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Excel parking: how to appeal a parking charge notice

by Murdo Maguire last modified 2007-02-15 06:38

I returned to my car from shopping to find a parking ticket issued by Excel parking. It has code 20 on it which is not parked correctly within the markings. My offside wheel was on the line with approximately 2mm of tyre over the line. It was like this because of the car next to me on the nearside being too close. I took pictures with my phone of how my car was parked and also the car on my nearside that had completely straddled the line but had no ticket. How should I defend my case?

As you will see elsewhere on the Roadside Lawyer website, Excel Parking takes every opportunity possible to issue its Parking Charge Notices and their appeals process is a sham whereby you ask them whether they want to charge you or not (duh).

Their fees (they prefer fines) are attempted to be imposed under civil law under which they allege you broke a contract with them. The only way these tickets are enforceable is by their winning a claim in the County Court.

The reality is that they rely on gullible people paying up on their tickets long before the case gets near a court and basically the whole collection process largely relies on bluff and bluster.

If you don't pay you face a barrage of letters claiming an ever increasing "fine".

Our current view is to advise Excel at the earliest opportunity that you will not pay and you will seek to contest their "fine" in court, demanding they issue proceedings against you in the County Court within 14 days or cease and desist in making any further contact on the matter.

If they do issue, usually at a cost of £30 to them, you will be offered the opportunity to defend yourself in writing to the court using the photographs you have taken. You must file a defence if they issue proceedings so as to preventing them obtaining a judgement by default. There is no cost to you in filing a defence.

If they don't issue then you would be entitled to regard further contact as harassment and have the opportunity of threatening them with the police.

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