Excel Parking

[Rob S]

Thanks Rob,

 

What if they write to me saying they are taking legal action?

 

 

Amands

 

Let them get on with it, but the most they could claim for is the payment for the time your car was parked without a ticket, and you have offered them this, haven't you;)

[Amands67]

Yes i sent them a copy of the ticket a got from the machine, when i got a chance too, it was only 50p - do you think they will be ok with this?

 

The price for the parking was 50p for 2 hours, i was only there 15 mins!

 

Thanks

 

Amands

[demon_x_slash]

It doesn't matter if they're okay with it. They would have to take you to court to get it from you. Do you think the judge will be happy with them taking you to court for 50p?

 

They will not take you to court. They will not issue proceedings against you. Please read the threads that I have provided above for reassurance. You need to stop worrying about this and get angry. They have no right to chase you for this, no right to insist that the registered keeper deals with this, no right to demand the name of the driver from you, no right to penalise you for an alleged breach of civil contract which they can't prove happened in the first place. They are acting, if not illegally, then at least unlawfully.

 

I really don't know why you keep rolling over on this. I'd be hopping mad.

[Rob S]

Demon, it's a little bit different for Amands because she had already admitted to being the driver prior to posting on this forum, so it's no surprise that she does feel a bit vulnerable. It's easy for us to give her advice on what to do, but she is the one receiving the letters and threats, not us, and there is no doubt they can cause a lot of stress for some people. Hopefully she will lose the fear and start getting angry with them soon, but in the meantime we can offer her the reassurance that she needs to help her stand firm.

[Andy7807]

I agree with both Demon and Rob, my other half would have paid by now if I hadn't kept re-assuring her that nothing will come of this sort of thing.

 

Amands just take the advice and be strong, we haven't heard from our threatening jerks for around 6 weeks now after it had been to debt collectors, it is now back in the parking company's hands for them to go to court and try and get a court order which won't happen.

 

Stand firm, if you receive more letters just post back on here for continuing advice.

[demon_x_slash]

Just trying to get her blood up a bit Seriously Amands, don't get scared, get angry.

[Amands67]

Have just received a letter from the debt collectors asking to pay up £ 125.00 relating to the parking charge notice, if not paid today they will issue a CCJ, Do i still ignore and let them get on with it, or reply?

 

I know you keep telling me to stand firm, but in all honesty, i dont fancy a CCJ against me, my credit isn't very good to begin with

 

getting more and more frustrated at these jerks

 

 

Amands

[Andy7807]

A debt collector can't issue a CCJ, it has to apply to the court, you would have to be informed it was going to court and the court would have to agree there is a debt, if you then didn't pay the debt a CCJ would be the next step I believe. Without any court involvement no chance of a CCJ. Is the letter threatening court or are they saying they will issue a CCJ? If so that is blatant scare tactics.

[Amands67]

The letter is threatening court action, do you really think they could or couldn't go all the way?

[nutegunray]

The letter is threatening court action, do you really think they could or couldn't go all the way?

 

Threatening to take someone to court is easy, just ignore their letters and any further 'final demands', 'final final demands'.....etc. If they want to go to court get the media involved as it will be a landmark case.

[Andy7807]

The last letter I had from debt collectors threatened court action ( 'may go to court' was the wording) I told them I wasn't paying and return the 'debt' back to the car parking agency, which they did, haven't heard a thing since, that must be 3 months ago. They will try it on to scare you into paying because it works on a lot of people, that's how they stay in business. I wouldn't worry.

[Amands67]

Hiya Andy

 

Thanks I will pen a letter together for them!

[mothership99]

Hi guys, I got a ticket in Ambleside St Martin's College car park at the weekend. My own stupid fault I s'pose as I totally misread their sign and paid the weekday rate of 70p for 1-2 hours instead of £1.80 for 2 hours. I got back to the car (I thought with 15 mins left) that my partner had driven in and found a ticket, overstaying and not parking in a marked bay. The car park was no where near full when we arrived or when we got back, and the attendant watched us park and could have said something there and then, there was no business lost because of the car being inches over the T-mark.

 

The ticket is for £60 reduced to £30 if paid within 7 days.

The ticket man saw me remove the ticket and spoke to us.

I am the registered keeper but was not driving it that day.

I bought the car only on 28th July so DVLA may not have sorted it yet and may give the wrong details to Excel.

 

What should I do do you think?

