Excel Parking Charge Notice Middlsbrough (Leisure Park)

rmn86

I also received a Parking notice from Excell in the Middlesbrough area. My car was actually parked at my place of work it was not in a parking bay nor was it in any way an obstruction, due to the fact i was being picked up and my car actually broke down and would not start. I informed security at my work place, left my phone number and had a friend recover the vehicle the following morning, by which point Excell had left the PCN. I appealed this notice on the basis that i could not physically moved my car and felt I had done enough to inform people f my situation but of course this was denied as I had not informed Excell because 1) I had never even noticed the signs that they have displayed above eye level with the contact detail on and 2) the parking wardes/attendants that work there can never been seen other than first thing on a morning when for some reason they watch us all enter the car park jotting things on to their clipboard. I have not paid this notice as don't feel i should but have now started receiving letters from Graham White solicitors with threats of further charges and CCJs.
Although I am quite worried about this as I do not want and CCJs nor can I afford the ridiculous price they are now asking for, I have read a few threads on here and have decided to sick to my guns (for now any way) ad will not pay this notice! However I hope this is the right decision!? :-S

Umkomaas

rmn86 wrote: »

I also received a Parking notice from Excell in the Middlesbrough area. My car was actually parked at my place of work it was not in a parking bay nor was it in any way an obstruction, due to the fact i was being picked up and my car actually broke down and would not start. I informed security at my work place, left my phone number and had a friend recover the vehicle the following morning, by which point Excell had left the PCN. I appealed this notice on the basis that i could not physically moved my car and felt I had done enough to inform people f my situation but of course this was denied as I had not informed Excell because 1) I had never even noticed the signs that they have displayed above eye level with the contact detail on and 2) the parking wardes/attendants that work there can never been seen other than first thing on a morning when for some reason they watch us all enter the car park jotting things on to their clipboard. I have not paid this notice as don't feel i should but have now started receiving letters from Graham White solicitors with threats of further charges and CCJs.
Although I am quite worried about this as I do not want and CCJs nor can I afford the ridiculous price they are now asking for, I have read a few threads on here and have decided to sick to my guns (for now any way) ad will not pay this notice! However I hope this is the right decision!? :-S

You need to start a new thread otherwise no one will know to whom any advice is being given - you or the OP.

Letters from G White are a standard part of the [STRIKE]scam[/STRIKE] process. You are too far down the road for an appeal as you've ignored everything so far.

That's not a problem, and you can continue to ignore, normally things fizzle out shortly after the GW letters.

What you must NOT ignore are any stamped County Court papers, usually sent from Northampton County Court. If you get any of these come straight back with a new thread and you'll get further relevant advice.

The only way you can get a CCJ is if you're taken to court, the judge finds against you and you refuse to pay anything awarded against you - so avoiding CCJs is entirely under your control, so I'm sure it's not going to get to that!

HTH

danielsonstar

Morning all, right so iv'e now received my "Notice To Keeper" letter. What's the plan of action next t combat this?

bazster

Okey-dokey, if you want me to help you can scan the NtK and load it up onto some image-sharing site. Send me a Private Message with the URL. If you don't post the URL here then you don't need to redact everything, just your name and address, but leave everything else un-redacted, particularly the dates. While you are at it, put an un-redacted (except name/address) copy of the original notice in the same place and include a URL to that also.

I will then check them over and tell the forum whether the notices do or don't comply in respect of dates and all the other stuff, and from there the next step can be decided (the next step will be a challenge to the NtK, but we need to decide precisely what to put in it)

bazster

OK folks, this is what we've got:

Purported Notice to Driver

It fails to specify the means by which the requirement to pay charges was brought to the driver's attention. Breach of Schedule 4 7(2)(b).

(There is a box which reads "No. of W/Signs" next to which there is a handwritten "4", but who knows what that gibberish is supposed to mean?)

It fails to identify the creditor, breach of 7 (2)(e)

The reason given for issuing the Notice is that the driver left the site. Failure to mitigate losses, it's a toothbrush case. You'd think Excel would know better.

Purported Notice to Keeper

Sadly it is comfortably in-time.

Happily, it gives the reason as "Parked in a restricted area in a car park" - a completely different reason to the NtD! Sounds like a slam-dunk to me!

I'm also willing to bet that "No parking in a restricted area" is not a term displayed on those signs and therefore not a term of the purported contract. I would at least put them to proof that this is not only a term displayed on the signs but also that the "restricted areas" are clearly signed and demarcated within the car park. That is, of course, after pointing out that the reasons given on the NtD are completely different to those given on the NtK, so at least one of them must've been invalidly given, perhaps both! 7(2)(b) and 8(2)(c).

Once again the creditor is not identified. 8(2)(h)

The time of the "contravention" is shown, but not the period of parking. 8(2)(a)

It states that "You have lost the right to APPEAL". This is a lie.

What to do now

I'd suggest a challenge along the following lines:

I thank you for your esteemed communication dated XX/XX/XXXX, your ref XXXXXXXXX.

