**DISCONTINUED** excel parking services parking fine....

[06868bev]

Hi,
I received a penalty notice off these cowboys back in August being the registered keeper of a vehicle for parking on a retail car park..
I was not the driver and have repeatedly told them this by email..
The alleged misdemeanor occurred when my vehicle had "overstayed" the free half hour allowed by 15 minutes..
I have been through the IAS "appeals" process where they have judged me to be the driver although they have not produced any evidence to prove this by photograph or otherwise..
All they have given me is a photograph of the number plate of my car arriving and leaving..
The latest letter from them states that if I do not pay the fine by 1st November they may commence legal proceedings against me.
I do not intend to pay this legalised theft and would appreciate any advice from other members who have experienced similar threats from excel parking..
Thanks in anticipation

[mystery1]

Re: excel parking services parking fine....

Just a case of waiting until it becomes statute barred or they go to court. File everything in the mean time.

M1

[06868bev]

Re: excel parking services parking fine....

Hi,
I have received another threatening letter from them basically asking me to tell them who the driver was at the time of the "offence" and requesting that I disclose the identity of the driver or they will assume that it was me and pursue the matter..
They have given me a further date of 13th November to do this..
I have further told them that I do not know who the driver was and will not pay this £100 which in my opinion is tantamount to legalised theft..
Any further suggestions or tips..?
Kind Regards

[mystery1]

Re: excel parking services parking fine....

Let them be, for now. If you don't tell them you break no law and they're kinda stuck.

M1

[06868bev]

Re: excel parking services parking fine....

Hi,
I have received a letter this morning from Rossendales Collect..
They are saying that the parking ticket/debt has now gone up to £130 and unless I pay the amount within 7 days "recovery action will commence".
Any advice would be most welcome
Thanks

[mystery1]

Re: excel parking services parking fine....

They're trying to scare and intimidate you when in reality it's just more filler for your file/drawer.

M1

[06868bev]

Re: excel parking services parking fine....

Thanks I have emailed them to say that I deny the debt ..

[abz123]

Re: excel parking services parking fine....

In order to send bailiffs, dont they have to get a county court judgement first? btw I saw in another post that a parking company (not excell) took the case to court, but lost the case as they did not want to disclose a copy of the contract

[06868bev]

Re: excel parking services parking fine....

I presume they have to get a county court judgement.. I want them to take me to court as it will be interesting to see how they can prove I left the car in their car park when I was sat at home waiting for a BT engineer...!!

[ostell]

Re: excel parking services parking fine....

Not being the driver is not a defence. Under POFA 2012 the registered keeper becomes liable if they don't know the name of the driver.

A defence would be if they had failed under POFA to hold you liable, and there are many places they can trip up.

[06868bev]

Re: excel parking services parking fine....

What would failing under POFA amount to..
Can you give an example..??

[06868bev]

Re: excel parking services parking fine....

I have just checked the correspondence that Excel have sent to me and they say that "we are not seeking to rely on POFA 2012.Despite the points you raise we will continue to pursue the matter on the reasonable assumption that you were the driver of the vehicle in question until information/evidence to the contrary is provided"...?????
I have told them numerous times that I was not the driver and I cannot ascertain who the driver was .....

[ostell]

Re: excel parking services parking fine....

If they are stating that then you DO have a good defence. Make sure this is stated strongly in your defence. This is a parking company trying to be clever (too clever). If you have the proof send it to them now so that they could not claim later that you were being unreasonable in not providing proof earlier. Would be nice to hit them with it in court but could misfire.

Failing under POFA would be that they did not meet the strict requirements required by POFA. Examples would be not getting the notice to you within the required time, not stating who the creditor is and the period of parking, to name a few.

[06868bev]

Re: excel parking services parking fine....

Thanks will ask BT if they will provide the evidence to prove that I was in all day waiting for them..
As regards this so called recovery process don't they have to summons me to county court ..???

[ostell]

Re: excel parking services parking fine....

They don't do court if they can help it as it costs them more than they get back and sometimes they don't want their methods to exposed to the gaze of a judge.

Hope you can get confirmation from BT.