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UK-Justice
UK-Justice, Barrister
Category: UK Traffic Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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Excel Parking sent me a PCN along with pictures of my car parked

Resolved Question:

Excel Parking sent me a PCN along with pictures of my car parked in their car park. I was not the driver of the car at the time but I can’t prove that.

Since then they have sent a Final Demand, then a Notice of Intent to Issue Court Proceedings and sometime later I received a letter from Roxburghe Debt Collectors stating that they have been instructed to pursue the matter. Roxburgh continue to say that the matter will be passed to their solicitors if they don’t hear from me within ten days and refer me to the Civil Procedure Rules part 31, specifically parts 31.16 and 31.17.

I have since received a letter from Graham White Solicitors stating that they have been instructed to recover the amount shown below – about £300.00 when including their costs, judgement costs etc. They also stated that any Judgement against me could affect my chance of credit in the future – presumably they mean if I have a CCJ to my name. Their letter ends with them asking me to contact the debt collectors on receipt of the letter.

The first notice from Roxburgh was in November 2011, the letter from Graham White is dated April 2012.

Do Excel Parking have the right/authority to enforce the PCN even if I wasn’t the driver of the car at the time?
Submitted: 4 years ago.
Category: UK Traffic Law
Expert:  UK-Justice replied 4 years ago.
Thanks for your question. Please remember to click ACCEPT once you get my answer.

You should ignore this.

These tickets are not enforceable

If it ever went to Court they would have to show:

1) you were the driver
2) you had a contract with them
3) you agreed to their terms
4) they suffered a loss

You will get lots of automated letters but then they will just stop.

These tickets can not be enforced and you should NOT respond.

Please remember to click accept so that I am credited for my time. Thank you.
Customer: replied 4 years ago.
1) you were the driver; what if they have photos? My brother looks exactly like me so I can't prove that it was not me
2) you had a contract with them; have been to the car park since and there are signs everywhere, some stating that by entering "you are entering into a contract ....."
3) you agreed to their terms; again, by entering am I not agreeing to their terms?
4) they suffered a loss; their loss of income doesn't count as a "loss" presumably?

Better not to respond at all or to reply to state that I was not the driver?
Expert:  UK-Justice replied 4 years ago.
1) They wont have photos - not that sophisticated

2) You have NO CONTRACT

3) No

4) They have not lost any income.

Dont respond at all.

Please remember to click accept so that I am credited for my time. Thank you.
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