Excel Parking - Appeal denied, what next?

lgb2909

I received a parking fine from Excel Parking for a pay & display car park. I appealed the fine as I had been unable to pay on that particular occasion due to the p&d machines in the car park being out of order. I was not the only motorist that was unable to pay and I placed a notice in my windscreen with the date and time on stating that the machines were not working.

I received another letter at the weekend basically saying the didn't agree with my appeal and wanted me to pay the discounted fine by 23rd May or it would increase. They stated they would not accept any further appeals but I could appeal to the POPLA board. However, if POPLA didn't accept my appeal the fine would increase again.

Part of me wants to fight this because I know I was in the right, however I am worried about them sending debt collectors and don't want to end up with a CCJ or something. I have googled and the advice seems to be to ignore it but I'm genuinely worried about being chased for the fine. What should I do?

Stroma

As you contacted them its probably best to use popla to appeal independently, the popla decisions are not binding on you but is on Excel. We can help you formulate a defence at popla which will be a very strong one with a high chance of it being successful.

As for debt collectors they are powerless individuals and they won't send the boys around , CCJs can only happen if they take you to court, win the case and you refuse to pay the judgement in 28 days. This will not happen as you will win at popla.

And by the way it's not a fine ! Just an invoice

lgb2909

I have the POPLA form so how do I go about appealing to them? I wasn't sure it was worth it - are they not on the side of the parking company?

Stroma

About 60% of people are successful in an appeal , that figure is higher with help of people who know how to do this. You will get help with this, please don't do it alone as you will fail with the points you raise. I suggest that you post on https://www.pepipoo.com as well, they have a number of users who can help.

Just post there explain the situation and name the thread like 'Popla Appeal Help Needed ' and it will be picked up on. Will check later to make sure you have help there or here.

bondy_lad

either way you aint gonna pay it, its just a scam and a fake ticket,i note excell are still using,,the old chestnut,so to speak of broken ticket machines,they have two hopes of winning if they ever took this to court (not),,,no hope and bob hope,so worry not.

Coupon-mad

lgb2909 wrote: »

I have the POPLA form so how do I go about appealing to them? I wasn't sure it was worth it - are they not on the side of the parking company?

Definitely definitely use your POPLA code - it would be madness to appeal to the scammers and then not bother with the independent stage where most people win! The 60% figure is even higher now I believe - and with advice from this forum and pepipoo, people have rarely failed recently.

Start by looking at the POPLA decisions thread at the top of the parking forum to see the latest 2 wins added today (one is funny but still won!!).

Here are a few threads with POPLA appeals drafted and/or advice & links:

https://forums.moneysavingexpert.com/discussion/comment/61207207#Comment_61207207

https://forums.moneysavingexpert.com/discussion/comment/60922079#Comment_60922079

https://forums.moneysavingexpert.com/discussion/comment/60291735#Comment_60291735

http://forums.pepipoo.com/index.php?showtopic=78520&st=20&start=20



As you can see it's NOT a matter of sending any old soft appeal about 'what happened'. It's about challenging the very basis of the fake PCN and the status of the company to even issue it. You can do this just by copy/pasting stuff and showing us your draft you come up with, please, to make sure you've included everything.

It's a good game to find the legal or BPA breach point that will trip up your PPC - also in your case you can state that the machines were not working so there was no method to pay, no alternative and no clear signs telling a driver what to do in such circumstances. But that point must be IN ADDITION to the usual strong legal challenge points you will see used on those threads (all started by inexperienced newbies who have learned quickly how to defeat the scammers).


HTH

lgb2909

Thank you again. I haven't had time yet to look at it properly but should be able to do it after work tomorrow.

Oh flip - have just looked at the links above and I'm even more confused now - I wouldn't have a clue where to start on the POPLA appeal! Haven't a clue what legal stuff to quote. All I know is that had I been able to pay the charge I would have done as I have never knowingly not paid a pay and display charge. Also the fact that there were several other motorists in the same situation. I've parked in the same car park before when machines haven't been working and never been issued a fine so I guess I was very unlucky this time. I really could do without the stress of this and just feel like paying the £40 to make it go away - it's getting really upsetting

rew37

Please don't pay them unless a County Court Judge tells you to.....and this isn't going anywhere near a County Court if you follow the advice from this forum. I understand that it can be really worrying when you get lots of official looking letters written in legal gobbledygook, but these people have no legal powers or any authority at all. It really is just a scam.

Coupon-mad

lgb2909 wrote: »

Thank you again. I haven't had time yet to look at it properly but should be able to do it after work tomorrow.

Oh flip - have just looked at the links above and I'm even more confused now - I wouldn't have a clue where to start on the POPLA appeal! Haven't a clue what legal stuff to quote. All I know is that had I been able to pay the charge I would have done as I have never knowingly not paid a pay and display charge. Also the fact that there were several other motorists in the same situation. I've parked in the same car park before when machines haven't been working and never been issued a fine so I guess I was very unlucky this time. I really could do without the stress of this and just feel like paying the £40 to make it go away - it's getting really upsetting

Do not appeal with what you've just said here!

Why not just copy and paste some paragraphs used by others? Post what you've put together here first and we can help. Can't really write it from scratch for you though. Here's another one where a newbie has read up and learnt a bit, and today has 'cobbled together' what looks to us like a very nice strong POPLA appeal!

https://forums.moneysavingexpert.com/discussion/4557127

Don't be put off by the length of the appeal - the paragraphs do make sense when you read them and understand the point being made.


HTH

kirkbyinfurnesslad_2

Lgb2909 I can help you with your popla appeal. It is something I know plenty about and will word it for you.

Even though I have low post count user *stroma* will verify tht I can be trusted and my advice is sound

lgb2909

I have had such a busy week but have finally gotten around to trying to complete my appeal. I'm not sure which box to tick on the POPLA form - the four options are

- the vehicle was not improperly parked
- the vehicle was stolent (obviously it's not this one!)
- the parking charge (ticket) exceeded the appropriate amount
- I am not liable for the parking charge

I have also written the following statement explaining the situation. I don't think there really is anything more to say as it's straightforward IMO.

At 12.32pm on Sunday 24 March 2013 I entered the Cavendish Retail Park Car Park. I attempted to obtain a parking ticket however both machines were out of order. I displayed a notice in my windscreen stating ‘TICKET MACHINES NOT WORKING’ and the date and time. I also spoke to other motorists who were experiencing the same issue and, on looking at other cars, I was not the only motorist not able to display a ticket.

I then went about my shopping and left the car park at 12.51pm (times are shown on the original PCN). I did look around but, it being a Sunday, there was no member of staff to speak to regarding the machine problems. I have experience the same issue in this car park in the past and either been able to pay by giving the money to an attendant and him issuing a hand written ticket, or not being able to pay at all and have never received a PCN in the past. I will, however, refrain from using this car park in the future.
In view of circumstances being beyond my control, and the fact that I had fully intended to pay but could not, I do not agree with the charge and would like you to consider this my appeal.


If anyone's around to read this and suggest any changes before I submit it I would be grateful but I need to do it asap as Excel are saying they want payment by this coming Friday (24th May).

Thanks in advance