Excel ECN, wrong registration, now court summons **Case Dropped**

[jazzistheword]

If anyone has experience of this I would love your thoughts.

 

I received a ECN from Excel Parking with a mistake in the car reg. I have ignored the first Notice to Owner to pay (I don't know how they found me with the wrong reg number written down). I now have a 'copy' of a court summons for a Magistrates' court (it's a photocopy or a scan or something and looks suspiciously similar to the other correspondence I've had from Excel, rather than from a court).

 

How should I proceed? Do i have a case due to their mistake on the original ticket?

[Michael Browne]

It should be from a County Court, not a Magistrates Court. Does it have a claim number and the court seal (printed).

 

If it was issued on-line, it will be from Northampton and will have a Money-Clam-On-Line password towards the bottom on the right hand side.

[kirkbyinfurnesslad]

It could actually be the magistrates court if they are acting for the concil

 

Wheres is the court document from?

[esmerobbo]

Excel do have a couple of car parks they manage for local councils, is this an "Excess charge notice" issued on behalf of a local council?

[kirkbyinfurnesslad]

Not doncaster way is it........

[jazzistheword]

It is from Bawtry, and from reading a couple of posts on here it looks as though Excel are acting on behalf of Bawtry town Council. They are quoting RTRA 1984 on the Excess Charge Notice.

 

There doesn't seem to be a claim number or court seal, no.

[jazzistheword]

Yes, doncaster magistrates court

[kirkbyinfurnesslad]

Agh , good at guess work aint I lol

 

Get on to pepipoo now, and search for doncaster magistrates court, someone had a simliar case and kicked rachel coates of excel parking right into touch

[kirkbyinfurnesslad]

Not sure if this is the right thread, if not plenty to find http://forums.pepipoo.com/index.php?showtopic=72353&st=200&p=769796&

[jazzistheword]

Will give it a read now - Ta!

[esmerobbo]

This needs dealing with, don't ignore it this is not a civil matter as its magistrates. As regards the wrong reg No on the screen ticket, they would have photographed your car so they will have obtained the correct reg from that. The case link above is an indication that you can have these dismissed but no doubt Excel have corrected that mistake, and unfortunately the case was dismissed before other details could be decided on. You will probably need other points of defence.

[ploddertom]

As this now a Local Authority matter I will move it to the apropriate Forum

[jazzistheword]

I have now received a full evidence pack from Excel, containing photos of my car, info from a database, and a copy of the original handwritten ECN. The registration error is still on the handwritten ticket, as it is on my copy. The computerised sheets contain the correct reg.

 

Do I have a chance to get away with this on this technicality?

[sailor sam]

If the VRM was recorded incorrectly, how did the 'ticket' find it's way to your address? Also, if all the information dosn't tally, how can they possibly succeed in winning? Your defense will surely be that their officer issued the 'ticket' to the wrong car.

 

How far out is the VRM on the 'ticket' to what is recorded in their 'evidence'?

[jazzistheword]

The handwritten ECN is 1 letter wrong. I imagine they found my correct address by referring to the photographs of my car.

 

The magistrates' hearing is apparently in 6 days now, I don't want to rack up court costs if I don't have much chance with only this minor error on the ECN, but it is a blatant discrepancy.

[sailor sam]

Magistrates??? Are you sure?? Parking contraventions were de-criminalized some years ago so why is this being dealt with by a criminal court rather than a civil one? Even if it was a genuine local authority PCN it would be killed by an incorrect VRM and IT CANNOT BE RE-ISSUED later using photographic evidence. Plus, even if you didn't pay or respond, the matter would be referred to the Traffic Enforcement Centre which is based at the Northampton Court Centre. They would generate a civil recovery order which is enforced by bailiffs. There is no court hearing involved.

 

Can we re-wind a bit... tell us where exactly the 'ticket' was issued and what it was for.

[jazzistheword]

Original post:

 

" I received a ECN from Excel Parking with a mistake in the car reg. I have ignored the first Notice to Owner to pay (I don't know how they found me with the wrong reg number written down). I now have a 'copy' of a court summons for a Magistrates' court (it's a photocopy or a scan or something and looks suspiciously similar to the other correspondence I've had from Excel, rather than from a court). "

 

 

This is from Bawtry Market Hill carpark which i believe has come up here before for have some quirky rules. I know nothing about how the legal system surrounding this works.

They have not 're-issued' the ECN but the Notice to Owner states the correct VCN rather than the incorrect one stated on the original ECN.

 

The ECN looks to the untrained eye just like the PCNs which I have seen before.

 

I do indeed have a court summons for Doncaster Magistrates' court, I think for failure to pay.

[sailor sam]

On what charge have you been summons to appear for? AFAIK the RTRA 1984 cannot be used to enforce parking charges. It can only be used for traffic enforcement (i.e. if you park in a dangerous manner etc).

 

http://www.racfoundation.org/assets/rac_foundation/content/downloadables/elliot%20-%20parking%20enforcement%20-%20main%20report%20-%2016082010.pdf

[jazzistheword]

Alleged Offence: (in brief)

 

Being the Owner/Keeper/Driver/Hirer of motor vehicle with mark **** *** . . . . . . . . did without reasonable excuse fail to pay the Excess Charge Notice, contrary to section 107 (1) of RTRA 1984.

 

 

The original document on my windscreen was a ECN not a PCN, issued by the private company Excel Parking Services, not from a local council. The issue as I see it is whether they can take me to court for not paying the ECN, when it was made out to the wrong vehicle, if only by 1 digit. All the other details on the form are correct, but all subsequent correspondence and notices refer my correct VRM , which differs from then original ECN.

[sailor sam]

If I was you, I would contact the court and ask them if the summons is genuine. As I said previously, I don't think there is any scope within the act to recover parking charges which have been a civil matter since the early 90's AFAIK. Basically I think they are trying to intimidate you into paying. They are using the wrong 'law' to 'prosecute' you.

 

Please come back and tell us what the court says.

[Raykay]

If I was you, I would contact the court and ask them if the summons is genuine..

 

 

The OP has an ECN, not a PCN.

 

 

ECN matters are dealt with in Magistrates Court, PCN matters are dealt with in County Court.

[jazzistheword]

Yes, that's right.

 

The main point which I don't understand is if they are able to take action against me for not paying when the original notice effectively referred to a different vehicle, even though they may have photographic evidence to show I did commit the offence.

[Raykay]

One problem is that incorrect details on a PCN render it invalid. If it is considered to be a minor error, (they have the correct registration, but wrong on the paperwork etc.), it can be corrected at the hearing at Magistrates Court under the 'slip' rule.

[sailor sam]

The OP has an ECN, not a PCN.

 

 

ECN matters are dealt with in Magistrates Court, PCN matters are dealt with in County Court.

 

So can parking charges be recovered/dealt with under the RTRA 1984? I thought this act was for dealing with dangerous/inconsiderate parking, not parking charges.

[Raykay]

So can parking charges be recovered/dealt with under the RTRA 1984? I thought this act was for dealing with dangerous/inconsiderate parking, not parking charges.

 

 

The OP doesn't have a parking Penalty Charge Notice, it is an Excess Charge Notice which is an RTRA matter and dealt with in Magistrates Court.