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Author Topic: Excel Parking  (Read 4128 times)

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Filo

  • VSC Member
  • Posts: 30157
Excel Parking
« on October 26, 2012, 10:53:17 am by Filo »
As of 16th October  2012, Excel Parking and their mates Roxburghe debt collectors have been suspended by DVLA from accessing their Data for 3 Months, anyone that has got one of these "fake" parking fines from these cowboys after that date will have had their data collected illegally, before that date then still just ignore them, they are not enforceable and are just an invoice disguised as a parking ticket, the only parking tickets that are enforceable by law are ones issued by the Council or the Police!



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mjdgreg

  • Forum Member
  • Posts: 1721
Re: Excel Parking
« Reply #1 on October 26, 2012, 05:20:17 pm by mjdgreg »
Vehicle Control Services are another bunch of crooks doing the same thing with Roxburghe. Filo is right, just ignore the tossers no matter what date you were 'caught'. They will only get money if you are gullible enough to send it to them. Legally they haven't got a leg to stand on.

Filo

  • VSC Member
  • Posts: 30157
Re: Excel Parking
« Reply #2 on October 27, 2012, 10:52:28 am by Filo »
Vehicle Control Services are another bunch of crooks doing the same thing with Roxburghe. Filo is right, just ignore the tossers no matter what date you were 'caught'. They will only get money if you are gullible enough to send it to them. Legally they haven't got a leg to stand on.


VCS are an offshoot of Excel Parking, but are not currently banned by the DVLA, If Excel obtain your vehicle and registered keeper details they will have done it illegally through VCS, beware anyone who gets a ticket from these crooks!

Filo

  • VSC Member
  • Posts: 30157
Re: Excel Parking
« Reply #3 on October 27, 2012, 11:04:30 am by Filo »
Quote
Legal Enforceability of Private Parking Tickets

There is a great deal of doubt about the legal enforceability of private parking invoices that are issued to motorists. Unlike parking tickets issued by local authorities, which are backed by statute, the enforcement of private parking is essentially a matter of contract law. A private parking company needs to overcome many significant legal hurdles in order to be successful, which include:

    Establishing that any claim is under the law of contract, rather than the tort of trespass (see case of Excel Parking Services v Alan Matthews, Wrexham County Court, May 2009 where the parking company lost on this ground);
    Establishing that the parking company has sufficient interest in the land to bring a claim (see case of VCS v. HM Revenue & Customs, Upper Tax Tribunal, a binding decision at the level of the High Court) in which it was decided that unless the PPC has a proprietary interest in the land they are not able to offer contracts for parking;
    Establishing that all of the elements of a contract (offer, acceptance, consideration) are present;
    Except in England and Wales, establishing who the driver was on the relevant occasion, as any contract can only be enforced against the driver, who may or may not be the registered keeper of the vehicle;
    Establishing the prominence and adequacy of any warning signage, and that the driver actually saw and understood the signage (Waltham Forest v Vine [CCRTF 98/1290/B2]);
    Establishing that the amount claimed is not an unlawful “penalty”, including that there was no attempt to “frighten and intimidate” the driver (see well reported case of Excel Parking Services v Hetherington-Jakeman, Mansfield County Court, March 2008 where the parking company lost on this ground), and that charges must be a genuine pre-estimate of loss, or actual damages caused by trespass (see the Department of Transport's guidance on the Protection of Freedoms Act);
    Establishing that any contract does not fail foul of the Unfair Contract Terms Act and associated regulations


http://forums.pepipoo.com/index.php?s=99ccf05a5bf2980cbd840c5aa315c543&showtopic=46975

Filo

  • VSC Member
  • Posts: 30157
Re: Excel Parking
« Reply #4 on October 27, 2012, 12:30:25 pm by Filo »
Here`s a guide on how to deal with these Parking Crooks


http://forums.pepipoo.com/index.php?autocom=ibwiki&cmd=article&id=56

Viking Don

  • VSC Member
  • Posts: 2091
Re: Excel Parking
« Reply #5 on November 01, 2012, 12:15:28 pm by Viking Don »
And if you get one from the council just write a nice sob story letter to them to appeal it. Chances are you'll have it quashed without paying a penny. Just don't overdo it - there's only so many times you can get away with saying you broke your leg and had to wait for your estranged wife to agree to come and move the car.

Filo

  • VSC Member
  • Posts: 30157
Re: Excel Parking
« Reply #6 on November 08, 2012, 11:05:41 am by Filo »
Here`s another useful place to go if you happen to get one of these unenforceable tickets

http://forums.moneysavingexpert.com/forumdisplay.php?f=163

 

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