be moved as the fuel tank had come off, the back suspension was shot, offside rear tyre punctured, etc). This was despite the fact the Police covered my car in Police aware notices and put the RTI number in the front windscreen for any enquirers to use as a point of reference. The council agreed to cancel the tickets after the Police had a word with them about it. Just my account of how the camera's can turn on you when you are most in need TFT