Excel Parking Ticket.

[crem]

Any response to them will only spur them on.

 

By not replying it will not encourage them to go to court in the hope of getting an unchallenged win, but rather, they remain completely in the dark about who they are dealing with and won't want to risk it at court. After all, they may be writing to a crown court judge for all they know who is just waiting to tear them apart when he gets to play on his home ground.

[agentjont]

Hi there,

 

Just found this forum, read through a lot of the pages. Very interesting!

 

My wife received a letter as we overstayed at a retail park in Swansea. Didn't realise the two car parks are owned by two companies. One seems to be non existant whereas Excel seem prolific with their 'fines'! We usually park in the one where you never get tickets as its closer to the cinema. But that day we wanted to shop so went to Excel's car park as they have better shops, sadly then we forgot to move it before the film, and by the time the film finished it was overtime! damn. But anyway back to the Excel letter...

 

Bit complicated though as we moved into a house down the road from her parents. We've obviously changed our insurance addresses as that effects our insurance claims but havent bothered changing our dvla address up to now. So the letter from Excel arrived at her parents house. Her dad passed it on but technically he said they could just send it back stating that she there is no resident at that address anymore with that name (her surname has also changed!). So we're thinking we'll give it back and he can return it stating that the person no longer lives at the address it was sent to.

 

Will that cause any issue? Better than writing a letter back from what I've read. Am I right in assuming that if they do come chasing us and find we were only 10 doors down the street and her parents knew that then they cant actually raise the fine or sue us for that?? Hoping we send it back and they think 'bugger it' before trying to track her down!

 

Any advice welcome. Sorry if its confusing!!

 

Love the forum, looks like I'll be saving this along with hotukdeals haha. Jon

[My Real Name]

Any advice welcome.

Ignore any and all letters from them.

 

Respond if, and this is a very big if, you received stamped court documents.

[crem]

Your better off not communicating with them at all. Do not even bother sending their letter back to them as any mail they receive only spurs them on to harass you more.

[asmodeus]

It's a "it could be like this" using a Court form with no stamp or case no

 

now of course you could complain to your local county court regarding the abuse of a legal document and it is being used to further the [problem]

 

Definately misuse of official documents and well worth pursuing

 

In the unlikey event of a real summons do not panic and pay up. For the amount involved it would be a small claims court and you will have the opportunity to submit a defense which will be looked at by the court prior to any hearing. The case may even get thrown out at this stage as they do not approve of time wasters especially when they act in an unreasonable manner and use Court documents in an unofficial manner to harass and bully.

There are several defenses to use - just ask or read through this forum e.g. does the amount claimed represent the actual / realistic loss of revenue to the Claimant or is it disproportionate

I run my own business and have had appearances in court (not motoring related) and all have been easily and successfully defended. Proceedure is very straightforward in a private room with just the interested parties (i.e. Claimant and defendant - you can have someone -friend, relative etc. with you as support) and a JP who is there more as an arbitrator than a judge to hear both sides and make a decision based on this and the law. (he does not have a black cap )

[letshelp]

In the unlikey event of a real summons do not panic and pay up.

Why would you advise people to pay up on the mere receipt of a summons?

regards

[davecat]

Hi all, Not heard anything from Excel since this (page 8 of this thread): Received 'Final Demand Notice' today 23.2.09. Costs as above and 'failure to pay will result in court action'. 7 days to pay.

 

Today (24.9.09), I've received a letter from Roxburghe Debt Collectors asking for £140.25 within 7 days or they will pass the matter onto their Solicitors, Graham White for potential legal action.

 

I'm going to continue to ignore based on this thread:

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/152781-excel-parking-pcn-graham.html

 

Is this the best course of action?

 

As a note, I have not replied to any of Excel's letters.

 

Keep the faith!

[hanley duck]

 

I'm going to continue to ignore based on this thread:

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/152781-excel-parking-pcn-graham.html

 

Is this the best course of action?

