jonny k
Thu, 17 Jul 2008 - 17:39
I have done a fair amount of research on this site with regards to PCN's and there validity, so far I have ignored the PCN that I received from our friends Excel parking but today I have received the final demand which has the following on it,
FAILURE TO PAY WILL RESULT IN COURT ACTION, and failure to pay this notice will result on court proceedings being taken against you which may lead to a warrant being issued to the bailiffs to recover paymeny/seize goods if you fail to settle the full balance of the judgement.
I admit I was parked in 1 and a bit spaces, to firstly give enough space for my daughter to get out, and secondly prevent my car from being dented like it was the last time it was in this car park, the result of another cars door. This is the first time i have used the car park since Excel have been in control and if I'm honest was probably a bit naive in the there obvious nazi style tiny text procedures. Excel's signs are quite large but the only readable text on them whilst driving is the 3 HOURS MAX STAY, which can be seen as you drive past, but the rest is tiny and without endangering myself and more importantly my young daughter it is very difficult to get to read these signs as they are for the most part situated at the end of each row of parking about 8 feet up in the on lamp posts
This concerns me a little, what should I do next?
shall I pay the £100 or keep on ignoring?
Cheers
Jon
southpaw82
Thu, 17 Jul 2008 - 18:16
Umm... ignore them. You know it's unenforceable tosh so why are you thinking of paying it? Chin up old boy.
jonny k
Thu, 17 Jul 2008 - 18:48
Hi, thanks for the rapid response. TBH I have no intention of paying but I am a little concerned of the consequences if I continue to ignore it. I know it's bluff & bluster but it's quite intimidating to someone like me who is 99.9% law obiding and wouldn't say boo to a goose. My other half is also a little frightened about the bailiff element to it.
southpaw82
Thu, 17 Jul 2008 - 19:11
You're still law abiding - you haven't committed any offence.
Your other half is worried about bailiffs. Well, remind her that for a bailiff (as opposed to a debt collector) to take action you have to go to court, lose, not pay the judgment debt within the time set by the court (usually 14 days) and they have to get a warrant of execution. Never happened to my knowledge.
bama
Thu, 17 Jul 2008 - 20:15
QUOTE (jonny k @ Thu, 17 Jul 2008 - 19:48)
Hi, thanks for the rapid response. TBH I have no intention of paying but I am a little concerned of the consequences if I continue to ignore it. I know it's bluff & bluster but it's quite intimidating to someone like me who is 99.9% law obiding and wouldn't say boo to a goose. My other half is also a little frightened about the bailiff element to it.
Nothing will happen. Some of the letters in my collection say very explicitly that unless you pat within x days we WILL take court action.
and yet none of them have. In every case the PPC was ignored - as were the DCA letters.
Chewck through some of the many PPC threads here. You are safe.
It is scam and as you know how it works how can you allow toyself to be sucked in by these leeches.
jonny k
Thu, 17 Jul 2008 - 20:19
Thanks chaps, feel a little more at ease now. I know it's just threats and harassment and it works as it shits you up to some extent.
It's the bailiffs/DCA thats niggling me the most.
Will ignore this latest final demand and see what happens. I assume Excel are no different to any one else, such as have different "powers" etc
Adenuff
Thu, 17 Jul 2008 - 21:03
QUOTE (jonny k @ Thu, 17 Jul 2008 - 21:19)
Thanks chaps, feel a little more at ease now. I know it's just threats and harassment and it works as it shits you up to some extent.
It's the bailiffs/DCA thats niggling me the most.
Will ignore this latest final demand and see what happens. I assume Excel are no different to any one else, such as have different "powers" etc
You are quite right it is just threats and harrassment and Excel have no different powers. Debt Collection Agencies also do not have any powers- they are just companies who specialise in chasing "debts" and their weapon is persistence and your fear of the unknown. Whoever blinks first loses.
