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Excel Parking - Appeal denied, what next?
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Much better and perfectly understandable too. I see bargepole has tidied it up now.
And if this was a camera-issued fake PCN in the post (was it?) then you can also add a couple of final points ONLY IF IT WAS A POSTAL PCN:
- Excel's cameras take pictures of moving traffic, without showing any evidence of parking at all. Nor has any evidence having been provided that Excel comply with the 'ANPR section' {(look it up on the BPA website and quote it)} of the BPA Code of Practice in terms of checking and maintaining their cameras & camera clocks at that car park.
- Specifically, Excel must evidence to POPLA what checks were made in terms of maintaining & checking the cameras and timings at that particular car park in the days before the incident. And also evidence of any manual checks made that day when it must have been apparent that every car in a certain period would have received a fake PCN. Excel's spokesperson is on record in a Watchdog article* as stating that ''we do recognise that motorists may input an incorrect digit of their VR number when purchasing a P&D ticket and as such our processing allows for a manual review/quality check of PCN’s before they are issued''. So POPLA must be shown a copy of Excel's record of their 'manual review' check that day and Excel must explain why this did not cause the immediate cancellation all tickets before issue that day, when it would have been clear from even a cursory check that the machines were not working during a particular period of time.
* http://www.bbc.co.uk/programmes/p00zkz1k/features/private-parkingPRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Finally had an email from POPLA this morning to say my appeal has been allowed and Excel have been instructed to cancel the charge. Thanks for all your help.0
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Finally had an email from POPLA this morning to say my appeal has been allowed and Excel have been instructed to cancel the charge. Thanks for all your help.
Excellent news OP, well done.
Would you scan your appeal and the POPLA decision and post to the forum as this will help both newbies encountering all this for the first time as well as the regulars for reference purposes, please?
ThanksPlease note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0
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