Excel Parking - Stockport Peel Centre KFC

anything-for-nothing

Hi.

I received my first ever parking ticket (after reading a lot of forum I guess we shouldn't call it a ticket)

Anyway I went to the KFC at the Peel Centre in Stockport for my dinner and end up queuing for ages. So by the time I had eaten my dinner I had over stayed the 15 min limit in the KFC Parking bay.

I didn't get a ticket on my windscreen so thought nothing of it until I received a letter from Excel Parking Services Limited which show the image of my car entering and leaving the car park and the amount of time I stayed. I have posted a link to the letter below

s10.postimg.org/f96dmgep5/PCN_20130710_Front_detailsremoved.jpg

s17.postimg.org/641z6r2fj/PCN_20130710_Rear_detailsremoved.jpg

So obviously I think this is completely out of order that I can't get my dinner without facing a parking charge like this. The thing is if I knew I was going to be queuing for as long as I did I would have bought a ticket.

So I've read a few website and I intend to send them the following letter and was just after some advise from somebody who has dealt with them in the past to see if this is the correct course of action and what will happen next.

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Start of letter

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Dear Sit or Madam,


I am writing to you regarding parking charge xxxxxxxx issued to vehicle
XXXX XXX on xx/xx/2013, your charge is punitive and unenforceable. I require you to either cancel the charge forthwith or provide me with a POPLA code so that I can refer the matter to POPLA.

Yours faithfully

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End of letter

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Coupon-mad

I think I would add that the signs are not compliant with the BPA Code of Practice, at the entrance and at the KFC separate parking area. Signage will be a main point in your POPLA appeal so I would add it into this appeal now as I know from other threads that Excel are rubbish with handling appeals properly and sending a POPLA code.

See this thread (not the bit about the fact it's a lease car, just the fact it's yet another one at the Peel Centre):

http://forums.moneysavingexpert.com/....php?t=4488529

Come back when you get your POPLA code but you may have to reply to Excel a second time as they are SHOCKING at telling lies and saying you have to name the driver...which you DO NOT.

In fact you could cover that in your first appeal if you word it well, saying summat like:

'This is my appeal as the registered keeper in response to your letter. I do not have to name the driver so don't waste your time and mine with a non-compliant letter pretending I must name the driver. Cut out the tricks and send me a POPLA code or cancel this fake PCN because your signs in the car park are as bad as they were when you lost in Court against Martin Cutts.

At the KFC area in particular the signs do not have the terms & conditions and drivers are reliant upon there not being any queues or delays (which there were on that day) when ordering a meal then driving out, all apparently to be achieved within your arbitrary few minutes before enforcement. And I am aware that your cameras are remotely positioned back at the entrance/exit of the main car park of course which proves nothing at all about parking time outside KFC. This is sharp practice, seeing as this is not signposted clearly at all in the KFC car park area and the first a registered keeper knows about the matter is when receiving your letter impersonating a parking ticket. If you want people to pay to wait for or eat a takeaway, you need to put pay & display machines at driver's window height and full t&cs completely separately at the KFC car park otherwise your signage is simply non-compliant.

In addition, at POPLA I will evidence that you have suffered no loss whatsoever, your charge is punitive and unenforceable and your Notice to Keeper is flawed too.

I look forward to explaining more at POPLA stage at your expense, or you can cancel it. Please also note that you are obliged by law to consider my appeal as I am the registered keeper; you cannot insist on hearing from the driver in any appeal. If you do send me a random letter demanding the driver's name and not including details of how to appeal to POPLA, including the 10 digit verification code in your first response, I will send a copy of it with an official complaint to the BPA and the DVLA AOS compliance team. I know you have previously been banned by the DVLA for non-compliance so you are no strangers to investigations of that type. Other AOS members can comply so why are Excel becoming known to use delaying tactics and misrepresent the position?

POPLA Code please, by return.


NAME (DO NOT SIGN)'



That might save you having to write twice just to get the POPLA code.:)

Guys_Dad

Furthermore, I would add that the driver was queuing and eating at the KFC for the whole time.

If they don't believe that, then say you were queuing for 5 minutes, eating for 20 minutes and throwing up for the rest of the time after eating.

They will believe that and cancel your ticket for sure !!

But seriously, get the KFC to fry your ticket for you by contacting the PPC. Say you are a regular customer (helps if you are 22 stone plus) and you will take your business to McDonalds if they refuse.

anything-for-nothing

I'm in two minds if I should send a letter or just ignore them.

I think I could knock something up easy enough but people at work are saying to ignore it and all the letter they send and eventually they will stop.

What are your thoughts on ignoring the letters?

Cheers

AFN.

bazster

Better to send your letter, get a rejection, and then kill it by appealing it properly to POPLA. And you get the satisfaction of costing them £27+VAT.

Coupon-mad

anything-for-nothing wrote: »

I'm in two minds if I should send a letter or just ignore them.

I think I could knock something up easy enough but people at work are saying to ignore it and all the letter they send and eventually they will stop.

What are your thoughts on ignoring the letters?

Cheers

AFN.

If you ignore it you'd then be receiving threatograms and always have the possibility of them taking you to court (six years of concern!).

Your friends at work were right LAST YEAR (we all ignored fake PCNs this time last year, me included!) but what they don't realise is that the law has changed with the Protection of Fredoms Act 2012 and it has given some of these PPCs a bit of backbone. Firms are taking ignorers to small claims when they rarely did before - not that they are more likely to win but it makes it stressful whereas POPLA is not.

I expect your colleagues don't know that the registered keeper can now be liable even if they were not driving? And they won't know about POPLA and the fact that we can help you to win at that stage if Excel choose to fund that appeal rather than cancel it (they have to do one or the other).

All it will take is one or two strong emails/letters to Excel to get a POPLA code, and after all I have given you the wording already so there's no letter to even throw together, it's above for you to copy & paste! I wrote it strongly as I think there's a chance Excel will cancel rather than be forced to give a POPLA code to someone who clearly knows the score.

anything-for-nothing

Ok think i'll stick the letter in the post on Monday then. Thanks for your advice.

AFN

anything-for-nothing

Ok I sent my appeal via email this morning, my doesn't name the driver just myself as the registered keeper. The auto response they have sent states

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Please be advised that we acknowledge receipt of your email, and will be responding directly to you in due course. However, prior to doing so we require the following information in advance to enable us to process your appeal/challenge. If you have not already done so, please forward the following information as a matter of urgency, as we are unable to process your appeal/challenge without it:
1) ......
2) ......
3) The FULL NAME of the motorist.

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Do I need to reply again and tell them this isn't the case or just leave it as is a I told them I was the registered keeper?

Cheers

AFN

bazster

No, ignore that. It is a lie and is a trick to try and get you to name the driver. They have acknowledged receipt of your challenge and they must now either accept or reject it.

Coupon-mad

You said on another thread you now have your POPLA code?

So use a version of the appeal I linked here which quotes a Watchdog programme with an Excel spokesperson:

https://forums.moneysavingexpert.com/discussion/4745689

You should find the suitable Excel POPLA appeal wording linked on there.

Love_KFC,_Hate_PCNs

Hi All,

Coupon-mad hopefully you see this as you seem very clued up.

Are all the points of appeal still valid to this date and the letter you wrote above regarding KFC still affective?

many thanks in advance,
Ben.