Bailiffs only come into the picture after a Court action. No court action means no bailiffs and guess what the chances of a Court action really are. You also have to remember that Court Bailiffs only chase
unpaid judgement debts. IF the worse came to the worst (which it wont) and you lost in Court you would simply pay up within the time given by the Court and thats it- no CCJ, no bailiffs, no damage to credit rating.
bama
Thu, 17 Jul 2008 - 21:34
Excel.
read this
http://www.dailymail.co.uk/pages/live/arti...in_page_id=1770and sleep easy.
they tried it on and got smacked.
jonny k
Mon, 18 Aug 2008 - 13:21
BTTT with this just had my 3rd letter, this time it's from ccscollect, stating the usual pap.
Just carry on ignoring them?
southpaw82
Mon, 18 Aug 2008 - 13:31
Er... yeah.
jonny k
Mon, 15 Sep 2008 - 15:09
BTTT again, just recieved my 4th letter this time it's from Charles Howard & partners solicitors giving me the spiel about not paying up to excel or ccs direct etc. Outlining pre court proceedings etc.
Still ignore? is there anyhing anywhere on this Charles Howard & partnersSolicitors?
dave-o
Mon, 15 Sep 2008 - 15:13
Charles Howard? Well in that case you should definitely give them all your money! You wouldn't want that Charles howard on your arse, cha'mone!
Or alternatively..... Ignore!
Barnsley Boy
Mon, 15 Sep 2008 - 15:28
QUOTE (jonny k @ Mon, 15 Sep 2008 - 16:09)
BTTT again, just recieved my 4th letter this time it's from Charles Howard & partners solicitors giving me the spiel about not paying up to excel or ccs direct etc. Outlining pre court proceedings etc.
Still ignore? is there anyhing anywhere on this Charles Howard & partnersSolicitors?
Charles Howard & Partners are not solicitors. If you look at the bottom of the letter you will see in very small print. "Charles Howard & Partners are a trading style of CCS Ltd". In other words they are CCS just using different stationery. Different paper, different ink, lots of bold and capitals are all pretty unsophisticated psychological devices to make you think that this time, THEY REALLY MEAN IT!
Don't be concerned, they don't, it's just the same old sh1t.
southpaw82
Mon, 15 Sep 2008 - 15:56
Do they actually say they're solicitors or have you assumed this?
jonny k
Tue, 16 Sep 2008 - 08:18
Read the letter properly when I got in last night, it was my other half who rang me in a panic which prompted me to post without waiting to read it lol.
Charles Howard & Partners, no mention of them being solicitors, I have a debt of £120 + costs £138, which will escalate if I don't pay immediatley, although the number to ring is the same as the number on the letter I received on the CCS letter.
I take they are the same company.
bama
Tue, 16 Sep 2008 - 10:34
yes - usual tripe from them.
jonny k
Wed, 17 Sep 2008 - 14:37
One thing I did come across though was this
Is this bollocks?What do you guys make of it? Scroll down to "The Extent of bad advice"
dave-o
Wed, 17 Sep 2008 - 15:25
Make of it? Well, "The extent of bad advice" would have been a better heading for the whole page really.
spanner345
Wed, 17 Sep 2008 - 15:27
QUOTE (dave-o @ Wed, 17 Sep 2008 - 16:25)
Make of it? Well, "The extent of bad advice" would have been a better heading for the whole page really.
Totally agree with dave-o.
I don't think southpaw has ever given incorrect advice, admitted no-one is perfect but the whole scenario on "bollox" website does not ring true.
dave-o
Wed, 17 Sep 2008 - 15:43
Quite, and the bottom line is this; CPS stand to make or lose lots of money depending on whether people believe them or not, whereas members here give their advice for free. CPS, therefore, have a vested interest in skewing the facts (or more truly, spreading lies) than we do.
bama
Wed, 17 Sep 2008 - 15:48
cps page is very poor IMV. they have their own in-house legal team allegedly.
IIRC the legally qualified posters we have here (the eagles under whose wings we all fly) ) have a poor opinion of the quality of Perky's advice.
Much written here (and elsewhere) about CPS. Before you trust them (though why anyone would think that any PPC was forthright is beyond me) ask yourself one simple question - how far can you throw them ?
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