Excel parking Peel Centre nightmare please help!

munchies2013

Hi all, apologies for another 'same oldstory' thread, this is my first post on here and as I have not really found people with the same story as me (I have found similar but ultimately thecircumstances are different so I don't know if my problem applies) I thought itwould be best to start a new thread. If someone could point me in the right direction I would be very grateful.

FYI - I have posted this thread on Pepipoo, but thought I would try my luck on here, I have added a few more details and tweaked my post a bit too, but apologies for the repetition

I have read through lots of other threads and feel that a more detailed explanation of my problem is needed to I could get an answer that is more relevant to me so here goes:

Basically I received a parking charge notice today (06/07/13)for an alleged contravention. On the day in question I was sat waiting in the carfor my sister to get our nandos order (apparently I waited over the stated minutes of allowed time but I wasn't counting) and as I didn't think I would be waiting for long I did not purchase a ticket. However I thought this was ok as I was physically sat in the car and not actually 'parked' as in not in the car and out shopping or whatever,plus it was for a takeaway order which I assumed would be a quick in and out job. Anyways it wasn't as they were really busy (as usual) oh by the way, this all happened in the car park at Peel Centre, Stockport. - I have heard a lot of stories about these guys!

I have now been slapped with an extortionate fine of £60 alaughable discounted rate from £100 for the time I was 'allegedly' parked. I have been trying to see if there are any solutions to my problem and I have read on another topic that there may be a way around this if I am not the registered keeper of the vehicle? The vehicle in question does not belong to me I just drove it that day so this parking charge notice was just issued to the registered keeper who was not in the vehicle at the time. Also this parking charge notice may be fake or something?

please, please, please can someone help me out on this, arethere any solutions? loopholes? help? I was thinking of appealing via e-mailbut I don't know if there is a particular template to follow and the do's and don'ts of how to appeal? Failing this do I just pay them albeit unwillingly?

Really sorry for the longwindedness of this thread, but I would really appreciate any advice anyone can offer on this I am a total noob boththis thread and to receiving a ticket!!

thanks guys

- apologies guys already got my answer to this somewhere else, but any help is much appreciated!

cheers

Stroma

Your story is the same as thousands of others, little variations but still the same.

I gather you are the Registered Keeper of the vehicle? And you are over 18 yes? Your Excel fake ticket can be challenged with a generic soft appeal, it will be turned down as they turn down all challenges, they are scammers afterall.

Once you have the rejection they should give you a popla verification code to appeal independently with help from us, we are currently winning 100% of popla appeals. This appeal is binding on them but not you.

Send this, then come back for help when you get a reply






Name
Address

Date

Dear Excel,

In reference to the speculative invoice received xxxxxx dated xxxxxx, the keeper denies all liability to your company as it is an unlawful punitive charge, thus a penalty! If you reject this challenge the keeper requires within 35 days a popla verification code for them to appeal independently, per Version 3 of the BPA Code of Practice.

The keeper has nothing further to add, and will not respond to any correspondence from your company unless it contains the popla code, furthermore the keeper is fully aware that you must pay £27+Vat for this, so don't forget!

The challenge will be deemed accepted if there is no popla code on any rejection that you supply within the time-frame stipulated above.

Yours Faithfully

Your name (printed)

munchies2013

many thanks @Stroma! I have updated my post to reflect the fact that my query was responded to via a different forum, (I posted twice didn't anticipate such quick responses for which I am very grateful)

I am not the registered keeper of the vehicle, do I just put my details in rather than the registered keepers details? I will be the one to provide the communication with regards to this appeal so I was unsure whether I could do this on the registered keepers behalf?

Also is it advisable to send an actual letter rather than an e-mail or is either ok to do these days?

I really do appreciate your help with this - silly schoolboy error on my part for which I have definitely learnt my lesson!

Coupon-mad

Email is fine as long as you include a name and address and do not say nor imply who was driving. You can appeal on behalf of the registered keeper - in fact at POPLA anyone can appeal.

