Middlesbrough Leisure Park - Excel

Umkomaas

I was thinking I might send the PCC an "appeal" but basically pointing out all their faults with their signage, and them saying they are BPA approved but are in no way following their codes of practise, maybe pushing them into just cancelling the fake PCN?

Not a snowball's chance in hell. They will have had any number of that type of appeal before and I'd bet a pound to a penny not one has succeeded on that basis. It's not in their psyche, it's not in their business model, and, most importantly, it's not going be in their bank account, so they won't - period.

Be patient and wait for the NtK - this is by far a better method of getting the charge cancelled - first stage appeal (after receipt of NtK) to the PPC (for inevitable rejection) and it's at this point they should provide you with a POPLA code. Then you're in business and we can guide you further then.

HTH

michaelalou

Ok thank you. It says on my ticket to appeal within 14 days of notice issue date otherwise they will not be upheld, does this mean they can refuse to provide me with a POPLA code?

nigelbb

michaelalou wrote: »

Ok thank you. It says on my ticket to appeal within 14 days of notice issue date otherwise they will not be upheld, does this mean they can refuse to provide me with a POPLA code?

The 14 day time period for appeals is quite arbitrary. Some PPCs only allow seven days. However the BPA Ltd Code of Practice states:-

22.7 We consider it a reasonable timescale to allow 28 days from the issue of the parking charge notice (in whatever format you send it) to allow the driver, keeper or hirer to challenge the enforcement action.

Only allowing 14 days to appeal is half what the CoP describes as "reasonable" so is clearly "unreasonable".

Coupon-mad

michaelalou wrote: »

Ok thank you. It says on my ticket to appeal within 14 days of notice issue date otherwise they will not be upheld, does this mean they can refuse to provide me with a POPLA code?

Nope they can't. Because when you appeal to the Notice to Keeper you will be writing as 'the registered keeper' and talking about 'the driver' and 'the car' ONLY in the third person - as you will see when you read any other threads while you are waiting. And you should be reading other new threads on page one/two of this parking board, every day or two if you can! You will soon get the gist of why we advise what we do and will learn about how to appeal, as well as about POPLA stage.

The 'ticket' (stop taking it soooo seriously BTW!) is addressed to the driver and despite what it says, for your best way to win this you MUST NOT respond as the driver nor imply who that was when you do finally respond. Please take our advice and sit tight and concentrate on complaining first.

Are you saying that when you simply put the full name of the Retail Park (and nothing else) into Google, the results going back a few pages do not include any local newspaper articles about the place and no retail blurb nor 'units for sale' or anything else giving any contact details at all?

michaelalou

Thank you again to everyone for all of your advice :T

The only thing I can find when I put the name in google is details for the specific shops. There is an address for the leisure park but no contact name and no telephone number, I wouldn't want to write without knowing who I am writing to. Nothing regarding units for sale or anything, probably because it's quite a small leisure park. I have a feeling that it belongs to the council even though they told me otherwise/might have misunderstood what I'd asked.

I sent emails to all the shops yesterday complaining and I've also sent an email to the BPA telling them that Excel are in breach of their code of practice. They've asked me for evidence which I'm going to send today. I'm going to email Middlesbrough Council as well.

michaelalou

Hi All

Just a quick update, I've had email responses from Middlesbrough Council, Subway, and McDonalds.

Middlesbrough Council basically stated it's nothing to do with them, that the land is privately owned but did not state by whom. I imagine they would not divulge this information to me.

Subway again stated they have no authority over the car park, but did say they would make contact with Excel outlaying my concerns.

McDonalds stated it has nothing to do with them and sorry if this causes disappointment.

I'm still waiting to hear from Nando's, Starters and Cineworld...

I did also get a response from AOS stating that Excel are having the signs replaced and that was it.

Hovite_2

michaelalou wrote: »

Hi All

Just a quick update, I've had email responses from Middlesbrough Council, Subway, and McDonalds.

Middlesbrough Council basically stated it's nothing to do with them, that the land is privately owned but did not state by whom. I imagine they would not divulge this information to me.

Subway again stated they have no authority over the car park, but did say they would make contact with Excel outlaying my concerns.

McDonalds stated it has nothing to do with them and sorry if this causes disappointment.

I'm still waiting to hear from Nando's, Starters and Cineworld...

I did also get a response from AOS stating that Excel are having the signs replaced and that was it.

Make sure you keep this gem of an email as evidence in your POPLA appeal !!!! Why on earth would Excel pay to have the signs replaced I wonder

michaelalou

Ooooh hank you Hovite! I didn't realise this was such a good piece of evidence until I thought about it for a bit haha!

michaelalou

I've just thought on, if this is case with Excel changing their signage, does this mean they are kind of admitting that every PCN they've issued until the signs change is invalid? I know they are invalid anyway but the reason I'm asking is after talking to friends about this I know a few people who received them in the past and paid them. Would there be anyway they could recover these charges? I'm aware that Excel probably won't give them their money back, but can the BPA or anyone else force them to?

Umkomaas

michaelalou wrote: »

I've just thought on, if this is case with Excel changing their signage, does this mean they are kind of admitting that every PCN they've issued until the signs change is invalid? I know they are invalid anyway but the reason I'm asking is after talking to friends about this I know a few people who received them in the past and paid them. Would there be anyway they could recover these charges? I'm aware that Excel probably won't give them their money back, but can the BPA or anyone else force them to?

BPA - nah, hell more likely to freeze over than the BPA doing anything to a member of their cosy little club.

Small Claims Court possibly, but a lottery. Given the fact they have paid it unchallenged, more than likely will be taken that they 'agreed' it in the first place.

Best thing to advise your friends is that they should make sure they either play by the rules of the car park (they'll never get a ticket again) - avoidance strategy -, or if they do fall foul of a PPC in the future, come and read the parking forums to help them develop a case against the PPC.

One of life's learning opportunities has already visited them - and they've paid for it!