MegaSack DRAW - This year's winner is user - rgwb
We will be in touch
Basically, Feb 2016 got a PCN for parking outside of markings which I disputed, appealed (and lost), then refused to pay. Heard nothing for a year then got a letter from their solicitors which I responded to saying see you in court if that's what they want else I will consider matter closed. 2 years down the line I now have another letter showing interest accrued etc and demanding payment or they will take me to court etc etc etc. Am going to respond again saying "see previous. See you in court if that's what you want." but am getting pissed off with this. Is there anything I can do (other than pay them) to put this to bed one way or another?
Cheers.
Not what you want to hear but id be of a mind to pay them the original fine, to make them go away. Everyone you have come up against has disagreed with you, what makes you think court will help?
Will see if I can link the photos in a bit. The markings are far from distinct. Pretty sure I have a decent argument. Don't trust the appeals process at all.
Sounds you you are in a 'who blinks first' situation. How much are you willing to stake on not having to pay whatever the original fine was? how much could your/your opponents legal fees run to if you lose? Given how many outs they've given you/chances you've had, I imagine you'd be in for a shoeing if you lost.
I guess it depends on how much the original charge was as to what I'd do
IANAL
Nope, they have 6 years in which they can raise some sort of civil case against you so there's no way they're going to let you off the hook before then.
However it sounds like they have no plans to actually do anything so can't you just tolerate the yearly letters?
IANAL, ask on Pepipoo.
Is it from a local authority? Just pay it.
No. Its a private Co (Excel parking). They say it's either £160 now or £225 if I loose in court. Worth the £65 risk to fight it. Its a Letter Before Claim they've sent this time.
Does that £225 include everything, if you lost, or would you have to pay their, and your if you have them, solicitors fees too?
Will see if I can link the photos in a bit. The markings are far from distinct.
You say you appealed already (and lost), was that just to them or to POPLA? If the latter and they've considered your marking contention and still found against you, then I can't imagine court would disagree. The PPCs are frequently sheisters for sure but unfortunately since Beavis vs Parking Eye they have a lawful right to issue penalties for overstaying / illegal parking and assuming they've already paid out for the POPLA (which they fund) I wouldn't be surprised to see them pursue you as far as they need now they've won that challenge.
If it were me I'd settle asap before it escalates.
Did they issue a Notice to Keeper and have they complied with POFA?
Letter before claim is usually the one you don’t ignore.
And who did you appeal to?
The appeal was through the Independent Appeals Service, not POPLA if that makes a difference.
The £225 includes their costs. I would self represent as if I'm going to loose I don't want to loose too much!
Don't know about Notice to Keeper. Think so but all the paperwork is at work.
RE POFA, don't know. Will have to read up on it but I think they know I was the driver as couldn't appeal to IAS without disclosing.
Not planning on ignoring BTW. I have responded to every letter from them, their solicitors and the debt collectors promptly. Any delays and stringing it out for 3 years has been on their part.
The IAS are basically corrupt and run by a pair that also run a private parking company IIRC. They have a reputation for refusing almost all appeals regardless of how strong the appeal is
Unless you get court papers (they will be form Northampton court) ignore everything.
Go and have a search on pepipoo for exel cases. And read up on what to do if a court claim comes through.
The IAS are basically corrupt and run by a pair that also run a private parking company IIRC. They have a reputation for refusing almost all appeals regardless of how strong the appeal is
Unless you get court papers (they will be form Northampton court) ignore everything.
That was essentially my take on it hence only paying them if a judge makes me. RE Northampton, if they actually serve me will I have to go there or will it be my local court?
And back to my original question, can they just hassle me once a year in perpetuity or do they have to put up/shut up at some point?
As above, 6 years.
Northampton is just the clearing centre for all these type of claims, you would be able to request a local court.
I think they can only bring proceedings up to 6 years after the event but I’m really not sure on that.
Watching this thread with interest as I,m in a similar position.
Back in early 2015 I was parked at work. The landowner (my boss at the time) had given me a permit which had slipped down out of view. I then get a ticket from the private parking company he employs. The landowner calls them on my behalf and tells me "don't worry about it, it's sorted"
I get a PCN anyway, and for the next four years I get sporadic letters which I ignore. Then yesterday get a 'Letter Before Claim'. Not sure whether to carry on ignoring or prepare some sort of defence...
Start a thread on money saving expert, lots of people on there who are willing to help you though the process and will advice if it's worth fighting or not.
I went to court over an Excel parking ticket and due to their paperwork not meeting the required standard won my case with help from MSE.
Don’t just start a thread on MSE - read all the FAQs first!
Come back here with questions if you need to.
+1 for looking at some of the dedicated forums, but if they haven’t taken you to court after this length of time, that strongly suggests they never will.
I was in a similar situation and stressed myself out sending carefully worded letters which made no difference. Eventually I decided to take a punt and just ignore them and got no more letters...
.