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#Post#: 76153--------------------------------------------------
Money Owed Court notice - Unpaid PCN - No Clear Signage - Excel
Parking Bakers Street Pay & Display Uxbridge
By: gogo184 Date: June 12, 2025, 4:05 am
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Hi,
The driver got a PCN from Excel parking in Dec last year for
parking in a restricted bay but there was no restriction signage
board on that particular pillar where driver parked. Signage was
on next pillar and it was not clear if restriction was for the
whole area. See attached photo - there was no board on that
pillar where car was parked, but it's on the next pillar.
In my view there is not lawful and they do not have any legal
rights to issue charge notice because restriction conditions are
not clearly displayed. Moreover, they have put such boards on
that parking on random pillars in the whole parking lot. This
was Bakers street parking in Uxbridge.
Having appealed to them telling them restriction board was not
there on that pillar and with the board on the next pillar, one
would assume restrictions for those parking bays only, and not
for whole parking. But they dismissed the appeal with the reason
that appeal time has elapsed (travelling so couldn't appeal in
time). 1st Notice was received on 27th Dec and appealed was sent
on 31st Jan. As per notice, appeal should be filed within 28
days so it wasn't missed by million miles, just couple of weeks
late. The appeal dismissal reason seems to be bit BS, just
because appeal time has elapsed. The appeal was based on the
fact that it's not right and they shouldn't have issued the fine
as restrictions were clearly not displayed.
They have been sending reminders and usual threat letters since
then.
Fast forward today, registered owner has received a court notice
of money owed to them this week. Registered owner intends to
dispute it and put in the defence. This is BS that they are
going to court when they don't have any rights (in my opinion)
as they fail to display the conditions clearly.
Please can learned people on this forum advise me if I am right
or wrong in my thinking? And what should be the focus in defence
statement and what to include?
Registered owner will include all the photographic evidences
that were taken from their portal only and there is not a single
evidence showing restriction board on the pillar where car was
parked.
Many thanks for your help.
[attachment deleted by admin]
#Post#: 76159--------------------------------------------------
Re: Court notice for unpaid PCN by Excel parking
By: jfollows Date: June 12, 2025, 4:42 am
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I suggest you read
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/<br
/>and in particular you might not want to identify the driver in
your posts, as you have done, and post copies of paperwork such
as the original PCN sent and received.
These companies don’t care about “fairness”, they only care
about your credit card number, and often it’s necessary to close
them down on technicalities rather than any kind of appeal to
their sense of fairness.
#Post#: 76163--------------------------------------------------
Re: Court notice for unpaid PCN by Excel parking
By: DWMB2 Date: June 12, 2025, 4:54 am
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As above - in particular to offer any meaningful advice we'll
need to see the claim form as this forms the basis of Excel's
claim (redact the claim number and MCOL password). It would also
be useful to see exactly what you said in your appeal.
Assuming your car is the Audi, arguing the conditions were not
prominently displayed sounds like it might be an uphill battle
based on the limited evidence we've seen (photos of the rest of
the car park and its signage, including the entrance would
help), but there will certainly be other arguments that you can
make in your defence.
#Post#: 76176--------------------------------------------------
Re: Court notice for unpaid PCN by Excel parking
By: gogo184 Date: June 12, 2025, 5:48 am
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[quote author=jfollows link=topic=6773.msg76159#msg76159
date=1749721356]
I suggest you read
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/<br
/>and in particular you might not want to identify the driver in
your posts, as you have done, and post copies of paperwork such
as the original PCN sent and received.
These companies don’t care about “fairness”, they only care
about your credit card number, and often it’s necessary to close
them down on technicalities rather than any kind of appeal to
their sense of fairness.
[/quote]
Thank you and agree I should have read that post first. I have
now updated the post as per the guidelines. I hope they meet the
standards.
#Post#: 76177--------------------------------------------------
Re: Money Owed Court notice - Unpaid PCN - No Clear Signage - Ex
cel Parking Bakers Street Pay & Display Uxbridge
By: jfollows Date: June 12, 2025, 5:53 am
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It’s in your interest that we suggest not identifying the
driver, good, and on a technicality there is no register of
owners, you’re the registered keeper, which is not important
here but would be unwise to use the wrong term in future
correspondence.
#Post#: 76187--------------------------------------------------
Re: Court notice for unpaid PCN by Excel parking
By: gogo184 Date: June 12, 2025, 6:38 am
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[quote author=DWMB2 link=topic=6773.msg76163#msg76163
date=1749722062]
As above - in particular to offer any meaningful advice we'll
need to see the claim form as this forms the basis of Excel's
claim (redact the claim number and MCOL password). It would also
be useful to see exactly what you said in your appeal.
Assuming your car is the Audi, arguing the conditions were not
prominently displayed sounds like it might be an uphill battle
based on the limited evidence we've seen (photos of the rest of
the car park and its signage, including the entrance would
help), but there will certainly be other arguments that you can
make in your defence.
[/quote]
Thank you.
Attached is the claim form snapshot.
Re my appeal, unfortunately I do not have a copy of that. I
appealed on their portal, portal just sent an acknowledgement
and not the content. I have their response on my email.
I am gathering more evidences and photos from car park, signage
etc and will ask my friend to record a video (he lives nearby).
[attachment deleted by admin]
#Post#: 76188--------------------------------------------------
Re: Money Owed Court notice - Unpaid PCN - No Clear Signage - Ex
cel Parking Bakers Street Pay & Display Uxbridge
By: DWMB2 Date: June 12, 2025, 6:39 am
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Are Excel using external solicitors (if so, who?) or running the
claim themselves?
#Post#: 76189--------------------------------------------------
Re: Money Owed Court notice - Unpaid PCN - No Clear Signage - Ex
cel Parking Bakers Street Pay & Display Uxbridge
By: gogo184 Date: June 12, 2025, 6:49 am
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[quote author=DWMB2 link=topic=6773.msg76188#msg76188
date=1749728359]
Are Excel using external solicitors (if so, who?) or running the
claim themselves?
[/quote]
Sorry I thought that wasn't important and did not include in the
snapshot.
They are using external solicitors. Attached is that part of the
claim form.
ELMS LEGAL LTD
31 HANDLEY STREET
SLEAFORD
LINCOLNSHIRE
NG34 7TQ
[attachment deleted by admin]
#Post#: 76195--------------------------------------------------
Re: Money Owed Court notice - Unpaid PCN - No Clear Signage - Ex
cel Parking Bakers Street Pay & Display Uxbridge
By: b789 Date: June 12, 2025, 7:28 am
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To save everyone a lot of time and wasted effort, simply show us
the whole of the N1SDT claim form, redacting only your personal
details, the claim number and the MCOL password. You can leave
everything else visible, especial ALL dates and times, including
the date of issue.
#Post#: 76204--------------------------------------------------
Re: Money Owed Court notice - Unpaid PCN - No Clear Signage - Ex
cel Parking Bakers Street Pay & Display Uxbridge
By: gogo184 Date: June 12, 2025, 8:16 am
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Here we go.
Apologies for not sending the whole earlier.
[attachment deleted by admin]
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