Excel parking charge notice - to pay or not to pay?

mbchfmb2

Hi,

I've been reading the forums and seen a lot of people saying to ignore parking charge notices. However, people also seem to be mentioning that the rules changed in October and my ticket was issued in October.

Basically I had parked in a private car park which I thought I had a permit for. However, I received a ticket and discovered that my permit is issued by VCS for 'east banks access road' while I was parked in a car park operated by Excel Parking called 'east banks car park'. I thought the permit was valid because the issuer informed me so and the permit matched the colouring and design of the signs in the car park.

Anyway I foolishly appealed this with Excel and they have rejected my appeal and they now have my address and confirmation that I was the driver that day. They have given me the information to appeal with POPLA. However, I am fairly certain I would fail as I did not have a valid permit for where I was parked. My own ignorance isn't really an excuse.

Basically I'm not sure whether to pay the fine or just ignore it. I have until the 20/11/12 before the reduced rate passes. The notice was issued on the 13/10/12.

Any help much appreciated!

Coupon-mad

You do understand that the whole fake PCN thing is a scam and that you do not need an excuse and could have ignored this whole con? You may not yet know this perhaps, as I see you called it a fine and believe there's a discount period - it's as if you think this is a real parking penalty - which it is not. The discount is even bigger to informed people because in fact this is not a fine at all and you owe ZERO.

What a shame you didn't ignore Excel as they could not have got your details as they are currently banned by the DVLA from getting any registered keepers' data. Never mind, you won't have to pay this anyway.

Did you realise that VCS and Excel are the same company group?

So there has been no loss and moreover this sounds like a set-up deliberately devised to deceive. Why have separate permit systems for two adjacent places that appear to be run by what a layman would think was 2 separate firms? Why, if not to confuse the issue?

Since you have invoked the appeals process then YES!! do appeal to POPLA. This will be a process that will COST EXCEL £27 plus VAT but will be free for you to use. It's an independent decision and is only binding on the PPC, not on you - so what's not to like! Who cares if it doesn't work, it doesn't actually matter but you'll have cost Excel money.

If POPLA do not cancel the ticket then you can just safely revert to Plan B = ignore the whole scam and the last few desperate letters Excel will send.

In any appeal to POPLA include the fact that Excel are currently banned by the DVLA from getting registered keeper's data, due to non-compliant signage. A copy of this blog by Martin Cutts would be useful for you to read to grasp the issue:

http://s3-eu-west-1.amazonaws.com/plcdev/files/126/original/DVLA-BPA-Cutts22Apr2012_1b_mf.pdf

...we know that Excel have NOT improved their signs even when, earlier in the year, a judge kicked a small claim attempt out because their signs were simply too small to read. And the defendant in that case was...Martin Cutts of the Plain Language Commission! By the way such attempts at Court are exceedingly rare and Excel/VCS would be the last company to try again in a hurry because their owner got into trouble when he criticised that judge. He's not the most popular PPC owner this year, among judges!

So in your appeal you can also debunk the signs (take photos and attach them to your POPLA appeal in whatever format they accept) and attach that linked blog. Show POPLA the sort of firm they are dealing with and the history they have with very dodgy signs, so much so that the DVLA suspended them - unbeknown to you otherwise you would never have given them your details.

Also include the fact that Excel do not own the land so cannot possibly demonstrate any loss - and under the BPA Code of Practice, a 'private parking charge' can only be claimed for losses. And without clear signs and land ownership they cannot have formed a contract with you either. Without a 'contract' argument and without a genuine pre-estimate of loss they are completely scuppered.

And include the fact that you honestly understood the permit to be valid because the issuer (VCS aka Excel!!!) informed you so - and the permit matched the colouring and design of the signs in the car park (of course, as they are the same group of companies).

Do NOT make excuses for your behaviour, do NOT talk about any mitigating circumstances. Make this appeal a factual demonstration and expose of the failings & tactics of Excel and VCS.

Let us see your draft if you like, over the weekend, of what you intend to send to POPLA. Remember, the outcome doesn't actually matter one jot to you and only involves a simple postal challenge! But it's a great opportunity to expose this scam to POPLA who are run by the LondonCouncils, who I think will be gobsmacked by some of the appeals coming their way for the first time about this sort of private land con.

The_Slithy_Tove

mbchfmb2 wrote: »

However, people also seem to be mentioning that the rules changed in October and my ticket was issued in October.

The only thing the rule change means is that any liability falls to the registered keeper if the PPC isn't told who the driver was. Since you have told them, it's now a moot point.

What it does not mean is that the charge you have is any more enforceable than it was before. Do appeal to POPLA, as it'll cost tjem money. and its outcome is not binding on you. Your grounds can be something along the lines of the charge does not reflect the losses to the landowner or ome such - doesn't really matter.

esmerobbo

Do you think its them?????????

http://www.touringandtenting.com/index.html/_/articles/press-release/caravan-thefts-from-service-stations-back-on-th-r116

Nick the caravan stick a ticket on the vehicle?

Cloverleaf11

I received a parking charge notice last night from "Vehicle Control Services" for what they deemed to be" parking in a restricted area" (it was at Valley Centertainment which is adjacent to the Motorpoint Arena in Sheffield - and parking availability is greatly affected when there are any events on at the arena - the opening weekend of Breaking Dawn also compounded the issue); after 30 minutes of driving around the car park looking for a space - it was akin to Wacky Races - and being unsuccessful, I decided to park my small C1 over the edge of a kerb: my question is about yellow lines on private property. I was parked on a wide area of paving, not obstructing the footpath, with only my drivers side wheels on the road, but almost on the yellow lines at the side of the kerb. I was tucked in behind a row of almost a dozen other cars who had done the same thing. My car was not parked in front of any Emergency access/exit points, did not restrict pedestrian flow nor did it restrict any of the other traffic passing by. However, before I part with any hard-earned cash I wondered if anyone could advise if the "double-yellow" lines carry the same restrictions on private land?? I'm already torturing myself for leaving the car where I did - not something I am in the habit of doing, which makes it all the more annoying - but a lesson learned nonetheless ... we were in danger of missing the film we had already bought tickets for, so my actions at the time were borne out of sheer frustration! Any advice would be gratefully received!! :-(

Coupon-mad

Fake PCN from VCS anywhere for any reason = ignore it.