So in the Excel 1st stage challenge I would just leave it vague who you are and either use Stroma's exact wording or the wording I posted a link to on pepipoo (I am SchoolRunMum over there and saw both threads which is fine as lots of people post on both forums!).

munchies2013

thanks for the help guys!

munchies2013

Hello again,

so today I received a letter from Excel after the e-mail I sent to them. They have not given me a POPLA code, I will write an extract of what they have said to me:

Please note that responsibility for this PCN lies with the driver of the vehicle at the time the parking contravention was observed. It is however evident from your correspondence that you were not the driver of the vehicle on the day in question and we are therefore unable to process your representations for this reason.

the following options are available:

1. for us to process your representations, we would require a signed and dated statement from the driver of the vehicle confirming that you are authorised to appeal on his/her behalf. This statement MUST contain the drivers FULL NAME and a valid FULL UK POSTAL ADDRESS FOR SERVICE. please note, we require an original signature and not a photocopy or stamp.

2. notify the driver of the vehicle that they will need to appeal to us directly.

3. pay the PCN

as a gesture of good-will, we have placed the case file on hold for an additional 14 days to enable the above mentioned actions to be administered. if we receive either no payment or further communication by 21 august 2013, the right to appeal may be lost.

FYI the amount now is £100 - so has anyone seen this before? I thought the whole idea was that you kept the driver in the dark?

Please can anyone offer advice on the next steps I should take? any help is very much appreciated!

thanks

Umkomaas

If you received a Notice to Keeper with references to the Protection of Freedoms Act 2012, they are pursuing you as the Registered Keeper. As such you have every right to appeal to them as the RK and for them to accept (and cancel the charge) or reject and provide you with a POPLA code.

You should make a complaint to the DVLA (copy the Excel reply to them) as by invoking PoFA to obtain the RK details but not prepared to deal with you as the RK, they have been provided with your private data 'without cause'.

Do complain vigorously to DVLA. I'll find you a contact email address and post up as an Edit (unless anyone beats me to it).

EDIT - here's the contact point for emailing DVLA foi@dvla.gsi.gov.uk

Hovite_2

What a load of cobblers !

1. They have every right to pursue the RK if they don't know the driver. You are under no obligation to give them the driver information if you wish them to continue to pursue you. They certainly DON'T require anyone's original signature ( how would they confirm it was valid anyway ? You're perfectly entitled to sign with a cross if you wish that to be your signature ! ). I suspect they plan to use the signature to forge something.

3. So it's OK for the RK to pay the fake invoice but not appeal it.

Fantasy land - that's where Excel clearly live.

Stroma

Complete and utter garbage, if you are the registered keeper then you are entitled to deal with this, that is what the Protection of Freedoms Act 2012 is all about, keeper liability!

I would write back to them and tell them that they must give the popla code or drop the spurious charge, they can't pick and choose what they use from pofa 2012, they must abide by every single letter. The same as the BPA Code of Practice.

I would write a complaint to the sycophants at the bpa below as well aos@britishparking.co.uk they will probably do nothing but its another complaint, the email you send to the dvla cc the bpa as well.

munchies2013

thanks very very much guys, I know I wondered why they needed the driver details as all the other threads I have looked into have specified that the driver should be a very grey area so I was surprised to receive this letter.

I will send another e-mail in response and will come back with my findings, they have now bumped up the price to the full £100 from the original £60 but I am determined to get this sorted.

Either way I have definitely learnt my lesson!

Coupon-mad

Read other Excel threads by searching the forum. This happens every time, you always have to insist on a POPLA code from Excel - but they are not allowed to say an appeal has to come from the driver.

Should also report them to the BPA and the DVLA using the email addresses shown here:

https://forums.moneysavingexpert.com/discussion/comment/62837083#Comment_62837083

HTH, get that code and get them into trouble/sanctions too.