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FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
milouk
Hi all,

Was wondering if I could ask your advice on a standard first letter from Excel Parking that I received about a week ago.

Its used the standard threatening language "DO NOT IGNORE", "NOTICE OF OWNER OF INTENT TO ISSUE COURT PROCEEDINGS" etc asking me to pay £100 for overstaying at a car park. I'll scan (and block out the personal information) it in if you're interested in seeing it, but I'm sure you all know what these look like by now happy.gif

I've read all of the advice on these forums and found it extremely useful, but I've never been involved with courts before and to be honest it is all a bit scary! It is CLAIMING that I, the owner, owe them £100 for a 10 minute overstay. My question is whether they can try and take court action against me if I send them a letter indicating that I was not the driver at the time and refuse to name him/her? How likely will they be to pursue this? Having searched the forums and read a few articles online it seems Excel is one of the only operators that seems to be willing to actually take this the full way...other PPCs seem happy to send a few intimidating letters from various solicitors and "debt recovery" agents and then give up, but I'm not so sure about Excel. If Excel cannot prove that I was the driver at the time how far can they take this?

Can anyone give me advice?

Thanks, it is REALLY appreciated.

Milouk
dave-o
QUOTE (milouk @ Fri, 9 Apr 2010 - 14:09) *
I've never been involved with courts before and to be honest it is all a bit scary!



...and you won't be involved with courts due to this!

It's bluff and bluster, designed to intimidate you into giving them you rmoney.

When dealing with "tickets" from private parking companies (PPCs) our advice is to ignore them. For more information about this recommendation and private parking companies, click this link.
milouk
Thanks for your fast reply Dave-o. Just wondering then, if they are generally unenforceable, why do PPCs both even trying to take people to court over things like this? I know in many cases they give up, but they do try with some...

If I just ignore all letters they send, I won't ever get a court summons arriving in my letterbox then?

Thanks again wink.gif

Milouk
dave-o
They have tried a few times, and had the odd rogue result. Your chances of getting real court papers are still thousands to one. If you were to get papers, people here would provide you with a defence that would send them packing (they are hoping that you either don't submit a defence or haven't got good advice - you have).

Excel are now very shy of trying it on in court, having been publicly spanked a few times!

Excel spanked in Court:
http://www.chad.co.uk/news/Judge-says-Exce...ines.3903396.jp

Excel spanked again:
http://www.sheffieldtelegraph.co.uk/letter...king.4690581.jp
milouk
Dave-o you're a true gent for putting my mind at rest! Thanks very much. That second link was particularly interesting - that Excel themselves didn't suffer loss and thus invalidated the alleged contract.

You've made my day so thanks very much pal, will keep this thread updated with any additional proceedings!

Milouk.
Gan
PPCs will rarely take someone to court because the publicity when they lose messes up the business plan.

What happens more often, but still very uncommon, is to bring a claim against someone they think will pay up rather than risk court.

Sending the letter that you suggest is vey risky. It confirms that you exist and, on the rare occasion that a PPC or clamper has won, the decision involved a driver caught telling porkies more often than the legal merit of the case.
Roverboy
Silence to them on your part is also good as for all they know, you could be a Copper, high court judge, or worst of all for them, Southpaw !!!!!! wink.gif

And the last people they want in court would be any of the above !!!!!! laugh.gif
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