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** Excel Parking fine - To include bank statement or not? **

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Hi all, I've received a PCN from Excel and I know that the 'ignore them' rule has changed, so I'm after a bit of advice please...

I parked in Iceland and went to use the machine, which wasn't functioning, although there was no 'out of order' sign, so I proceeded to do my shopping and informed the cashier.

I only have one bit of the receipt, which omits the date and transaction ID, however, I have the transaction on my bank statement, albeit, this shows up a day later, should I include this in my appeal? I intend on using a format I think Coupon Mad put on another thread, I am not the registered keeper...

Should I include the bank statement or not?

Any advice welcomed please! Many thanks.
"I did then, what I knew then. And when I knew better, I did better"
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Comments

  • The_Slithy_Tove
    The_Slithy_Tove Posts: 4,097 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    CharleneUK wrote: »
    Should I include the bank statement or not?
    Only if you redact ALL other transactions, ALL balances, and your account details, i.e. most of it - just leave your name and the one line of the transaction. Only send a copy, never the original.

    Better still, challenge this in Iceland itself, and make them cancel it, rather that having to deal with the likes of Excel.
  • CharleneUK
    CharleneUK Posts: 3,206 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Thanks for this, good idea.

    I haven't thought about contacting Iceland actually, do you have any words of advice? Or should I simply explain their machine was not functioning and I spent way more than the minimum amount in order to park there? I'll search this forum as well to see if anyone else has done this, as it has left quite a sour taste in my mouth..

    Thanks again!
    "I did then, what I knew then. And when I knew better, I did better"
  • Coupon-mad
    Coupon-mad Posts: 151,827 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yep I would always complain to the Supermarket Store Manager first, armed with your proof of purchase and the offending fake PCN.

    If no joy then send a challenge like these:

    https://forums.moneysavingexpert.com/discussion/comment/62538357#Comment_62538357

    Do not give yourself away as the driver though. If you are not the registered keeper, if you can, do the appeals in the name of the registered keeper (if a family member). Excel are bad in that they often send a reply saying they 'have to know who was driving;' so try to pre-empt that as well by saying 'Do not send me a generic response pretending that I have to name the driver because I do not, and I am entitled to appeal to you and to POPLA.'

    Make sure your appeal has some challenge points about the machines not working and the signage being pants and the charge being obviously punitive rather than any estimate of loss. And enclose your redacted (no name showing & no a/c number) statement.
    PRIVATE '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 THREAD
  • CharleneUK
    CharleneUK Posts: 3,206 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Thanks so much for this! All noted!! Wish me luck :)

    xx
    "I did then, what I knew then. And when I knew better, I did better"
  • Coupon-mad
    Coupon-mad Posts: 151,827 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Good luck! I am not posting for 2 weeks now as the Coupon family are off to even sunnier climes! :D
    PRIVATE '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 THREAD
  • CharleneUK
    CharleneUK Posts: 3,206 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Thank you! And lucky you!! Have fun!!
    "I did then, what I knew then. And when I knew better, I did better"
  • CharleneUK
    CharleneUK Posts: 3,206 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Hi all, Iceland's response:

    Dear....,

    Thank you for contacting us about the parking fine that you received when you recently visited our store.

    I understand just how frustrating this can be, unfortunately as the car park is not managed by Iceland but by a company called Excel, it is not possible for us to remove or amend this fine on your behalf.

    Please contact Excel directly if you wish to discuss or appeal your fine.

    I am sorry for any disappointment and I do hope that your next Iceland experience is more pleasurable.

    Kind regards
    "I did then, what I knew then. And when I knew better, I did better"
  • spacey2012
    spacey2012 Posts: 5,836 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I would contact the local council and obtain the planning consent and rateable status of this car park.
    Then if it is zero rated for a free car park as most are to avoid the average rate of £11m/2 per annum plus water rates for drainage, ask the council why they are allowing them to claim free rateable allowance yet issue "charge notices" via an agent they have employed to "manage" the car park.

    Keep on at the council, write to local papers.
    Demand they pay their fair share in austerity Britain.
    Watch the parking company vanish once they realise they might owe years of back rates and committed fraud in the process.
    Everyone else, target your local car parks where these scammers operate.
    Be happy...;)
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Reply to them.

    Dear Iceland,

    I know who manages the car park. The question is who appointed them and does your contract with them leave you with no landowner rights re your customers?

    Yours faithfully.




    But they are obviously not interested, so maybe it's time to hit their Facebook page.

    As far as your appeal, wait till the Notice to Keeper, It is likely to be rejected so I would appeal saying that the ticket machine was out of action with no instruction as what to do. You informed the cashier who did not give any instruction as not to park.

    You have evidence (Bill and redacted bank statement) and trust that they will withdraw their charge.

    If they refuse, then we will help with your POPLA appeal.
  • Half_way
    Half_way Posts: 7,473 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If and only if it is Iceland's Car park ( could have some fun and games with this)
    Hi all, Iceland's response:

    Dear....,

    Thank you for contacting us about the parking fine that you received when you recently visited our store.

    I understand just how frustrating this can be, unfortunately as the car park is not managed by Iceland but by a company called Excel, it is not possible for us to remove or amend this fine on your behalf.

    Please contact Excel directly if you wish to discuss or appeal your fine.

    I am sorry for any disappointment and I do hope that your next Iceland experience is more pleasurable.

    Kind regards
    reply...
    Thank you for the reply regarding the fine in your car park, issued by your agents Excell parking.
    Your legal department should be able to confirm that private companies, such as yourselves have no legal authority to issue fines or penalties. Further more you are liable and responsible for the actions of your agents, in this case, Excel parking.
    Personally I find the letters received from your agents on your beahlaf, Excel Parking to be incredibly intimidating at best, and possibly verging on Harassment ( and demanding money with menaces ) at the other end of the scale.
    Therefore you must mow demand that your agents, Excel parking ( for whose actions you are responsible for) cancel this unlawful penalty/fine with immediate effect, and give assurances that this will never happen again.
    etc etc

    you may want to include this bit of info.
    http://www.thisishullandeastriding.co.uk/Clamped-driver-sues-firm-hired-clampers/story-11962039-detail/story.html#axzz2auHU2q5n

    Note the above can only be used if it is Iceland's car park, and its not a shared car park on a multiple unit retail estate.
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
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