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    • Hello,

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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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Excel Parking


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You need to read the other earlier posts on this. Excel have a habit of never going away, so you need to be short and curt with them. Do not give them any information about anything. When you get a demand, write a one or two line letter back to them saying you were not the driver, nothing more, no offering of excuses to them, and state that the fine should be cancelled. Do not telephone them or it will cost you plenty.

They are not a fly by night company, they have been around a while so they are obviously making money, but don't be scared of them.

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  • 2 weeks later...
  • 2 weeks later...

Amands, this has already happened to someone else on this thread. Basicaly, you have the choice to pay them to go away or not to pay them and see if you go to court. They will not go to court if you were not the driver and you have made that clear.

I don't want to give you bad advice, but I am not paying them and I am prepared to go to court.

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  • 6 months later...

Hi,

I'm a bit new to this... but here goes! Yesterday I parked my car in the Middlesbrough Car Park managed be Excel (Adjacent to Cineworld, Middlesbrough leisure Park) I dropped my 3 daughters off just outside the cinema and then procceded to park up. I was going to pay as I was going to pop into town (Only free if using leisure park) but on arrival I discovered that it was FREE parking as it was a Bank Holiday, On my return with the family I discovered a parking ticket! I confronted the the man in the booth and he said I must have been caught on camera seen leaving site (Leisure Park) I said it's free parking! Appeal he said, it will be recinded.. it's all too confusing. I have sent an e-mail appealing against this but having read the threads I don't think it will make a difference. Why was a ticket issued initially? Any advice would be most welcome.

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Hi dont know if its of any help, but i just kept writing to them and refusing to pay and told them after about 3 letters if i had to write anymore they would be charged accordingly.

 

They went away....... 1-0 to me ;)

 

Try it! It may work... Stand your ground. People like Excel dont have much behind them anyway its not like an offical goverment parking attendant.

 

Good Luck

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Do not pay them. Write to them and tell them to take you to court. I did this and they can't be bothered with me anymore. You can do as I did and claim you were not driving the car and you do not need to offer the name of the person who was (allegedly) driving, remember they are not the authorities. They have a bad reputation and they don't go near court anymore. There won't be any pictures of you leaving the centre on foot, that is absurd.

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Many Thanks, It's early day's so i will wait for a response.. and I will stand my ground on this one!

Have a read of the Private Parking Guide in stickies section of the forum and also look through the template letters.

 

Don't engage with their appeals process. Wait until they contact you. They have to pay £2.50 to obtain your details from the DVLA. Then use the template letters in stickies section.

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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  • 3 weeks later...

Update... I recieved a letter today from excel...

 

stating that the car park attendant had seen me 'walk off site'. Whilst parking was free due to the bank holiday, the rules and regulations of the Leisure Park were still applicable. Therefore the notice was issued correctly and the Charge will stand. Whilst you may not have intentionally breached the regulations the fact remains you were in contravention of them. We regret to disapoint you but unfortunately the circumstances you described gives us no grounds to waive the notice.

 

Your advice on my next plan of action would be most appreciated!

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Update... I recieved a letter today from excel...

 

stating that the car park attendant had seen me 'walk off site'. Whilst parking was free due to the bank holiday, the rules and regulations of the Leisure Park were still applicable. Therefore the notice was issued correctly and the Charge will stand. Whilst you may not have intentionally breached the regulations the fact remains you were in contravention of them. We regret to disapoint you but unfortunately the circumstances you described gives us no grounds to waive the notice.

 

Your advice on my next plan of action would be most appreciated!

 

Just for a bit of fun how about writing to them along the lines of:

 

Dear Sirs,

 

I am in receipt of your letter dated **** and note that you do not wish to waive the notice.

 

I ask you to reconsider on the basis that your proposed charges are just a load of old tosh.....at least a learned Judge in Mansfield County Court considers so.... I do to!

 

[attached Press cutting refers, just in case you haven't seen it]

 

Yours Faithfully

 

Judge quashes £300 parking fine...because it set out to ‘frighten and intimidate’ driver | the Mail on Sunday

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Interesting reading, i hadn't seen the article previously, Thanks for the advice Barnsley Boy. I have wrote a reply today stating that I have no intention of paying due to the following;

 

i) I have tickets to the Cinema providing proof that I had indeed used the Leisure Park Facilities whilst the PCN was issued

ii) it was a Bank Holiday and 'Free Parking' was in operation at the time as confirmed by the attendant.

 

Lets wait and see... probably £100 and the threat of court action no doubt! Lets hope

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Guest Julian Fiddlepot

PLEASE PLEASE PLEASE do not be conned into a false sense of security by this recent ruling. Companies are still winning in court on a daily basis. This one only got the publicity because it was a rare loss.

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PLEASE PLEASE PLEASE do not be conned into a false sense of security by this recent ruling. Companies are still winning in court on a daily basis. This one only got the publicity because it was a rare loss.

 

And countless others are lost when the PPCs realise that they are up against someone who is informed as to their rights and knows how the [problem] works.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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PLEASE PLEASE PLEASE do not be conned into a false sense of security by this recent ruling. Companies are still winning in court on a daily basis. This one only got the publicity because it was a rare loss.

Can you back up that claim ?

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I'll rephrase that "full of pseudo-legal advice they read on their computer."

 

You're quite right, it's not advice they get here - at least I don't claim to give any. I only tell people what I would do.

 

Guess what?

 

I have never had a PPC pursue me to court, not once, never!

 

The system I use and have shared with others works. Other systems work also. The common link between all the systems that work is that they know how the [problem] works.

 

The common link between all of the cases we have seen where the motorist lost is that they didn't.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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PLEASE PLEASE PLEASE do not be conned into a false sense of security by this recent ruling. Companies are still winning in court on a daily basis. This one only got the publicity because it was a rare loss.

Very Rare. Mainly because the PPCs seldom take anyone to court if they present a valid defense. What happened to Excel will happen again and again to any other PPC stupid enough to try court action.

 

I smell Troll.

 

Please don't feed the Trolls they are on a specially prepared diet of BS

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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Companies are still winning in court on a daily basis.

 

Then there must be hundreds of examples then!

 

PLEASE PLEASE PLEASE do share this information you have, to support your statement!

 

I would be most amused to learn of such circumstance! :p

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Guest Julian Fiddlepot

Robert Smith recently lost a case where he tried to claim that the charges were "penalties and thus unenforceable"

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