HELP!!! Parking Fines
Discussion
I recived a parking fine on the 2nd of Dec 2007, i appealed the following day via e-mail as there phone lines just ring and ring, ive now had a letter saying ive lost my right to appeal, but i have appealed, i also have there recipt of e-mail, pls find all my correspondece below and all help will be greatly recived
matt
matt
Edited by The Tea Boy on Tuesday 8th January 10:21
Edited by The Tea Boy on Tuesday 8th January 10:27
What a bunch of 
s. Send them a copy of their automated acknowledgement email. there is all they can do. Although their latest letter sounds scary it is not. you may have shot yourself in the foot with your letter to them as it indicates you were the driver of said vehicle. their contract is with the driver and as such have to prove who that is.
edited for missing letters out under a parking fine induced rage.
s. Send them a copy of their automated acknowledgement email. there is all they can do. Although their latest letter sounds scary it is not. you may have shot yourself in the foot with your letter to them as it indicates you were the driver of said vehicle. their contract is with the driver and as such have to prove who that is. edited for missing letters out under a parking fine induced rage.
Edited by Burgmeister on Tuesday 8th January 11:16
Yes you can appeal, but you'll only be appealing to the Clamping Company anway, so what's the point? Who grants this "seven days" appeal timescale? It's utter legal nonsense. These people are total cowboys!
You had a 100% cast iron guaranteed get out of jail card but unfortunately I think you've probably blown it by sending your somewhat ill-advised email. You've made the huge mistake of acting in good faith and completely honestly but in complete ignorance of the law of contract. Sorry. As Burgmeister says, you simply reply to the scoundrels telling them that they need to address the correspondence to the driver and that you are simply the registered keeper of the vehicle. They will write to you threatening all sorts to name the driver. You simply reply that you are under no legal obligation to do so and it is they who must prove who the driver is. There's a good template letter on SP&L somewhere, I'll see if I can find it.
You had a 100% cast iron guaranteed get out of jail card but unfortunately I think you've probably blown it by sending your somewhat ill-advised email. You've made the huge mistake of acting in good faith and completely honestly but in complete ignorance of the law of contract. Sorry. As Burgmeister says, you simply reply to the scoundrels telling them that they need to address the correspondence to the driver and that you are simply the registered keeper of the vehicle. They will write to you threatening all sorts to name the driver. You simply reply that you are under no legal obligation to do so and it is they who must prove who the driver is. There's a good template letter on SP&L somewhere, I'll see if I can find it.
The Tea Boy said:
Hey thank everyone, but i dont seem to be able to find an adress to reply to this other than the payment office, is it worth jus sending to that address? or should i just ignore them?
matt
Do NOT ignore them... I would just send them a copy of their acknowledgement receipt at this point and ask them what's happened to the appeal and why have they sent you this without dealing with the appeal.matt
PS, your initial appeal was crap
TheGriffalo said:
The Tea Boy said:
Hey thank everyone, but i dont seem to be able to find an adress to reply to this other than the payment office, is it worth jus sending to that address? or should i just ignore them?
matt
Do NOT ignore them... I would just send them a copy of their acknowledgement receipt at this point and ask them what's happened to the appeal and why have they sent you this without dealing with the appeal.matt
PS, your initial appeal was crap
Do you mean dont ignore them now a dialogue has been entered into or do you mean dont ignore them as a general rule?
What can they do if you do ignore them (assuming no dialogue prior to demand)?
Plotloss said:
TheGriffalo said:
The Tea Boy said:
Hey thank everyone, but i dont seem to be able to find an adress to reply to this other than the payment office, is it worth jus sending to that address? or should i just ignore them?
matt
Do NOT ignore them... I would just send them a copy of their acknowledgement receipt at this point and ask them what's happened to the appeal and why have they sent you this without dealing with the appeal.matt
PS, your initial appeal was crap
Do you mean dont ignore them now a dialogue has been entered into or do you mean dont ignore them as a general rule?