 

 

Yes.

[seen the light]

good evening all

 

i communicated with Excel in September re a parking ticket at Forrester Square Bradford and they rejected my letter and since that time i followed the advice of this forum and have not heard anything, thinking they had given up

 

I have today recieved a letter from Roxburghe debt collectors, shall i ignore it or write back to say i am in dispute with excel

 

please advise

 

many thanks

 

STL

[Barsteward]

Ignore.

Look around and you'll see there are plenty others have also just recieved a similar letter.:grin:

 

also, when looking, you;ll see Excel are not without 'form' regarding this particular carpark. So how keen do you think they'll be to embarass themselves - again - in front of the beak?

[seen the light]

many thanks bar steward

 

I hadnt been on the forum since April ( not september as i wrote in my post ) and was trying to skip between posts last night to find the info

 

regards

 

STL

[DCA0512]

On Monday I received a £60 charge (increasing to £100 if not paid within 14 days) for overstaying a 2 hour limit by 7 minutes. The car park in question is free for 2 hours, not a pay and display.

I had been tempted to pay it, but having read some of the forum I'm debating whether to pay or not. I don't want to part with £60 on a whim to a bogus company, but at the same time the thought of a court summons fills me with terror.

Is it best to just ignore, and keep ignoring any letters they send me about this? I was driving but I am not the registered owner, could I just (if it went to court) say it wasn't me driving?

Any help much appreciated

[Al27]

We can only give you the same advice as we everyone:

 

• do not pay

• do not contact them

• they will send a heap of threatening junkmail - ignore the lot and they will go away

• the threatening junkmail will be designed to make you think you'll be taken to court, never be able to get a mortgage, yadda yadda. It's a load of crap. It's a [problem] - people pay up because they believe their lies. If they were truthful, nobody would pay.

• Chances of court action are very very remote. The charge is simply unenforceable - even more so in your case. £60/£100 for 7 minutes - no judge would entertain such a frivolous waste of court time.

 

Your terror is based on the idea an ordinary private company can issue fines, that they take everybody to court, they can easily win, that it's financially viable to take people to court, that you'd have to stand in a court room in front of a judge in a wig, that your life would be ruined if they won and that you'll have to pay hundreds of pounds etc. etc.

 

Every single one of those points isn't factual.

[Barsteward]

On Monday I received a £60 charge (increasing to £100 if not paid within 14 days) for overstaying a 2 hour limit by 7 minutes. The car park in question is free for 2 hours, not a pay and display.

I had been tempted to pay it, but having read some of the forum I'm debating whether to pay or not. I don't want to part with £60 on a whim to a bogus company, but at the same time the thought of a court summons fills me with terror.

Is it best to just ignore, and keep ignoring any letters they send me about this? I was driving but I am not the registered owner, could I just (if it went to court) say it wasn't me driving?

Any help much appreciated

Ignore.

Do not contact them - at all.

If i send you an invoice, will you pay me? Thought not.

If you need an incentive to stay firm on this, how much do you think the pair of [problematic] who run this company earn?

If you need a clue, it's above the minimum wage

[seen the light]

bar steward

 

thanks for the confidence you are giving us novices !!

 

I have today recieved a NOTICE OF INTENDED LEGAL ACTION from Graham White Solicitors for some £142.25 which i will ignore.

 

i hope you are all right with what you say !!!

 

thanks and regards

 

STL

[letshelp]

bar steward

 

thanks for the confidence you are giving us novices !!

 

I have today recieved a NOTICE OF INTENDED LEGAL ACTION from Graham White Solicitors for some £142.25 which i will ignore.

 

i hope you are all right with what you say !!!

 

thanks and regards

 

STL

Graham White is this forums joke solicitor company, you are safe ignoring these clowns.

Tell the registered keeper they are under NO obligation to tell a private company who was driving the vehicle at the material time.

regards

[Barsteward]

bar steward

 

thanks for the confidence you are giving us novices !!

