Yet another plea for help - Excel Parking

[filthysurfer]

Still nothing. Take heart all you waverers out there!

[asmodeus]

Don't worry - its going nowhere

 

Debt Recovery Plus have just sent me a notice of intended litigation just 7 days after their initial letter on behalf of a PPC and am really scared and quaking in my boots - well they probably like to think I am

 

Threats of Court, credit file, balliffs, sezure of goods - ha - if only.....

 

There dare not take you to court as they are on very shaky ground and they know it - read carefully through their correspondence and there are lots of mights, mays and if's. There are too many defenses for them to stand the remotest of chances of taking it to court and actually winning

 

From first hand experience ignore works well

 

Logically it is just about worth their while sending out a few letters in the forlorn hope they can scare you into reaching for the cheque book but once they get into court proceedings they are into spending larger sums and these scamsters are not into losing money or risking heavy fines for harassment and telling falsehoods

[filthysurfer]

Yes to all that. I was just pointing out that after the usual run of letters it all stops. And that if anyone was getting the wobbles to take heart and know that they are empty threats.

[bettyboop65]

I was getting the wobbles, when i first starting getting the letters. I have had all the letters, threats, baliffs, court, even phone calls from Roxburgh. Then i found this site and took all the advice i could get from this site and IGNORED Excels Letters and calls. My last letter was a month ago, I dont know if they have given up yet. But i will let you know. I had parked on the day in the car park in a disabled bay with a disabled badge showing clearly in the car windowscreen. The car park had always offered free parking to disabled parking, if you had a blue badge. I never saw a notice to say Excel had taken over and now charge for Parking. I spoke to Excel as soon as i got my first charge letter and apologised for parking and not paying. I explained no notice up. I was then asked quite sharply, if i was blind. After that comment i knew what kind of company excel where. By the way am not blind. Anyway thats my story. Lets hope i have heard the last of Excel. Thanks for all the advice and support.

 

Yes to all that. I was just pointing out that after the usual run of letters it all stops. And that if anyone was getting the wobbles to take heart and know that they are empty threats.

[BSOD]

Hi folks, new to this forum.

 

Dear me, what a bunch of Onanists. Their first communication said it all, two sides of A4 at about 90% coverage, more colours, fonts and whatnot than a teenager's first web site. "COWBOY" written all over it. They must spend a fortune on laser toner.

 

Anyway, I've binned various other communications, got my first letter from dodgy solicitors "Graham White" this morning, threatening Heaven only knows what.

 

Naturally, I intend to pursue my usual policy when faced with amateurs such as this, that of masterly inaction, as I find it invariably works well in such cases.

 

However, I am being somewhat mean here, as I possess a trump card.

 

It's blue......

 

I'll keep you posted.

Edited September 15, 2010 by BSOD
typo

[exley22]

Would appreciate some help. I received a ticket on the 24th December from a near by car park run by Excel Car Parking. I had rushed into town for some last minute bits and not knowing if the shops would still be open I completely forgot to get a ticket. I made an appeal to Excel which they responded to saying I would still have to pay the Fine. I have today received a Notice to Owner of Intent to Issue Court Proceedings.

 

Do I pay this or just ignore them? Has there been anybody actually taken to court before?

 

Your help is much appreciated

 

Thanks

[DBC]

Just ignore. Excel did actually take someone to court in Mansfield, where they were soundly thrashed. So don't worry on that score. Do not contact Excel because unless they know the identity of the driver then they are stymied. You might get some scary looking letters, but that all part of the game they play in trying to make people pay up.

[exley22]

Hi I have already contacted them when I made the appeal, will this effect me??

[DBC]

Hi I have already contacted them when I made the appeal, will this effect me??

 

You will be OK. It just means you might get a few more of their scary buy meaningless letters.

