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  • FIRST POST
    • sportmonday
    • By sportmonday 23rd Mar 15, 12:37 PM
    • 18Posts
    • 7Thanks
    sportmonday
    Excel Parking (Peel Centre Stockport) - IAS stage!
    • #1
    • 23rd Mar 15, 12:37 PM
    Excel Parking (Peel Centre Stockport) - IAS stage! 23rd Mar 15 at 12:37 PM
    Hi

    I received a PCN from Excel Parking (Peel Centre Stockport) in February 2015. I followed the instructions contained within the newbie sticky and appealed using the format provided. As expected it's been denied and so we move onto the IAS appeals stage.
    Can anyone offer any advise on how to proceed? I understand that I'll need to draft a letter but am a little unsure of how to it should look. It seems a little pointless as I know it will be rejected anyway!

    Any help would be greatly appreciated.

    NB. 'the driver' of my vehicle did not purchase a ticket when visiting this site. Assumptions were made that it was a free car park on a retail estate.

    I can't post an image of the actual PCN as I'm a new user but here is the content of the rejection letter:

    Dear Mr xxxx

    Notice Serial No:
    Vehicle Registration Mark:
    Date & Time of Issue: 07 Feb 2015 at 19:47


    We refer to your appeal against the above Parking Charge Notice, which was received on the 22nd
    February 2015.

    Please note that we are proceeding on the reasonable assumption that you were the driver of the vehicle on the date in question unless you are able to prove the contrary.

    The Peel Centre Car Park in Stockport is a pay on entry Pay & Display car park. The Terms and Conditions of the Car Park require for a valid Pay & Display (P&D) Ticket to be purchased after entering the car park, detailing the full vehicle registration mark (VRM) i.e. xxxxxx. Management of this site is conducted via
    ANPR cameras that take photographs of vehicles entering and exiting the car park and work in conjunction with the Pay and Display machines in situ.

    On the 7th February 2015 you did not comply with the Terms and Conditions of parking by failing to purchase a valid P&D ticket. We can confirm that we have checked our records and are unable to locate any ticket purchased that either matches or resembles your VRM xxxxxx.
    Purchase instructions are in place, providing all users of the car park with a step by step guide on how to obtain a valid ticket and there is a Helpline telephone number situated on the bottom of our signs. By making a telephone call on the number provided you can inform us of any problems while within the site, and most probably prevent a Parking Charge Notice being issued to yourself.

    By failing to purchase a valid Pay & Display ticket, you were in breach of the Terms & Conditions of parking which you agreed to adhere too upon entering the facility. Our signage clearly states that you are to "purchase a valid ticket". Further more the signage goes on to state that "Parking charge notices will be issued for:- "Failure to purchase a valid Pay & Display Ticket within 15 minutes following entry to the Car Park".
    CCAS

    As established members of the Independent Parking Committee, we adhere to their Code of Practice for Private Enforcement on Private Land and Unregulated Car Parks. This Code of Practice gives recommendations in regards to the signage within the car park. The signs within the car park comply with the recommendations in the Code of Practice and are therefore deemed reasonable.

    There are approximately 86 x highly prominent signs on site including 4 x Entrance Signs (2000mm x 1000mm) 25 x Information signs (1220mm x 660mm) 17 x Tariff boards (1200mm x 1000mm), 14 x "Pay Here" signs erected at a height of approximately 2.5 metres and 21 x Disabled P&D signs situated at key locations throughout the area.

