Bogus parking charges Excel - Moor Centre car park Brierley Hill

[wakaday]

I’ve exchanged letters with them so they know I’m the keeper, and they know I’m not the type of person to simply ignore correspondence.

 

Do you think there is an option make a "without prejudice save as to costs" style offer of say 50p+£10 admin without admitting liability considering I’m:

 

1, unable to ID the driver

2, due to the time that has now elapsed from the date of the incident, it is unreasonable to have expected any alleged driver to have retained the ticket. Therefore I’m unable to verify or defend their allegation

 

Do you think they would go all the way to court based on this approach?

[kiptower]

as every will tell you IGNORE THEM

 

the more you contact them , they more they think they have got you worried and they will keep sending their stupid letter

 

COURT ? you got more chance of winning the lottery ( by the way what numbers you doing tonight )

[wakaday]

Do excel ever take anyone to court?

[kiptower]

they have and lost a few times and hammered by the JUDGES

 

google them

[wakaday]

Still in a dilemma on this one, reviewing my options:

A - Pay the invoice £60: Forget all about it, or will they send another speculative invoice just to spite me?

B - Do nothing: probably the best route from day 1, but I’ve already engaged with them they know I’m the keeper and they have produced some kind of evidence which could be used in court?

There evidence is images of my vehicle, I accept this and the times, but it doesn’t prove the driver. The other evidence is a spread sheet of times, payments and vehicle registrations. Looks convincing, but could be easily be fabricated, I always put £1 in this car park, never 50p. Personally I would like to see a duplicate ticket.

C - Request further evidence: such as duplicate ticket?

D - Make them a reasonable Offer: Make a without prejudice offer to save costs of say 50p+£10 admin without admitting liability on the basis:

1, unable to ID the driver

2, due to the time that has now elapsed from the date of the incident, it is unreasonable to have expected any alleged driver to have retained the ticket. Therefore I’m unable to verify or defend their allegation

This letter would be the final one to close of the matter, and in the event it went to court I’ve made a reasonable offer.

Where should I go?

 

[Dublindel]

Do not make any offer except that you will respond to any court papers vigoursly. Tell them to take action or drop it. to cease and desist from further communication.

[Al27]

A - Pay the invoice £60: Forget all about it, or will they send another speculative invoice just to spite me?

 

Not unknown for people who pay to be pestered afterwards in the hope of wringing more cash. Plus you'll probably go on their mugs board in their office!

 

 

B - Do nothing: probably the best route from day 1, but I’ve already engaged with them they know I’m the keeper and they have produced some kind of evidence which could be used in court?

 

Still is the best option. So what if you're the keeper? How on earth does that entitle them to £60?

 

There evidence is images of my vehicle, I accept this and the times, but it doesn’t prove the driver. The other evidence is a spread sheet of times, payments and vehicle registrations. Looks convincing, but could be easily be fabricated, I always put £1 in this car park, never 50p. Personally I would like to see a duplicate ticket.

 

So what? The £60 is legally unenforceable. You're losing sight of this and getting sucked into the [problem].

 

C - Request further evidence: such as duplicate ticket?

 

How would 'further evidence' suddenly entitle them to sixty quid?

 

D - Make them a reasonable Offer: Make a without prejudice offer to save costs of say 50p+£10 admin without admitting liability on the basis:

 

Since you owe them zilch, you've immediately just thrown £15 away. And you think that would stop them sending you more junkmail?

 

1, unable to ID the driver

2, due to the time that has now elapsed from the date of the incident, it is unreasonable to have expected any alleged driver to have retained the ticket. Therefore I’m unable to verify or defend their allegation

 

Again, even if you happily declared you parked for an extra hour it doesn't magically mean you owe them £60.

 

This letter would be the final one to close of the matter, and in the event it went to court I’ve made a reasonable offer.

 

Never engage with [problematic].

 

Where should I go?

 

Ignore them.

[Al27]

they have and lost a few times and hammered by the JUDGES

 

google them

 

Was it once or twice?