[officemanger]

Hi there

 

I have read your forum with interest. I received a parking ticket today for parking in an Excel car park (free). When I arrived the car park was very busy and apparently I was not parked in a designated bay - there were cars on either side of me and in front. When I returned to my car it was less busy and I was actually in a non designated parking bay but the markings were not clear at all.

 

According to what I have read here, fellow members say not to pay. My partner says "on my head be it". Am I right just sitting tight?

[DBC]

Yes, just sit tight. You don't owe them a penny. As for all that "designated area" nonsense, this has no basis in law and they have not suffered any material loss by you parking there.

[esmerobbo]

Hi there

 

I have read your forum with interest. I received a parking ticket today for parking in an Excel car park (free). When I arrived the car park was very busy and apparently I was not parked in a designated bay - there were cars on either side of me and in front. When I returned to my car it was less busy and I was actually in a non designated parking bay but the markings were not clear at all.

 

According to what I have read here, fellow members say not to pay. My partner says "on my head be it". Am I right just sitting tight?

 

Yes sit tight and spend the money on a valentines gift for your partner! Excel are on record stating they don't enforce. Sit back wait for the letters and ignore!

[filthysurfer]

As others have said, sit tight and ignore. Since starting this thread I still haven't been fed to hungry sharks, deported to the colonies or *shock* taken to court, met a debt collector, had a CCJ issued etc etc etc. Have a read through. Five letters including the original demand I think.

[doggymad]

Hello,

I'm new to this forum, I came accross this as I too have received letters from excel and I wanted some advice.

I received a parking notice on my vehicle despite paying for a ticket! Unknown to me the ticket had blown off the dash.

I made the mistake in writing to excel explaining what had happened and sent them the ticket, after photocopying it, however they don't seem a very nice or reasonable company and have now sent three letters in total, the last being a red final letter.

Is it true that if I just ignore them from now on I will be ok. I can't afford £100 when i had bought the 50p ticket.

I've also read here that they can ring you? Is this true? Any advise would be grateful.

Thanks.

[honeybee13]

Hello there and welcome to CAG. I'm sure the guys will comment, but are you sure this is a ticket and not an invoice? I think I know what the answer will be, but please bear with us until someone in the know comes along to advise you.

 

My best, HB

[bondy lad]

doesnt matter whether you bought a ticket or not,, excell will still try it on,,, you will recieve a load of threatening letters from them,,ignore and just use it as spare loo paper,, nothing,, absolutely nothing legally can be done to you,,excell are vermin,,ignore,, ignore,,despite what leters say/threaten, they will not pursue.you have not committed any offence,, there are 100s on here who wish they would take us to court,, ime numbers 20,087 on the list.relax now.

[bondy lad]

should have read,,1000s on here,,.

[doggymad]

Hello there and welcome to CAG. I'm sure the guys will comment, but are you sure this is a ticket and not an invoice? I think I know what the answer will be, but please bear with us until someone in the know comes along to advise you.

 

My best, HB

 

It was a parking charge notice £100 or £60 if paid within 7 days!! 14 days to appeal, which i did, but failed. They have now sent three letters stating to pay £100 or they may start court proceeding etc etc.

What did HB mean by is this a ticket or invoice?

Thanks,

DM.

[bondy lad]

i would imagine that hb meant,,if it were a ticket,,that equates to a ,,penalty charge notice, meaning issued by local council,,traffic warden /police,,which as i understand you have to pay,,then appeal,,,,but what you have as i say from these vermin,, is a ,,parking charge notice,,in other words a request for money,,meaning,,,an invoice, meaning please pretty please pay me,,,but i cant do anything if you dont,,,if i am incorect there are plentyof experts on here,, i am still learning,, but believe me know all there is to about ,,excell parking and they will try it on to worry you into believing you have to pay,,,eg,, for this info you owe me £150-00,,are you going to pay me??????? please relax,, look up,,,excell parking charge notice [problem],,,on a search engine.