 

I have today recieved a NOTICE OF INTENDED LEGAL ACTION from Graham White Solicitors for some £142.25 which i will ignore.

 

i hope you are all right with what you say !!!

 

thanks and regards

 

STL

 

If it makes you feel better, it seems we both got the same letter (i'm a poet and didn't even know it).

 

guess what i'll be doing with mine?

[asmodeus]

I had been tempted to pay it, but having read some of the forum I'm debating whether to pay or not. I don't want to part with £60 on a whim to a bogus company, but at the same time the thought of a court summons fills me with terror.

 

That is exactly the effect they want so just ignore as replying will just encourage them

 

Court summons may sound horrific but the reality is that they are not and for the amount the PPC is claiming it is small claims where you sit in a room with a JP there as an arbitrator. No judge with a black cap, no jury and very informal and not a chance of the PPC winning.

 

Ignoring does work and is the best solution from personal experience as eventually they will move onto easier targets which have not found this forum

 

Spread the word to family, friends and workmates ONce they run out of suckers they will be out of business

[Baldy Man]

Seen the Light

 

My son also received a letter today (10th Oct) with same threat of Legal Action from Graham White. Following other threads - it appears the signatory of this letter MIchael Sobell is a solicitor who works for Hackney Council Housing Dept! No doubt he takes his share if anyone is foolish enough to pay up. My son`s dispute goes back to February and he has refused to pay and ignored all letters. Keep us posted on any further developments.

[DCA0512]

Having spoken to a family friend who's been a lawyer for coming up to 30 years, I've been advised that because there are signs that are directly visible right at the entrance to the car park I have entered into a contract with Excel and breached that contract by being 6 minutes late. However, I've also been advised that to take this matter to court, it would cost them £35.

Obviously, it just depends on whether they follow through on their threats that I'm sure they will send (to take this matter to court). I'm still going back on forth over whether to pay or not - on one hand I'd rather not part with the £60 (or £100 in 7 days' time) if I don't have to, but again if they do take this to court and I lose - I'll end up with a CCJ at 20 years old and that's something I really can't afford to have happen.

 

Obviously, it would be easier just to pay the £60 and not have it hanging over my head; but I think what I intend to do is follow the template letters 'Bernie the Bolt' has provided, and if and when I receive a court-stamped summons, I'll then pay whatever they've hiked the charges up to to prevent a CCJ.

[jkdd77]

Don'y pay under any circumstances- as the charge is an unlawful penalty charge as per Dunlop vs New Motor Co (1915) as not representing a reasonable pre-estimate of their actual losses (£60 for a 6-minute overstay- no chance).

 

Excel have tried court twice and been spanked on both occasions.

 

In any case, any alleged contract would only be with the driver- and it is for Excel to prove the identity of the driver.

 

Finally, you would only get a CCJ against you if you lost in court and still refused to pay.

[Rooster-UK]

As jkdd77 said....

 

IGNORE.

IGNORE.

IGNORE.

 

Then....... IGNORE some more!

[DCA0512]

The CCJ info isn't quite correct - if you go to court and you lose, then a CCJ is issued stating you have to pay. The only way to get around them is by paying in full (plus interest and court fees) before you go to court, meaning there will be no hearing and no CCJ issued. Or, if you go to court and lose, if you pay within one month of the hearing it never goes onto the register.

However, if it does go onto the register (if you don't pay within a month) it stays on the register for 6 years. At 20 years old, I can't afford to have a CCJ registered against me - getting mortgages, cars, loans is damn near impossible with one and even if you manage to get one they whack on a massive interest rate.

[lamma]

"if you don't pay within a month" so you are in control of the event 'should' it happen. - its 28 days rather than a month isn't it ?

[seen the light]

baldy man

 

i will update as and when further communication is recieved. I suspect that your son and i may have to laughingly endure the same process at the same time. i tend to forget about it for a few months and then something will appear in the post out of the blue

 

regards

 

seen the light