 

Never ever seen a paid 'overstay' case in court. Only ever seen one disabled badge cases and the rest have all been parking with no permit or parking on free land every day. Overstay cases are avoided by these companies because the list of charges spells out their actual losses and immediately tells the judge they're only entitled to a quid or two.

[filthysurfer]

Never ever seen a paid 'overstay' case in court. Only ever seen one disabled badge cases and the rest have all been parking with no permit or parking on free land every day. Overstay cases are avoided by these companies because the list of charges spells out their actual losses and immediately tells the judge they're only entitled to a quid or two.

 

That's really interesting. I've never come across that bit of information on here before. Or I've not appreciated the difference between overstaying and parking without 'permission'.

[Conniff]

B - Do nothing: probably the best route from day 1, but I’ve already engaged with them they know I’m the keeper and they have produced some kind of evidence which could be used in court?

 

I would like to see the evidence for the amount charged. As this is supposed to be freach of contract they are only entitled to damages and those damages do not add up to anything like that, the claimed 50p shortage is all they are entitled to.

 

These companies only go to court if they think they will be undefended and can get a judgement by default. If you have a case, let them take you to court, they wont turn up if they think it is going to be defended because their claim is false.

[Al27]

That's really interesting. I've never come across that bit of information on here before. Or I've not appreciated the difference between overstaying and parking without 'permission'.

 

Neither is enforceable, but if you pay a pound for an hour and stay an extra half an hour, in theory you owe 50p.

 

Cases like that are more difficult for parking companies because it's obvious they're only owed 50p from the start.

 

No permit cases are the norm, but the parking companies still lose them 99% of the time because the law is quite clear on the issue of contractual penalties.

 

The only way parking companies can win is if someone uses space on somebody's land every day, causing provable loss to the landowner.

 

The blue badge case was an odd one. The parking company lost, but they usually steer clear in case a disabled person turns up in court on the day. Bad P.R. for them.

 

I would like to see the evidence for the amount charged. As this is supposed to be freach of contract they are only entitled to damages and those damages do not add up to anything like that, the claimed 50p shortage is all they are entitled to.

 

These companies only go to court if they think they will be undefended and can get a judgement by default. If you have a case, let them take you to court, they wont turn up if they think it is going to be defended because their claim is false.

 

If I owe 50p, I'd rather wait until I receive an invoice for the correct amount! Strange how these companies never send them though...

[filthysurfer]

Neither is enforceable, but if you pay a pound for an hour and stay an extra half an hour, in theory you owe 50p.

 

Cases like that are more difficult for parking companies because it's obvious they're only owed 50p from the start.

 

No permit cases are the norm, but the parking companies still lose them 99% of the time because the law is quite clear on the issue of contractual penalties.

 

I know none of these are enforcable from the excellent information on here and I had come across the 50p argument too. I guess the penny hadn't dropped regarding the two 'types' of circumstance. I'm not making myself very clear but I guess what I'm saying is that there is even less chance of Excel having a pop at me. I know you guys always say not to worry but we do you know

[wakaday]

recieved a letter from Roxburghe Debt Collectors today. Pay up £141.12 (gone up £41.12 , but no explanation) in 7 days or face potential legal action.

 

Should I contact them and state my position or just ignore?

[kiptower]

IGNORE

 

they will get fed up

 

few letters to go yet though

[Petrol]

ppppp

[Petrol]

I agree. The best thing is to ignore. My family have experienced several encounters with these people in their various guises. One family member made the fatal mistake of paying up. Predictably she received another "fine" for a new offence within weeks. My mother is currently on her final, final, final, final warning of Court action. Strangely enough, the amount has gone down by £60 since her final, final, final warning. Is she worried? To be honest, yes but after every letter she gets all the reassurance she needs. I would relish our day in Court but it won't come to that because its a [problem], ignore it. Put another way, if you received a letter asking for your bank details as you'd won £5,000, would you even bother to send a reply to say "no"? Treat it with the contempt it deserves.