[Aretnap]

It was a parking charge notice £100 or £60 if paid within 7 days!! 14 days to appeal, which i did, but failed. They have now sent three letters stating to pay £100 or they may start court proceeding etc etc.

 

As you've discovered, there is no appeals process. If they "allow" your appeal you won't send them any money. If they don't allow it, you might send them money. Why on earth do you think they'd choose to allow it?

 

The good news is that appeals process or not they don't have a leg to stand on. Under well established contract law, if you breach a contract, the other party can only claim the losses they've suffered as a result of the breach (in your case diddly squat as you actually bought a ticket). Alternatively, they can put a clause in the contract stating the amount you must pay if you breach it, but this clause is only legal if it's a genuine and reasonable estimate of what their losses might actually be. So if the car park's terms and conditions said that you had to pay 50p per hour, or £5 all day, and if you didn't display a ticket you had to pay £5 this might be enforceable - £5 is at the upper end of what their losses might be, but it's not manifestly unreasonable. But Excel wouldn't make enough money doing that, so they try to charge you £100 - which is clearly far more than they could ever actually lose as a result of you not displaying or even buying a ticket.

 

Excel have been to court once before on this very point. They got spanked (Google Excel Parking Services v Hetherington-Jakeman). They won't try it again. You'll get various threatening letters, but they can't blacken your credit rating, send bailiffs round or steal your kids unless thay take you to court, they win and you still don't pay up. The day that happens I'll be riding across the frozen wastes of Hell on a flying pig. Expect a couple more nasty letters, then they'll quietly give up.

[coglan99]

Hi everybody....in the past I have used the template letter which have worked but this time, i am choosing to ignore ignore ignore !! Im getting a little nervous...heres the thing. when i initially got the ticket, i emailed excel to tell them there had been a mistake as i had started working in a restaurant and the parking spaces were allocated for staff on the car park. (i had accidently parked in the one with an extremely faded disbled sign in it)... they replied in writing saying that (obviously) the appeal was turned down and as I hadnt given them a return address, the fine wa now £140 and not the original £70.......the only think i am worried about is that they have an email with me admitting the "offence". do you think they are more likely to take me to court??? I recieved a "final warning" in the post this morning. also, they have printed my address as "nottinghamshire" and not "tameside" although all the other info is correct. could that go in my favour??? thanks folks

[bondy lad]

dont even waste your time worrying about this shower of dog muck,, they will threaten everything,,,and do,,,,nout,, because they know if they did, which they wont , take you to court,,,, they would do an aresenal last night,,,,,,lose,,please just ignore,, dont worry about admitting etc etc,,,,relax,,, mr, g white,, solicitor,, roxburghe debt collectors et al,, are all just,,, mr,,m(wish i could meet you and you can take me to court) sobell sending you this loo paper.

[ftd]

Hi all

I wanna join this thread too!

I'm on letter number three, i'm pretty certain I didnt buy a ticket, the car was on site for under 15 minutes, i'm not sure who the driver was that day!

 

One question: is it reasonable to assume if I went into a carpark, spent 5/10/15 mins appraising myself of the T&C's, decided I didnt like the T&C's and left, then 'have I' or 'have I not' agreed to the terms?

Is it a valid argument in court?

 

Also, i'm pretty sure I didnt agree to anyone taking pictures of my car and looking me up on the DVLC (unless its the cops of course!). can I counter sue for anything?

 

Cheers

FTD

[Writestuff]

I have a suggestion, that in the event someone is actually taken to court and looses, we would all contribute a small amount to clear the settlement ! Not sure how many subscribers there are though but I would be willing, maybe a more effective way of calling their bluff and taking them out of business.

[filthysurfer]

Just thought I'd revive this one. Firstly because the bump may give confidence to anyone dealing with Excel (I'm still here and their threats as expected came to nothing) and secondly because I'm now looking at a parking charge notice from Vehicle Control Services. This one was issued against one of our work vehicles and will be ignored just like the one from Excel.

 

I'll keep you all up to speed.