What can they do if you do ignore them (assuming no dialogue prior to demand)?
Plotloss said:
TheGriffalo said:
The Tea Boy said:
Hey thank everyone, but i dont seem to be able to find an adress to reply to this other than the payment office, is it worth jus sending to that address? or should i just ignore them?
matt
Do NOT ignore them... I would just send them a copy of their acknowledgement receipt at this point and ask them what's happened to the appeal and why have they sent you this without dealing with the appeal.matt
PS, your initial appeal was crap
Do you mean dont ignore them now a dialogue has been entered into or do you mean dont ignore them as a general rule?
What can they do if you do ignore them (assuming no dialogue prior to demand)?
£500 sovs to you gov!
ETA it's a third party company so they might not win (contract law getout) but it's always a bad idea to play ostrich games in these situations
Edited by TheGriffalo on Tuesday 8th January 15:11
The Tea Boy said:
Hey thank everyone, but i dont seem to be able to find an adress to reply to this other than the payment office, is it worth jus sending to that address? or should i just ignore them?
matt
Whats the worst that is going to happen if you ignore it?matt
You can guarantee that they will send a couple of nasty letters.
The very worst that will happen will be that they will actually take you to court - which is highly unlikely.
In court you deny you were anywhere near a 'car park' as accused. Court asks for evidence of the 'contract' involved and your car was in a car park.
They don't have it, case dismissed.
Also,
Anyone noticed that their 'Parking Charge Notice' is very similar to the official 'Penalty Charge Notice' but not quite...
It is not a co-incidence. They do this to seem official - of course, their email address is the 'Central Payments Office'. Thats someones back bedroom.
What may happen is you might get a 'solicitors letter' from a pseudo-address or PO BOX asking for the money again, but that will be the same guy that runs the 'Central Payments Office'.
Again, chances of this getting to court is highly minimal. It is easier from these thugs and cowboys to scam someone else than it is to put a sharp suit on, prepare a case and come to court. In *any* case the chance of them winning a court case is also very debatable.
Anyone noticed that their 'Parking Charge Notice' is very similar to the official 'Penalty Charge Notice' but not quite...
It is not a co-incidence. They do this to seem official - of course, their email address is the 'Central Payments Office'. Thats someones back bedroom.
What may happen is you might get a 'solicitors letter' from a pseudo-address or PO BOX asking for the money again, but that will be the same guy that runs the 'Central Payments Office'.
Again, chances of this getting to court is highly minimal. It is easier from these thugs and cowboys to scam someone else than it is to put a sharp suit on, prepare a case and come to court. In *any* case the chance of them winning a court case is also very debatable.
If you can confirm that the Company have not been subcontractyed by LA enforcement on Parking and it sounds as if they have not because they have not the Appeal System at Law then if you can raise the Pepipoo site (down to me at the moment) then do a search to locate an article "Private Parking Companies - A guide to an effective defence" or
Article - Private Parking Companies/Charges (everything you need to know)
You will without doubt find it most interesting.
STOP PRESS STOP PRESS STOP PRESS
Back up again go to
http://tinyurl.com/2hr37d
Pity but it would seem you have given them vital information i.e. ID of driver, for them to proceed to County Court for a judgement. Whether they are prepared to do so - who knows.
Read the article as suggested but in the meantime DO NOT complete and return the Notice to Owner dated 2.1.08. They want a SIGNED admission which an E Mail is not.
dvd
[
Article - Private Parking Companies/Charges (everything you need to know)
You will without doubt find it most interesting.
STOP PRESS STOP PRESS STOP PRESS
Back up again go to
http://tinyurl.com/2hr37d
Pity but it would seem you have given them vital information i.e. ID of driver, for them to proceed to County Court for a judgement. Whether they are prepared to do so - who knows.