 

 

Anna

[Supermiembro]

The first thing you should do is wait. It seems to take them months to get around to contacting the DVLA, but when they do, you as the registered owner, will get a demand. As you are the owner but not the driver on the day, then you will write back to them stating that is the case, and suggest that they chase up the driver for the fine. You do not have to tell them who was the driver, that is their problem. Check the earlier answers on this thread.

[Supermiembro]

Sorry, that is assuming that you have been fined by a private company, and not the council. If it is the council, then you will hear about it quickly, and be given 14 days to pay the fine at a reduced rate,etc.

[Supermiembro]

NEWS FLASH, Excel have just been fired from the Portland carpark in Mansfield.It has had its contract terminated by the retail park. Ha, thanks to all the people who have complained about Excel.

[Supermiembro]

BBC NEWS | England | Nottinghamshire | Firm sacked over car park anger

[patdavies]

The first thing you should do is wait. It seems to take them months to get around to contacting the DVLA, but when they do, you as the registered owner, will get a demand. As you are the owner but not the driver on the day, then you will write back to them stating that is the case, and suggest that they chase up the driver for the fine. You do not have to tell them who was the driver, that is their problem. Check the earlier answers on this thread.

 

If you are going to quote legalise at them, it helps if it is right.

 

There is no such thing as a registered owner. There is a registered keeper, but the DVLA do not keep any details of a vehicle owner. They also make it very clear that the RK is not necessarily the owner.

 

You will need to write and state that the driver is liable and not the registered keeper; suggest that they contact the driver.

 

You are under no obligation whatsoever to assist them in this, nor are you liable as RK

[Supermiembro]

Pat, you are just repeating what I said.

[patdavies]

Pat, you are just repeating what I said.

 

No, I am not.

 

You were referring to a registered owner - which does not exist.

 

You may have meant the same, but if you are going to quote law at these leeches, you have to be right.

[Supermiembro]

Everybody here who is the registered keeper of a vehicle will be the owner of that vehicle. No use splitting bloody hairs about it. The point is that she should write back and tell them to chase up the driver for the fine.

[patdavies]

Everybody here who is the registered keeper of a vehicle will be the owner of that vehicle. No use splitting bloody hairs about it.

 

Absolutely, utterly and totally wrong !

 

I, for instance, am not the owner of the vehicle that I drive - although I am the registered keeper.

 

Also, ANYBODY who has a car on HP is not the owner; although they will be the RK

 

My point was that if you are going to try and use legalese, you have to be right; you do have to split hairs.

 

If they get a letter referring to a registered owner, they know they are dealing with a dickhead who probably will not have the legal knowledge or support to carry any defence through and is just writing a letter without any understanding of the content.

 

At no point in any sort of parking enforcement is the owner involved; there is no register of owners.

[Supermiembro]

The point is that she was not the driver, that is the issue. I don't know if you have already paid Excel by now, but I haven't, using this argument, and it has nearly been a year since my ticket, with no comebacks. There is no sprouting "legalise" as you call it, no mention of any laws or statutes that only clever people such as yourself can understand.

I am the registered keeper and I own my car.Call it what you will but I was not driving the day I was fined, therefore they can **** off.

[dw190]

The point is that she was not the driver, that is the issue. I don't know if you have already paid Excel by now, but I haven't, using this argument, and it has nearly been a year since my ticket, with no comebacks. There is no sprouting "legalise" as you call it, no mention of any laws or statutes that only clever people such as yourself can understand.

I am the registered keeper and I own my car.Call it what you will but I was not driving the day I was fined, therefore they can **** off.

 

While your actions for your own circumstances were correct, that doesn't make it correct for others.

 

A Local Authority used the words "a notice to owner will be sent to the Registered Owner" instead of the words Registered Keeper or the person appearing to the Authority to be the Owner. The PCN was found to be invalid for that error.

 

Neither you, Pat or myself are qualified to give professional advice and somtimes get it wrong (as I have done myself more than once). When I do and see things from another angle I have to conceed and move on.

 

The correct terms to use, and I'll show my a*se if I'm wrong are:

 

Registered Keeper

 

and

 

Lawful Owner

[Supermiembro]

Mothership has stated that the car was driven by her partner. She can tell excel to chase him up for the fine, but she is not under any obligation to tell excel who was driving. She will be fined, as I was, because we are the registered keeper of the car. There is no reason to tell excel anything other than she was not the driver that day. Whether she is the owner, the registered keeper or a bleeding registered nurse, it is of no importance.

That is the point.

It is different with the police and council fines as we all know.