Excel Parking "Fine" Peel Centre Stockport Excel Parking "Fine" Peel Centre Stockport
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  1. #1

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    Default Excel Parking "Fine" Peel Centre Stockport

    Got one of these Parking Charge Notices in the post yesterday and was just like

    How can these morons get away with posting out such tulip? I would imagine some naive people would fall for these loo paper standard prints. Even my old Epson printer from 15 years ago prints better than that!

    Will be sending them a nice threatening letter today

  2. #2

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    Quote Originally Posted by NorthWestPerm2Contr View Post
    Got one of these Parking Charge Notices in the post yesterday and was just like

    How can these morons get away with posting out such tulip? I would imagine some naive people would fall for these loo paper standard prints. Even my old Epson printer from 15 years ago prints better than that!

    Will be sending them a nice threatening letter today
    See them in court.
    The material prosperity of a nation is not an abiding possession; the deeds of its people are.

    George Frederic Watts

    http://en.wikipedia.org/wiki/Postman's_Park

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    Quote Originally Posted by speling bee View Post
    See them in court.
    Trust me it won't get to that.

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    They won't reply for a year, to try to catch you off guard. Then they'll just say sorry, we want the dosh.

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    Quote Originally Posted by SpontaneousOrder View Post
    They won't reply for a year, to try to catch you off guard. Then they'll just say sorry, we want the dosh.
    Not when they get this letter:



    Dear Excel Parking,

    PCN number XL0800XXXX
    As the registered keeper, I have received your parking invoice which of course, I decline your invitation to pay. I wish to invoke your appeals process, since all liability to your company is denied on the following basis:

    1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
    2) Your signage does not comply with your ATA Code of Practice and was not sufficiently prominent to create any contract
    3) You are not the landowner and do not have the standing to offer contracts nor to bring a claim for trespass

    Please issue your standard cancellation letter or a specific, detailed rejection letter. If you choose to send the latter, it must state:

    - the legal basis of your charge (i.e. breach, trespass or contractual fee?) as your signage was not seen/accepted by the driver and your recent Notice failed to make the basis of the charge clear. As keeper, I cannot be expected to guess the nature of the allegation.

    - if alleging breach of contract, with your rejection letter I require a breakdown of the liquidated damages suffered, and by whom, and when this calculation was determined and how this particular 'loss' arose. Please also explain how/why you charge a fixed sum no matter whether the alleged contravention was trivial or more serious and how that can amount to a genuine pre-estimate of loss.

    - if alleging trespass please enclose evidence of the perpetrator and proof of the liquidated damages alleged and the calculation of this sum.

    - if alleging 'contractual fee' I require that you now send me a VAT invoice by return and explain the daily rate for parking and service provided for the fee. Failure to provide this information and a VAT invoice now that I have requested it, will be considered evidence that this was not in fact a genuine offer to park for a fee and is merely a penalty which is not recoverable in contract law (as found by Mr Recorder Gibson QC, on appeal at Luton County Court in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014).

    Take formal note:

    (a) Your unsupported, unsolicited invoice and any further letters if you persist, will constitute harassment. If you continue, your contact and that of any agent will be deemed a 'serious and persistent unwarranted threat' as found by Lord Justice Sedley in Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) and I reserve the right to take the matter further. You have been informed that I consider this to be harassment so any decision to send further letters rather than cancel the invoice will reinforce the evidence of your persistent unwarranted threat and you may be required to justify your actions in court.

    (b) Any obfuscation on your part, such as pretending I have to name the driver, alleging I am too late or unable to appeal as keeper or requiring more evidence when clearly I have already set out my full challenge for this stage, will be reported to the DVLA and to your respective ATA, as a sanctionable breach of your Code of Practice.

    (c) If you reject my challenge and insist upon taking the matter further I must inform you that I may claim my costs from you and my time at the court rate of £18 per hour. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses and legal fees as well as liquidated damages for distress arising from harassment.

    By continuing to pursue me you hereby accept liability to pay my costs when I prevail and you acknowledge and imply full understanding of the above.

    Yours,

    {My name}

  6. #6

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    They will just pretend they never received it and try again.
    "You’re just a bad memory who doesn’t know when to go away" JR

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    Quote Originally Posted by SueEllen View Post
    They will just pretend they never received it and try again.
    When I send it by recorded delivery?
    "To Learn who rules over you, simply find out who you are not allowed to criticise"- Voltaire

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    Quote Originally Posted by SueEllen View Post
    They will just pretend they never received it and try again.
    That is where signed for delivery comes to help. Isn't it? On a second thought, how do you prove the content of the mail? Do you go through a solicitor?

  9. #9

    bored now

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    is that the current recommended letter? and who is recommending it...
    merely at clientco for the entertainment

  10. #10

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    This is how you do it:

    Excel Parking Fine – Appeal won!

    Excel Parking Fine – Appeal won! | Jonathan Welford


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