SHsheff Posted August 19, 2006 Share Posted August 19, 2006 Courts cannot take the common-sense view that a person is disabled — even if they arrive in court in a wheelchair or two sticks. Before you can get a Disabled Badge you have to apply to the Local Authority which issues the Badge only after a doctor has given the applicant a thorough examination. Just paying the parking fee does not entitle a none-badge driver to park in a disabled bay. Fair comment - I'd had the impression from reading other posts that the OP HAD a badge, but just not with her at the time. Upon reading the OP again, it is apparent that she doesn't have one. However, if it DOES go to court, I'm sure the OP could get some sort of evidence from her doctor to confirm that she is truly disabled and thus had some claim to park in that spot. Link to comment Share on other sites More sharing options...
iansheff Posted December 14, 2008 Share Posted December 14, 2008 Just read this article about Excel Parking who say they are not out to profiteer from the disabled. http://www.people.co.uk/news/tm_headline=parking-beater%26method=full%26objectid=20968588%26siteid=93463-name_page.html Link to comment Share on other sites More sharing options...
garrence Posted December 14, 2008 Share Posted December 14, 2008 psst - this thread is two years old. I don't know why you have searched for it then resurrected it, but I think the OP may have concluded the matter by now. Anyone else with Excel Parking issues at the moment can use the search facility to find useful threads about them. The usual point is that they cannot issue mandatory "fines" or "penalty charges", they are simply using contract law combined with lots of hot air and bluster to scare people into paying charges that often are not necessary to pay. Link to comment Share on other sites More sharing options...
iansheff Posted December 14, 2008 Share Posted December 14, 2008 psst - this thread is two years old. I don't know why you have searched for it then resurrected it, but I think the OP may have concluded the matter by now. Anyone else with Excel Parking issues at the moment can use the search facility to find useful threads about them. The usual point is that they cannot issue mandatory "fines" or "penalty charges", they are simply using contract law combined with lots of hot air and bluster to scare people into paying charges that often are not necessary to pay. The reason I resurrected it was because I read on the forum that people had still been having problems with Excel and thought that it was pertinent to let people know what can be resolved if newspapers become involved. Please forgive me if I have spoilt your Sunday by bringing an old post back to life. Link to comment Share on other sites More sharing options...
Darbees Posted December 15, 2008 Share Posted December 15, 2008 Easy answer to all this, as I often have said, just ignore it. They never enforce the penalties in court because if they lose it will set a precedent, they just send lots of nasty intimidating letters which mean nothing and then they go away. If you are clamped, take them to court for your money back. Link to comment Share on other sites More sharing options...
Mr Westwood Posted December 15, 2008 Share Posted December 15, 2008 Easy answer to all this, as I often have said, just ignore it. They never enforce the penalties in court because if they lose it will set a precedent, they just send lots of nasty intimidating letters which mean nothing and then they go away. If you are clamped, take them to court for your money back. They do and they win. It's a contract. Park crap and you break the contract. It really is that simple. The good way to remember Parking contracts is like with websites. By using this website you are agreeing to abide by the terms and conditions. It's the same for private car parks. Link to comment Share on other sites More sharing options...
Darbees Posted December 15, 2008 Share Posted December 15, 2008 They do and they win. It's a contract. Park crap and you break the contract. It really is that simple. The good way to remember Parking contracts is like with websites. By using this website you are agreeing to abide by the terms and conditions. It's the same for private car parks. It doesn't stand up to scrutiny in court. Show me a case they have won in court please. Link to comment Share on other sites More sharing options...
Mr Westwood Posted December 15, 2008 Share Posted December 15, 2008 It doesn't stand up to scrutiny in court. Show me a case they have won in court please. And who wipes your arse for you? The charge is a charge for breaking the contract. Fail to pay the charge and it becomes a debt. The funds are pursued in court (once all other angles for pursuance have been exhausted). Hence they do take matters to court and they win. They have won. Link to comment Share on other sites More sharing options...
Darbees Posted December 15, 2008 Share Posted December 15, 2008 And who wipes your arse for you? The charge is a charge for breaking the contract. Fail to pay the charge and it becomes a debt. The funds are pursued in court (once all other angles for pursuance have been exhausted). Hence they do take matters to court and they win. They have won. No need for that first idiotic sentence thanks, that doesn't enhance your postings too well. As I said in the other post, please let me see evidence of a successful court case. The charge should in fact be an invoice for parking btw and these demands are not for payment of an invoice, there's more to enforcing a contract in court than a few snotty letters. Link to comment Share on other sites More sharing options...
Miss_S_83 Posted December 15, 2008 Share Posted December 15, 2008 No need for that first idiotic sentence thanks, that doesn't enhance your postings too well. As I said in the other post, please let me see evidence of a successful court case. The charge should in fact be an invoice for parking btw and these demands are not for payment of an invoice, there's more to enforcing a contract in court than a few snotty letters. Unfortunately they have won.. I know because yes... I admit I worked in the offices (not doing the case admin though just a general dogsbody) briefly and I just know they have won. Dunno how mnay times/when but at least once when I was there. Some of the people there enjoy making people pay silly amounts of money but it's because they are private car parks and they display signs warning of what will happen. I dunno about people who ignore letters etc. though as I wasn't there that long and not in that section as I said so maybe there is truth in that I couldn't say. Link to comment Share on other sites More sharing options...
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