Read the article as suggested but in the meantime DO NOT complete and return the Notice to Owner dated 2.1.08. They want a SIGNED admission which an E Mail is not.
dvd
[
Edited by Dwight VanDriver on Tuesday 8th January 15:50
You may also want to check out: http://www.parkingappeals.co.uk/
This is run by Neil Herron who has a wonderful blog here: http://neilherron.blogspot.com/
This is run by Neil Herron who has a wonderful blog here: http://neilherron.blogspot.com/
The Tea Boy said:
ok guys thank again (even for the crtisism about crap appeal 
) what do you think to the advice on letters given here clicky
matt
I am a member of that group for another issue. The MO there is to dig in and keep asserting your right no matter how long it takes against the big corporations.) what do you think to the advice on letters given here clickymatt
To be honest, have a look at the correspondence of these cowboys. See how many times it prompts or forces you to give them your details and your full postal address.
Without that they would have probably given up already, but now you are lassooed they can hit you with the bullying letters which people usually think are official.
Ignore it and they will realise they are wasting their time. You have appealed in a legally correct way. They are pretending to be a council-run outfit by putting in needless beurocracy. Authentic as this may be its all BS.
Ignore, and it will go away.
JustinP1 said:
The very worst that will happen will be that they will actually take you to court - which is highly unlikely.
I thought they never actually took these things to court as they're screwed if they lose?JustinP1 said:
In court you deny you were anywhere near a 'car park' as accused. Court asks for evidence of the 'contract' involved and your car was in a car park.
They don't have it, case dismissed.
If they did take it court, and ignoring the OP's letter, then what if they produced a photo, or 2 witnesses? Remember this would be a civil case, so proof is balance of probabilities.They don't have it, case dismissed.
Edited by Deva Link on Tuesday 8th January 15:47
Just done a quick CH lookup:
Name & Registered Office:
VEHICLE CONTROL SERVICES LIMITED
356 OMEGA COURT
CEMETERY ROAD
KENWOOD PARK
SHEFFIELD S11 8FT
Company No. 02498820
Company Type: Private Limited Company
Nature of Business (SIC(03)):
6321 - Other supporting land transport
I love the idea that a clamping company can be considered to be "supporting" land transport!!
Name & Registered Office:
VEHICLE CONTROL SERVICES LIMITED
356 OMEGA COURT
CEMETERY ROAD
KENWOOD PARK
SHEFFIELD S11 8FT
Company No. 02498820
Company Type: Private Limited Company
Nature of Business (SIC(03)):
6321 - Other supporting land transport
I love the idea that a clamping company can be considered to be "supporting" land transport!!
Deva Link said:
JustinP1 said:
The very worst that will happen will be that they will actually take you to court - which is highly unlikely.
I thought they never actually took these things to court as they're screwed if they lose?JustinP1 said:
In court you deny you were anywhere near a 'car park' as accused. Court asks for evidence of the 'contract' involved and your car was in a car park.
They don't have it, case dismissed.
If they did take it court, and ignoring the OP's letter, then what if they produced a photo, or 2 witnesses? Remember this would be a civil case, so proof is balance of probabilities.They don't have it, case dismissed.
Edited by Deva Link on Tuesday 8th January 15:47
With regard to a possible case, I seriously doubt the company have grounds anyway, but their proof hinges on what the OP has been accused of doing. He has been accused of parking in a car park. He wasnt.
I think they are stuffed IMHO.
The Tea Boy said:
Hey thank everyone, but i dont seem to be able to find an adress to reply to this other than the payment office, is it worth jus sending to that address? or should i just ignore them?
matt
Whois Recordmatt
Domain name:
wheel-clamping.co.uk
Registrant:
Excel Parking Services Limited
Registrant type:
UK Limited Company, (Company number: 2878122)
Registrant's address:
356 Omega Court
Cemetery Road
Kenwood Park
Sheffield
South Yorkshire
S11 8FT
GB
Seems they are not so popular:
http://news.bbc.co.uk/1/hi/uk/6938572.stm
And
http://www.lawanswers.co.uk/questions/excel-parkin...
Edited by peterguk on Tuesday 8th January 17:33
Edited by peterguk on Tuesday 8th January 17:34
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