    When parking on private land, a motorist freely enters into an agreement to abide by the conditions of parking in return for permission to park. It is the motorist's responsibility to ensure that he or she abides by any clearly displayed conditions of parking. It is clear that the terms of parking stated that a pay and
    display ticket must be displayed, or the motorist would face liability for a parking charge. We would note that you had the opportunity to leave the car park if you could not comply with the terms of parking.
    We note your comments in relation to the amount of our PCN charges and we can confirm that they represent a sum for liquidated and ascertained damages in respect of a breach of the [parking contract] Those charges have been calculated in advance and were clearly set out on the signage. When a motorist
    parks in breach of the Terms and Conditions of Parking, a loss is incurred by us as incorrect parking prevents the efficient management of the car park. If we are unable to regulate the car park, our clients would not require our services and the company would cease to exist. It is therefore commercially justifiable that the operator seeks to enforce its terms and conditions.
    Furthermore, we would contend that it is too late for you now to indicate that you are unhappy with the parking charge Othis should have been done at the time of accepting the parking contract. Should you take up your option to appeal to the Independent Adjudication Service (IAS), we will rigorously defend our position on the level of the PCN charge. We would also contend that in any such appeal to the IAS you should set out your reasons, along with relevant supporting evidence as to why the charge is not appropriate.
    You have raised a number of points in your appeal which are not appropriate for us to deal with at this stage. Please note that, as members of the Independent Parking Committee (IPC) it is necessary for us to evidence to the IPC that we have relevant authority to undertake enforcement activity at the site
    concerned and that our signs in situ are compliant in setting out the relevant terms and conditions of use.
    We will defend the points you have raised as appropriate should the matter proceed to the Independent Appeals Service (IAS) and/or Court. We have therefore dealt with the pertinent points in your appeal below."
    We are satisfied that the Parking Charge Notice has been issued correctly, and that sufficient attention was brought to you, the driver with regards to the Terms and Conditions enforced. In light of the aforementioned, your appeal is rejected. We will not accept any further appeals.

    What you should do next - Either:
    1. Pay the Parking Charge. In order to settle the Parking Charge Notice at the discounted rate,
    the payment of £60.00 is to be received within our office by the 28th March 2015, after which the amount
    payable will revert to £100.00.
    Payments can be made online at xxxx by following the links for "PCN Payment", or
    over the phone by using a valid credit or debit card. Alternatively you can send a cheque or postal
    order made payable to Excel Parking Services Limited . It is the motorists responsibility to ensure that
    payment is received within our office, and by the relevant date, as stated above.

    (IAS). In order to appeal, the IAS will need the following information (which is contained in the subject
    header of this letter). Appeals must be submitted to the IAS within 21 days of the date of this letter.
    Please visit xxxx for full details on how to submit an appeal online.
    It is important you note that if you wish to appeal to the IAS, the discount offer will no longer apply and
    the full amount of the Parking Charge will be pursued.
    Please note that further costs may be incurred should it be necessary for us to subsequently recover any
    outstanding charge using debt recovery and/or court action.

    Notice Serial No:
    Vehicle Registration Mark:
    Site No.: EXC0011
    Date PCN Issued: 07 Feb 2015

    Yours sincerely


    Miss Gabrielle Selman.
    On behalf of the Senior Manager
    Central Payments Office
Page 2
  • nelly30
    Wow...and there still out ripping people off! Just been reading the parking prankster actually as I've been looking round for a decent appeals letter that fits in with what I want to say. Some of the transcripts of his dealings are good!
    • Redx
    • By Redx 17th Jul 15, 3:45 PM
    • 14,437 Posts
    • 18,033 Thanks
    Redx
    the recent 2 BBC one programs were end of may

    http://forums.moneysavingexpert.com/showthread.php?t=5244056

    watchdog - 28th may 2015
    dom littlewood - 29th may 2015
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • haylesb
    • By haylesb 18th Nov 15, 1:37 PM
    • 1 Posts
    • 0 Thanks
    haylesb
    I ignored them completely and eventually they stopped writing
    • bod1467
    • By bod1467 18th Nov 15, 4:58 PM
    • 14,798 Posts
    • 13,460 Thanks
    bod1467
    I ignored them completely and eventually they stopped writing
    Originally posted by haylesb
    If it's still within 6 years of the "offence" don't be surprised if this resurfaces, especially given the Beavis result.
    • sportmonday
    • By sportmonday 16th Jun 17, 2:16 PM
    • 18 Posts
    • 7 Thanks
    sportmonday
    Just an update to this thread - I'm going to court next week! I've fought this thing as long as I could but will now come to a conclusion. Doubtfully in my favour either but at least they've had to wait nearly 3 years to collect a couple of hundred quid!
    I'm far more diligent when it comes to parking now so I won't be caught out again.
    • Coupon-mad
    • By Coupon-mad 16th Jun 17, 8:40 PM
    • 46,959 Posts
    • 60,319 Thanks
    Coupon-mad
    Log time no see! Have you filed your Witness Statement and Evidence, as required, last month?

    Show us their WS so we can see their effort.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

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