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Parking Charge - Excel Parking - Stockport Peele Centre
Comments
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Got a letter today, I was on my way out when I opened it. Ill scan it in when I get home.0
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Here is the letter... what do you think?0
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They say explicitly that the charge is that 'the driver was in breech.....'. Now, unless you are female ITGuy, you ain't going to be 'in breech' unless you were going to give birth in the car park :rotfl:. Jeez, who writes his crud!
I think the Parking Prankster would have had some fun with this if it had been written to him.
Anyway, later they say the T's & C's were breached (spelling correct this time :T), so for your POPLA appeal you've got the opportunity to use this confirmation from the horse's mouth to hit them with the magic bullet - damages, show me your pre-estimate of loss. BINGO!
Have a good read of the later pages of the POPLA Decisions sticky to get your head around POPLA stuff.
When you're ready with your draft, post it up here so we can help fine-tune it. Please keep an eye on your POPLA deadline - 28 days after the PPC's rejection of your appeal to them.
You might want to put a paragraph in your POPLA appeal Pranky-stylee asking how the PPC might think a man could biologically be 'in breech' - as in his radioactive spider or his cybermen computer invasion :rotfl:.
HTHPlease 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 -
POPLA is where you will now beat them:
https://forums.moneysavingexpert.com/discussion/comment/62180281#Comment_62180281PRIVATE '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 -
OK.. here's what I have so far for POPLA.. tell me if I have missed anything out?
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POPLA code: xxxxxxx
I (the REGISTERED KEEPER) am writing to you in reference to PCN ref xxxxx sent to the REGISTERED KEEPER of the vehicle xxxxxxx by Excel Parking for allegedly parking without displaying a valid ticket on xxxxxxxx
The REGISTERED KEEPER denies all liability for this alleged contravention on the grounds that there is insufficient signage surrounding the KFC establishment to constitute a contract.
The only sign at KFC is {see attached image of sign saying KFC parking 15 minutes}. Furthermore on entering the car park, there is no legible signs which allow a driver to notice and then read safely.
The PCN does not represent a genuine true pre-estimation of loss and is therefore punitive and a penality. It does not represent any form of loss on their part. On this basis, it should be rejected.
The supposed evidence (photographs of the vehicle's number plate) that the vehicle was parked beyond the allotted time allowed is circumstantial at best and could have been taken at any time, anyplace.
Nowhere on the PCN letter did they mention who the creditor is, [therefore the parking company has not met the keeper liability requirements] and therefore keeper liability does not apply. The parking company can therefore only pursue the driver. As the keeper of the vehicle, I decline, as is my right, to provide the name of the driver(s) at the time. As the parking company have neither named the driver(s) nor provided any evidence as to who the driver(s) were I submit I am not liable to any charge.
In addition to this, they state the driver was "in breech". I cannot comment on the status of the driver but how they could tell they are giving birth from the picture of the number plate I do not know.0 -
IT Guy ! I am ashamed of you, having spent my working life in IT. ! That appeal will get you a big fat OVERRULED!
You need to look at the POPLA Decisions thread and lots more threads on here.
The big winners at the moment are "no valid contract" and no pre-estimate of loss details and you can't include operating costs such as.....
Now, don't be a dumb IT user so to speak. You will be aware of "Please RTFM" ?
You need to do the same !!
Seriously, we will help, but please look at a few recent forum aided POPLA appeals and you will see what you need to add.
As far as breech goes, you could refer to its other meaning and suggest that it is implying they are staring down the barrel of your gun.0 -
I tried to include all the points discussed.. what's wrong with it?0
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Errrmmm...compare it to the link I gave you?! There are even examples on the forum of Peel Centre POPLA appeals already written, but pleeeease don't copy these verbatim; use the info and make it your own!
https://forums.moneysavingexpert.com/discussion/4488529 (a case where a person allegedly 'overstayed' getting a KFC at the Peel Centre)
https://forums.moneysavingexpert.com/discussion/comment/62187053#Comment_62187053 (a case where the person entered a partial car reg which Excel should have been able to match with the payment if they could be bothered. Not a Peel Centre one but has useful information for you to include about Excel going on public record as assuring the BBC that they check for drivers who may have input incorrect digits when paying. Tell POPLA that it will not be enough for Excel to show an 'electronic list of times when your full car reg was input' because the issue looks to have been possibly caused by a typo. So Excel will need to show all unmatched payments that day and explain why they made no manual checks to find such errors and match yours up, as their spokesperson said they do...).
HTHPRIVATE '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 -
OK.. here's what I have so far now. Restructured.. I had no idea they'd need it to be in essay format! I think I can add more points to it but I need to make sure it reads OK before adding to it.
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RE: POPLA code: xxxxxxx
I (the REGISTERED KEEPER) am writing to you in reference to PCN ref xxxxx sent to the REGISTERED KEEPER of the vehicle xxxxxxx by Excel Parking for allegedly parking without displaying a valid ticket on xxxxxxxx
I wrote to and challenged the notice on a number of issues and recieved a rejection with regards to the alleged contravention.
I am appealing this notice on the following grounds:
1. Lack of signage / no contract / grace period
2. Lack of sufficient viable evidence
3. No clear mention of who the creditor of the parking charge is
4. Innappropriate parking charge
1. Lack of signage / no contract / grace period
There was no contract between Excel Parking and the driver as there is insufficient signage surrounding the Kentucky Fried Chicken (KFC) establishment to constitute a contract.
The only sign at KFC is {see attached image of sign saying KFC parking 15 minutes}. Furthermore on entering the car park, there is no legible signs which allow a driver to notice and then read safely.
2. Lack of sufficient viable evidence
The supposed evidence (photographs of the vehicle's number plate) that the vehicle was parked beyond the allotted time allowed is circumstantial at best and could have been taken at any time, anyplace and is therefore not proof of any contravention of the alleged contract with the driver of the vehicle.
4. Innappropriate parking charge
The demand for £100 (£60 if paid by 14 days of the letter's date) has no relation to any loss suffered by the land owner.
Therefore the PCN does not represent a genuine true pre-estimation of loss and is therefore punitive and a penality. It does not represent any form of loss on their part. On this basis, it should be rejected.
The BPA code of practice states:
19.5 If the parking charge that the driver is being asked to pay
is for a breach of contract or act of trespass, this charge
must be based on the genuine pre-estimate of loss that
you suffer.
19.6 If your parking charge is based upon a contractually
agreed sum, that charge cannot be punitive or
unreasonable
I require Excel Parking to provide a detailed breakdown of how the amount of the 'charge' was arrived at. I am aware from court rulings and previous POPLA adjudications that the cost of running the business may not be included in these pre-estimate losses.
3. No clear mention of who the creditor of the parking charge is
Nowhere on the PCN letter did they mention who the creditor is, [therefore the parking company has not met the keeper liability requirements] and therefore keeper liability does not apply. The parking company can therefore only pursue the driver. As the keeper of the vehicle, I decline, as is my right, to provide the name of the driver(s) at the time. As the parking company have neither named the driver(s) nor provided any evidence as to who the driver(s) were I submit I am not liable to any charge.0 -
Getting there.
You need to make the point that you do not believe that the PPC has the right to charge you. They are not the landowner and you require them to produce a contract between them and the landowner that confers that right on them.
Again, if you look at the BPA AoS, that is a requirement there too that you can quote. Please look at other appeals for their detail. Here is a current work in progress that gives you some help, hopefully. https://forums.moneysavingexpert.com/discussion/4762557
And, yes, you need to spell things out as you are playing for money. They need it and they have done this before, whereas you haven't,
But we will help you get it in shape0
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