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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

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      Many thanks 
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Excel Parking Ticket.


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Hi Tirnanog and A127

 

Thanks for the replies and the useful info. I'm definitely not paying the £60 or the £100 that will be issued from tomorrow. If i'd broken or violated a Traffic Act or law then i'd pay but this is ludicrous. I'm not sure where they stand on the DDA Acts 1995 & 2006 as they haven't made 'reasonable adjustment' for those people who may have reading difficulties and therefore can't 'make themselves aware of the terms and conditions of parking'.

 

Does being in a dispute affect our credit rating? I'm a bit worried about that.

 

I'd be interested in your correspondence Tinanog

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Hey everyone,

 

I recently posted my concerns about my parking ticket with excel,

it was given to me at Middlesbrough leisure park as the attendant

thought I had went into town and was not using the facillities, I

received the ticket on the 23rd October. It's been almost a month

now, and i've still heard nothing. I keep worrying about it and I don't

know what to do, I was going to just pay it and then I realised I'd sent

my ticket to them, so I have no way of paying at all! I'd love to just

ignore it but i'm just soooo worried. :(

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Thanks Lamma, and that what people have been

saying to me, but it's hard for me to just ignore it,

I keep thinking i'm going to receive a letter asking

for a ridiculous amount of money. What makes you

think i'm safe? do they usually reply straight away?

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yeah but that's what i don't understand, i haven't received

any letters at all, and it's been almost a month. and thankyou,

i really appreciate everyones help!

 

I got a similar company's crappy invoice back in June. Having joined this forum and got the much needed moral support, I had steeled myself ready for the paper deluge i expected.

 

I waited,,, I'm waiting,, and still waiting..... nil, nadda, zilch!!

 

I think after 5 months I have given up any hope of receiving their kind requests for payment and guess what, I still sleep well. :D

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haha i just can't help but worry though! did you just ignore them? because i haven't received ANYTHING off them, and I sent the letter recorded delivery too, so it's definately arrived. Can I get a criminal record for not paying if they eventually ask for payment?

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Hi Marshmallow

First thing to say is dont worry about your crdit rating as it is not affected. Excel would have to obtain a County Court Judgement against you and then you would have to default on that before your credit rating was in any danger. That is written in stone so dont worry any more on that score.

It appears that excel have conceded that you had a ticket but say that it is invalid because you put in the wrong number; this puts you in the same ballpark as myself and I have been researchng this since beginning of August with help from the other people on this site. Have you been onto the moneysaving site that I told you about? There is a list of codes and a violation of Code 94 means that you have parked in a pay/display car park without displaying a valid ticket; the regulations may require you to buy a ticket (which you have done) but the requirement to input reg numbers if personal to the parking company. Parks are patrolled by wardens which is why you have to display your ticket and if they choose to ispense with wardens it is up to them to use a monitoring system that works.

I have found in my research that Private Parking Companies cannot issue a PCN.

As to correspondence I never rec my PCN, just a demand for £100 and by the way, I had lost my right of appeal (if you trace threads you will find this is quite common with excel). Wrote back with copy of ticket and rec reply to concede that I had bought a ticket and they would cancel the PCN...........Oh, I had entered one wrong character on the ticet so they had admin costs including applying to DVLA for my address so send £10 or they would proceed with the PCN. Wrote back politely thanking them for conceding that I had bought a ticket but saying that I would not be blackmailed into paying £10 and requesting them to cancel the PCN immediately (incidentally I have found out from moneysaving etc that the DVLA charge is £2.50 and also that excel have once been banned from having easy access to the dvla although reinstated after 3 months. There has also been a BBC Watchdog programme on them and some other time I will tell you about all the trouble when they got the contact for the car parks in Wakefield which were previously run by the council).

We have now been through the final demands and now getting letters from debt collection agency and their solicitor (both addresses on same street by coincidence). I am politely replying to them all and meanwhile have checked out their threats and County Court procedures and am quite happy to go forward. I am basically trying to cost these buggers as much as I can.

Have lost track of where you are up to but if you let me know I will tellyou what I did next and what the response was.

Basic thing not to lose sight of is that we bought a ticket, we paid our rent for that space for that period of time and that is it.

:mad:

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I am politely replying to them all and meanwhile have checked out their threats and County Court procedures and am quite happy to go forward. I am basically trying to cost these buggers as much as I can.

Have lost track of where you are up to but if you let me know I will tellyou what I did next and what the response was.

 

If you're willing to take them on and don't mind postage costs, it's possible to run rings round them with correspondence.

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Thanks for all the replies and especially Tirnanog for the extensive one! I've gone past the PCN payment date so i'm just waiting for the next letter at which point i'll use one of the templates to reply. I've briefly looked at Martin Lewis and feel even more confident that i shouldn't pay for a PCN. I'm sure the next letter will be arriving shortly!

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Chill :-)

 

Mine took 6 months to arrive and I received two letters which I ignored. Nothing since.

 

 

 

 

There is a list of codes and a violation of Code 94 means that you have parked in a pay/display car park without displaying a valid ticket; the regulations may require you to buy a ticket (which you have done) but the requirement to input reg numbers if personal to the parking company. Parks are patrolled by wardens which is why you have to display your ticket and if they choose to ispense with wardens it is up to them to use a monitoring system that works.