The keeper denies all liability for this spurious charge on the grounds that the Notice to Keeper is not valid therefore no keeper liability arises. Specifically, the "reason" given in the Notice to Keeper is completely different to the "reason" given in the Notice to Driver which was affixed to the vehicle on XX/XX/XXXX.

I note that the Notice to Keeper states "You have lost the right to APPEAL". This is completely untrue and will be reported to DVLA, BPA and Trading Standards.

Should you be daft enough to wish to pursue this matter further you must now send a POPLA code per the BPA Code of Practice. Be advised that failure to comply with a code of conduct to which you have committed is an offence under the Consumer Protection from Unfair Trading Regulations 2008, and the keeper would not hesitate to further report such a breach to DVLA, BPA and Trading Standards.

Yours,

Mr. R. Keeper


Hold fire perhaps until tomorrow though, others may wish to suggest alternative wording.

Guys_Dad

bazster wrote: »

OK folks, this is what we've got:

Purported Notice to Driver

It fails to specify the means by which the requirement to pay charges was brought to the driver's attention. Breach of Schedule 4 7(2)(b).

(There is a box which reads "No. of W/Signs" next to which there is a handwritten "4", but who knows what that gibberish is supposed to mean?)

It fails to identify the creditor, breach of 7 (2)(e)

The reason given for issuing the Notice is that the driver left the site. Failure to mitigate losses, it's a toothbrush case. You'd think Excel would know better.

Purported Notice to Keeper

Sadly it is comfortably in-time.

Happily, it gives the reason as "Parked in a restricted area in a car park" - a completely different reason to the NtD! Sounds like a slam-dunk to me!

I'm also willing to bet that "No parking in a restricted area" is not a term displayed on those signs and therefore not a term of the purported contract. I would at least put them to proof that this is not only a term displayed on the signs but also that the "restricted areas" are clearly signed and demarcated within the car park. That is, of course, after pointing out that the reasons given on the NtD are completely different to those given on the NtK, so at least one of them must've been invalidly given, perhaps both! 7(2)(b) and 8(2)(c).

Once again the creditor is not identified. 8(2)(h)

The time of the "contravention" is shown, but not the period of parking. 8(2)(a)

It states that "You have lost the right to APPEAL". This is a lie.

What to do now

I'd suggest a challenge along the following lines:

I thank you for your esteemed communication dated XX/XX/XXXX, your ref XXXXXXXXX.

The keeper denies all liability for this spurious charge on the grounds that the Notice to Keeper is not compliant with POFA2102 or the BPA Guidelines therefore no keeper liability arises. Specifically, the "reason" given in the Notice to Keeper is completely different to the "reason" given in the Notice to Driver which was affixed to the vehicle on XX/XX/XXXX.

I note that the Notice to Keeper states "You have lost the right to AppealL". This is completely untrue and will be reported to DVLA, BPA and Trading Standards.

After you have read the relevant sections of POFA12 and the BPA guidelines to confirm that the appeal points are valid, should you still wish to pursue this matter further you must now send a POPLA code per the BPA Code of Practice.

Be advised that failure to comply with a code of conduct to which you have committed is an offence under the Consumer Protection from Unfair Trading Regulations 2008, and the keeper would not hesitate to further report such a breach to DVLA, BPA and Trading Standards. You will be liable for disciplinary points from the BPA as well, only in this case, points don't mean prizes - well not for you, that is.

Yours,

Mr. R. Keeper


Hold fire perhaps until tomorrow though, others may wish to suggest alternative wording.

Made a couple of suggestions in bold above, plus as I was feeling frivolous, a final one in red which may be OTT.

But good spots in your post on the deficiencies, bazster. :beer:

danielsonstar

Excellent reply bazster, really appreciate the time taken to help people. Guess they have hit themselves on the foot here then, should be a straight forward winning appeal at-least from POPLA if it was to go down that route.

danielsonstar

Am i best off with Guys dad edited version?

Do I just email Excel?

Guys_Dad

danielsonstar wrote: »

Am i best off with Guys dad edited version?

Do I just email Excel?

Either one, nit really much difference. Mine has a slightly better chance of the appeal being accepted in round 1 (if they take the trouble to check the facts).

Sens it by email and real mail and get a certificate of posting. Do not send it registered or they might refuse to accept it.

danielsonstar

Guys_Dad wrote: »

Either one, nit really much difference. Mine has a slightly better chance of the appeal being accepted in round 1 (if they take the trouble to check the facts).

Sens it by email and real mail and get a certificate of posting. Do not send it registered or they might refuse to accept it.

Ok, I'll send the appeal to: [email]cpo(@)excelparking.co.uk[/email]
What do you mean real mail? and get a certificate of posting, how do I do that? Am I to write out a letter and send it via Royal Mail and ask for certificate of posting and get them to date stamp it etc..... (sorry, just unsure)? thanks.