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Full Version: Excel starting legal proceedings on the 1/10/2007
FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
Buuterflycollecter
Hi

I recieved a parking fine on the 14/7/2007 reason - for not purchasing a parking ticket . I entered the car park at 8.30 am . i went to purchase i ticket however the meters were covered with plactic bags. I looked for a parking assitent however none were present . I returned to my car to find i had been issued with a ticket . When i recived a letter from excel i wrote back explaining the reason why i had not pruchased a ticket. I recieved another letter staing My " Challenge " was not sufficent grounds for them to revoke the ticket and thus the sum of £100 ponds still stands . They stated if i do not send them the money they will start legal proceeding against me . The letter intermated that "i was trying to pull a fast one " I have used this car park before and have always purchsed a ticket .. what can i do? .
bama
Scan wash and post all documents you have had from Excel

Now a few questions.

1) Title says they are starting legal proceedings on 1/10 - what does that mean ? is there a court date set, have you had offical (stamped) court papers ?

2) Your text says they say the 'will' start proceeding. have they or not ?

3) Do you work for Excel ?
Buuterflycollecter
Thank you for your reply ..

firstly i dont work for Excel!! thought this was an odd question.

I cant scan the letters as i dont have a scanner however the first letter thanked me for my recent letter and stated that they are in the process of looking into the matter . It goes on to say in view of my letters content they have placed the notice on hold pending further investigations . It then stated they will contact me in due course.

The second letter informs me that after careful consideration of the circumstances , they dont have sufficent grounds to cancel the charge .

It then goes on to state they understand my concern about recieving the notice however it is entirely the motorists responsibility to satisfy themselfes before leaving the vehical , that they are not contravening any regulations . stating ...

.. On the day in question a Pay and display ticket was not clearly visable when the contravenening occurred. therefore the notice is correct.

.. it goes on to say about signage being clearly visable (which it was)

It quotes my letter " i was infact unable to purchase a display ticket due to the fact that the parking meters were covered over with plastic bags"

then goes on to say the parking attendent had made no comment about this issue and from further investigation showed that infact there were no reports of a fault on the machines.. therefore the notice will stand.

It states that if £100 is not recieved within there office on the 1/10/2007 , failure to comply will result in the issues of court proceedings wherby further costs will be incurred
bama
read the private parking sticky. you have admitted parking there but their only possible recompense is the price of the parking ticket you did not pay. the 100 quid is unenforceable. By asking for it they are making a mistake. the sticky will tell you why. Post back after you have assimilated the sticky,
Buuterflycollecter
i have read the sticky several times and understand that the onuis is on the landowner , however what if excel act as thier agent ....

what do i do .. write to them offering the price of the unpaid tiaket £2.00 , ignore it .....
andy_foster
IMHO, you owe them the price of a P&D ticket - £2.00.
The fact that you could not pay at the time does not alter that.

If this goes to court, I would expect the court to find that you owe them money (the £2), so you would get hit for costs, unless you had previously offered to pay that sum.
nimh999
QUOTE (Buuterflycollecter @ Sun, 30 Sep 2007 - 09:18) *
what do i do .. write to them offering the price of the unpaid tiaket £2.00 , ignore it .....
Yes
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