 

You are under no obligation to input numbers or display passes once you've paid. Once you've paid, and they've accepted the money, that's it. They can't 'fine' you - only reclaim damages they've incurred from you not displaying a ticket with the right reg on. I fail to see how they can incur any damages whatsoever from this.

Contravention code means bugger all as well - it's just a ruse to sound more like a council PCN.

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  • 4 weeks later...
Hi Marshmallow

At last someone in the same boat. Where did yours take place? Mine was in George Street car park in Wakefield and has been ongoing since July. Exactly what happened to you? If you follow through all the other threads you will see the things I have been posting but am keen to hear your story before you see mine and then we can compare notes

 

Hi

 

I have also just been ticketed by excel however they think I have no ticket but do even though it has taken them 25 days to send the notice. However as it was a company car I did not know the reg number and was in a rush so pushed in an old one. I will also take this this all the way as it is not fair when we have paid for the parking place and it is all down to their automated system that can not make decisions. Has your situation be sorted - let me know - new to this site but really angry and will not pay the cash would rather give it to a solicitor than these lot. Will also get my mp involved as they need to be stopped.

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Hi hwadsworth, could you change your name; I spat all over my screen when I tried to say it out loud :).

Not much to add since I posted the one above that you have read. Having received a demand from the debt people and one from their solicitor the following day, and replied I then rec another from the debt people threatening to give me to their solicitor so I replied that they had done that already and should read their correspondence properly and to please not send me any more threatening letters as I would only reply to their solicitor or the county court. That was 18th Nov and have heard nothing yet but that probably doesnt mean anything if they really do apply to CC. I stand by this; I bought a ticket and left the car park before the expiry of that ticket, excel have admitted as much and if they are want to waste court time with this they are feckin eedjits (sorry I grew up in Ireland!) and deserve everything the court is going to say to them.

Did you actually receive the PCN (which I understand a private parking company cant issue) or have you just got the £100 one and lost your right of appeal?

The only difference between our cases is that I had all the correct characters bar one on my ticket whereas you say you put in a completely different number; how does the timing on the ticket gel with the time given on your PCN?

Will keep an eye on this everyday to see if you reply...........and will keep some screen cleaner handy :D

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Hi All

 

I've received the 'Notice to owner of intent to issue court procedings' letter that i'm just going to ignore. The letter reads as follows:

 

DO NOT IGNORE THIS NOTICE

FOR PARKING vehicle registration mark xxxxxxx in a CONTROLLED PARKING ZONE at anpr charging scheme std (60-100) Pennine Centre (anpr) on 18 Oct 2008 whereby the said vehicle contravened CODE '94' (parked without displaying a valid ticket/permit) and a Parking Charge Notice was sent through the post which remains unpaid.

YOU ARE HEREBY ADVISED that unless the amount as detailed below is in our hands within 7 DAYS from the date hereof we may without further notice to yourselves immediately institute proceedings against you for recovery of the said amount.

AMOUNT OUTSTANDING £100

FAILURE TO PAY THIS NOTICE MAY RESULT IN COURT PROCEEDINGS BEING TAKEN AGAINST YOU WHICH MAY LEAD TO A WARRANT BEING ISSUED TO THE BAILIFFS.

SHOULD YOU WISH TO AVOID COURT PROCEDINGS WHICH MAY RESULT IN YOU INCURRING COUST FEES SOLICITORS COSTS AND ACCRUING INTEREST YOU MUST PAY WITHIN 7 DAYS OF THE ISSUE DATE OF THIS NOTICE.

COURT FEE £30

SOLICITORS SCALE COSTS £50

 

I am not paying this. Which template letter should i send them back?

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Hi

 

Sorry for the late reply.

 

Yes received a PCN but this went to my company as it is a company car, so £60.00 they are after at the moment then it goes up if I do not pay by 5th Jan 2009. The PCN timings are 14.26 I went into the car park and 14.34 I got the ticket, that was down having no change (or much cash as my purse had been stolen a few days before hence why I was there). They have also now replied to my appeal and said it is their terms and conditions that we input our reg number.

 

What do you think - sorry about the user name but get fed up of thinking of new ones.

 

Hi hwadsworth, could you change your name; I spat all over my screen when I tried to say it out loud :).

Not much to add since I posted the one above that you have read. Having received a demand from the debt people and one from their solicitor the following day, and replied I then rec another from the debt people threatening to give me to their solicitor so I replied that they had done that already and should read their correspondence properly and to please not send me any more threatening letters as I would only reply to their solicitor or the county court. That was 18th Nov and have heard nothing yet but that probably doesnt mean anything if they really do apply to CC. I stand by this; I bought a ticket and left the car park before the expiry of that ticket, excel have admitted as much and if they are want to waste court time with this they are feckin eedjits (sorry I grew up in Ireland!) and deserve everything the court is going to say to them.

Did you actually receive the PCN (which I understand a private parking company cant issue) or have you just got the £100 one and lost your right of appeal?

The only difference between our cases is that I had all the correct characters bar one on my ticket whereas you say you put in a completely different number; how does the timing on the ticket gel with the time given on your PCN?

Will keep an eye on this everyday to see if you reply...........and will keep some screen cleaner handy :D

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