More dodgy parking practices from Excel Parking Services Ltd

I went into Chesterfield and parked in a car park where I know that I am entitled to one hour free parking there. I came back to my car within the hour to find a parking attendant writing out a ticket. On examining the ticket I noticed he had written my arrival down as 10-15, when in fact I had not arrived at the car park until 10.39. I explained to the attendant that it was impossible for me to have got to the car park for 10.15, as I hadn’t even left my house at that time. I had also called at a petrol station on my way and have a receipt for my petrol, which shows I was at the petrol station at 10.24. He was adamant that he had seen me arrive at 10.15. and would not back down from this claiming that he had my car on film - which he later admitted was not true. The attendant seemed quite happy that it would be his word against mine, and that his word would be taken over mine, even though I could prove I was elsewhere at the time. IO appealed the ticket to the company Excel Parking Services of Sheffield five months ago and have received a letter saying my appeal has failed and I must pay £40 in six days or pay £100 in court. Can you advise?

This is not a parking ticket issued by a local authority warden nor indeed is it issued by a traffic warden. Excel are a private company which deliberately attempts to pass off its "Parking Charge Notices" to look like a Penalty Charge Notice which is a ticket issued by a local authority parking attendant and can be enforced by the civil court.

Excel attempts to enforce Parking Charge Notices under civil law. You seem to indicate you are permitted to park in this are for one hour. By parking there it could be argued that you had entered into a contract with them not to park there for longer than an hour, and had you done so a charge (to the value of the ticket) could be imposed. By a motorist paying the "ticket" he is not paying a "fine" but actually in law accepting an invitation to settle out of court.

In your particular circumstances as you clearly stayed there under an hour you have not breached any contract you may or may not have had with Excel and the charge is unenforceable. Given the evidence you have provided, including receipts to show you were elsewhere, any court would find in your favour. The company frequently comes close to and occasionally crosses the line of breaking criminal law itself by presenting its tickets as "official" and parking transgressions as offences.

You should write to Excel informing them of your position and absolutely refuse to pay and invite them to proceed direct to court if they wish to.

I would not worry too much about your "appeal" being refused under Excel's Appeals Procedure as this is carried out by Excel themselves.

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