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#Post#: 129083--------------------------------------------------
Re: Unpaid toll charge - debt recovery
DIR By: Jackisback123
Date: August 28, 2026, 2:57 am
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--- Quote from: InterCity125 link ---
>
> I take your point but one would have to ask the question, how
does Excel Parking become the creditor in any action?
>
--- End Quote ---
I would say Article 8(3) of the Order
HTML https://www.legislation.gov.uk/uksi/2024/630/article/8/made:
> MSCC may appoint any person to collect tolls or charges as its
agent.
Don't get me wrong, there are a number of issues with this whole
scheme*, but the keeper only being liable criminally IMO is not
correct.
* E.g. Article 8(4) states:
> The person by whom tolls under this Order and penalty charges
imposed in connection with this Order are payable in respect of
a motor vehicle is the registered keeper.
There is a separate argument as to whether the UTCs are Penalty
Charges. I think they are not.
If they are not: then the keeper on the face of it cannot be
liable for them because the Order only makes the keeper liable
for tolls and penalty charges.
If the are: then there is a failure to offer adjudication etc in
accordance with the penalty charges legislation.
E.g. 2: The deadline on the signage does not match the byelaws.
#Post#: 129143--------------------------------------------------
Re: Unpaid toll charge - debt recovery
DIR By: InterCity125
Date: August 29, 2026, 1:56 am
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Like you, when I read the byelaws I also found contradiction.
I got the distinct feeling that the last section of the byelaws
was 'tacked on' possible by the parking company. The wording was
very awkward.
#Post#: 129144--------------------------------------------------
Re: Unpaid toll charge - debt recovery
DIR By: Jackisback123
Date: August 29, 2026, 4:11 am
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Yeah, it's not been drafted very well at all.
8(4) I think is copied from the Mersey legislation, but that is
a proper penalty charge scheme.
#Post#: 129210--------------------------------------------------
Re: Unpaid toll charge - debt recovery
DIR By: InterCity125
Date: August 31, 2026, 2:54 am
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HTML https://www.thetimes.com/article/932c4d6e-4ea5-46c3-97ca-9765be52b511?shareToken=ec7a0e2888da096d4a4ddfc9e69dd04d
#Post#: 129243--------------------------------------------------
Re: Unpaid toll charge - debt recovery
DIR By: tincombe
Date: September 1, 2026, 4:10 am
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OP, I have received an Unpaid toll notice...
Which we have yet to see!
PL post this because we must see what it says. Only redact
personal info.
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