Excel Parking Fine - Are they safe to ignore?

[BenA1]

Hi there,
Have looked through a few of the posts on private parking charges here, and I have slightly different circumstances to many of the queries, so thought I'd detail them to get some advice. Any help HUGELY appreciated.

So, the Excel Parking-run car park in Chorlton, Manchester, has has two entries/exits. You can drive through it, basically - from Wilbraham Road on one side to Nicolas Road on the other. I dropped my wife off there, then picked her up about half an hour later, having driven through the car park. The cameras, seeing me enter, then 'leave' again some time later later snapped my plate and presumed I'd parked there. I hadn't. Have spoken to the police, they say it's not illegal to drive through the car park - people have also used it as a cut-through for years and years, long before Excel rather contentiously started charging people to park in what was a free car park before.

Anyway.

Basically, the system in the car park doesn't work, because of it having two exits/entries. They need someone in situ handing out the 'fines', or a barrier system, but they don't have either. I can't prove I didn't park there, but the system is flawed, and I don't believe their proof - the pictures - proves I parked there either.

They let me know about my alleged indiscretion a full two months (!!!) later, complete with pics of my car and plate. I emailed them to let them know the circumstances, and explained I would not be paying the charge. They rejected my 'appeal', though I wasn't actually appealing to them.

Some advice suggests ignoring entirely, but I later decided to appeal through POPLA. Annoyingly, they said I'd left it too late, and could not help (but it's fine for Excel to wait two months before sending me a 'fine', seemingly).

Now Excel have informed me of 'possible court action'. The language throughout is amusingly non-committal. I'm totally fine with going to court, I think I've got a case and am happy to argue it. My question is what's the procedure? Can I put forward my argument? Will there be a judge to hear it? POPLA - I believe misleadingly - told me on the phone that if court action goes ahead, it's simply how Excel will recover the money from me, and I won't be able to argue my case. That's wrong, isn't it? Or will they even bother taking me to court for a £100 'fine'?

Like I say, any help very much appreciated.

Thanks.

[mystery1]

Re: Excel Parking Fine - Are they safe to ignore?

Excel are not a particularly litigious company. They have been to court but not that often. You have a good case and of course you get to enter a defence just like these http://www.parking-prankster.com/court-cases.html

You can get some guides http://www.parking-prankster.com/court-claim.html cost about 3 quid but does explain the process of court although based upon the aggressive litigators parking eye.

As well as the defence you appear to have you also have a POFA failure if they don't know who the driver is as 2 months is outside the time limit for anpr tickets.

M1

[BenA1]

Re: Excel Parking Fine - Are they safe to ignore?

thanks for that. would POPLA likely have accepted that appeal? Annoyed that I missed the deadline, but wasn't sure if I went down the POPLA route, then their decision would be final. didn't really want to give it oxygen, and basically, I'm not paying them a penny it until a court tells me I have to.

this wasn't parking eye, of course, but the rudiments are the same, right?

are they planning to get rid of CCTV-based enforcement like this? and if I've got a good case (have I really?), how come they're allowed to operate with a system that's not fit for purpose in the first place?

thanks again!

[BenA1]

Re: Excel Parking Fine - Are they safe to ignore?

oh and also, it won't affect my case that I didn't appeal through POPLA, will it? they talk about CCJs in this court proceedings letter (scaremongering, I presume), but that would only happen if I refused to pay after a court had ruled I had to, isn't that right?

[BenA1]

Re: Excel Parking Fine - Are they safe to ignore?

here's the most recent letter, FYI. do they also not have to inform you of the charge within a certain amount of time? this is claimed to have happened on Dec 14, 2013 - they first wrote to me on 27 Feb, 2014 to let me know they were trying to fine me.

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[mystery1]

Re: Excel Parking Fine - Are they safe to ignore?

You may have won by stating you weren't parked and probably should have too. You'd definitely have won if you'd have gone genuine pre estimate of loss. popla is binding on them but not you.

Lack of popla will not likely effect you at court.

They can do it because nobody stops them.

You have a great case if you weren't parked but you have to persuade the judge that that is true on a balance of probability basis. Shouln't be too hard if, and it's a big if, they go to court.

A CCJ is immediate after a judge rules but if paid within 28 days it is not recorded on the register so no black marks on a credit file.

Finally, they do spout shite and use big scary colours and words to scare you. That's how they make money.

M1

[BenA1]

Re: Excel Parking Fine - Are they safe to ignore?

yes, it was the colours that worried me in particular....

[ALEXANDER1]

Re: Excel Parking Fine - Are they safe to ignore?

Hi, I'm having the same problem with Excel parking, 4 years later they're still pestering me, last week they sent me a letter (to my parents house, where I used to live) from Rossendale Collect Professional Debt Collectors, are they still trying it on? From the first letter I've been ignoring them, as advised from previous threads on other forums, I've even changed my phone number as it was getting ridiculous with constant phone calls....... so just to reassure myself, that ignoring is still the way forward?
Many thanks

[mystery1]

Re: Excel Parking Fine - Are they safe to ignore?

For a pre October 2012 yes.

For a new ticket no.

M1

[ALEXANDER1]

Re: Excel Parking Fine - Are they safe to ignore?

For a pre October 2012 yes.

For a new ticket no.

M1

Oh yes this is from 2010