Excel parking fine

[charitynjw]

Excel v Wikinson will probably be countered using appeal cases such as OPS v Norma W, & Britannia v Semark-Jullien. Both cases were about whether the whole of the claim should have been struck out. It was decided that the add-on debt recovery charge should have been judged seperately to the original charge on the Notice(s).
In both appeal cases, it was decided that the issue shold be referred back to the lower courts.
It should be noted that the respective parking companies have not done this.
Read into that what you will; suffice to say there is no definitive judgment concerning this matter.
But the explanatory notes of the Protection of Freedoms Act 2012, Schedule 4, states:-

The creditor may not make a claim against the keeper of a vehicle for more than the amount of the unpaid parking related charges as they stood when the notice to the driver was issued (paragraph 4(5)).

https://www.legislation.gov.uk/ukpga...vision/5/1/3/3

[Teleworm]

Excel v Wikinson will probably be countered using appeal cases such as OPS v Norma W, & Britannia v Semark-Jullien. Both cases were about whether the whole of the claim should have been struck out. It was decided that the add-on debt recovery charge should have been judged seperately to the original charge on the Notice(s).
In both appeal cases, it was decided that the issue shold be referred back to the lower courts.
It should be noted that the respective parking companies have not done this.
Read into that what you will; suffice to say there is no definitive judgment concerning this matter.
But the explanatory notes of the Protection of Freedoms Act 2012, Schedule 4, states:-

The creditor may not make a claim against the keeper of a vehicle for more than the amount of the unpaid parking related charges as they stood when the notice to the driver was issued (paragraph 4(5)).

https://www.legislation.gov.uk/ukpga...vision/5/1/3/3

so if the driver can pay the £100 fine that is,looking like the best option as it stands? No loopholes visible at present?

[atticus]

Sadly I can see no loophole. I think the moral of the story is that in this case the gift horse should have been looked in the mouth.

[charitynjw]

so if the driver can pay the £100 fine that is,looking like the best option as it stands? No loopholes visible at present?

Excel might not notice that the driver has been outed. (I certainly wouldn't hold my breath hoping for this possibility).
If so, you can argue that the Notice is out of time.
However, failing that, before paying anything at all, make sure that any offer you make is accepted as full & final.
Oherwise, you might inavertently make yourself liable for the full Monty.

[Teleworm]

Sadly I can see no loophole. I think the moral of the story is that in this case the gift horse should have been looked in the mouth.

Thanks for checking. Anything that can be done about the £70 charge? It says 60 on the sign and seems to possibly therefor be a breach/change to the contract?

[atticus]

That can be pointed out if you want to tender payment in accordance with their terms.

[charitynjw]

Thanks for checking. Anything that can be done about the £70 charge? It says 60 on the sign and seems to possibly therefor be a breach/change to the contract?

That is a benefit of being able to read a clear legible photo of the sign.

[Teleworm]

That is a benefit of being able to read a clear legible photo of the sign.

Is the google drive photo still unclear?

[charitynjw]

Is the google drive photo still unclear?

You assume I have Google Drive.

[Teleworm]

You assume I have Google Drive.

Is there a format you can/would be willing to check?

[charitynjw]

Is there a format you can/would be willing to check?

My IT skills stopped around the advent of the abacus,
That said, it's not usually a monumental problem such as this.

[atticus]

Just click on the link in post 28. You do not need to be Sir Clive Sinclair.

[Teleworm]

My IT skills stopped around the advent of the abacus,
That said, it's not usually a monumental problem such as this.

If clicking the link doesn't work ... here is the text from the sign

"By entering this private land you agree to pay a Parking Charge if you fail to comply with the terms and conditions. The Parking Charge is £100.00 per day or part thereof. payable within 28 days of the Parking Charge Notice issue date. discounted to £60.00 if payment is received within 14 days of the Parking Charge Notice issue date. If payment of the Parking Charge is not made with the payment terms detailed on the Parking Charge Notice. Excel Parking Services Ltd will be entitled to charge a collection fee of £60.00 on an indemnity basis for costs incurred as a result of debt and/or legal recovery. This collection fee is in addition to the Parking Charge payable by the driver and/or registered keeper under the terms"

"If you fail to comply with the Terms and Conditions. Excel Parking Services Ltd and/or its agents may request the registered keepers details from the DVLA to trace the responsible driver,
A Parking Charge Notice of £100 will be issued for the following:-

This site is monitored by CCTV/ANPR (Automatic Number Plate Recognition) Cameras for the purpose of ensuring compliance with the Terms and Conditions of this car park. Parking Charge Notices may be issued by post

⚫ Failure to make payment within 5 minutes following entry to the . Using a disabled bay without clearly displaying a valid Disabled Blue Badge

car park/private land Not registering the full and accurate VRM when making Payment

Parked in a restricted area of the car park or land

Parked after the expiry of time and/or date in a pay car park ⚫ Parking one of the following: Coach. Lorry. HGV. Caravan, . Failure to park wholly within the lines of a single marked bay

Caravanette or Mobile Home

Vehicles are left on this car park at the driver's/keeper's risk and Excel Parking Services Ltd and/or its agents or servants will not be liable for any loss of or damage to vehicles or personal possessions and will only be liable for personal injury or death if caused by wilful negligence:

Quote 1
The car park is

is monitored by Parking Attendants for parking compliance

If you require assistance contact the helpline telephone number detailed

on this sign. Parking enforcement is undertaken by Excel Parking

Services Ltd."

[MIKE770]

Just click on the link in post 28. You do not need to be Sir Clive Sinclair.

3 wheels on my wagon!

[charitynjw]

Just click on the link in post 28. You do not need to be Sir Clive Sinclair.

You assume I have Google Drive.