Excel Parking - Retail Park UPDATED 17/12 Reply Received

ample_samples_1980

I have receivced an Invoice from Excel parking for Parking in a Retail Park without a ticket. Total time parked was 21 minutes - it was after 5pm and I didn't actually think you had to pay but saw someone else trying the machine, it was nearly 5.20 and I thought the shops closed at 5.30 (it was 5.45 they actually closed) so I just hurried and tried to put my 50pence in the machine and it wouldn't take it, and I had no more change. I went in to the sports shop to ask them to change a note and they said I had to buy something with cash to open the till. I had gone in there for some football trainers anyway, so I switched the football trainers on my card and left and left the car park as a) I had spent revenue in one of the retail stores, b) I STILL didn't have any change that would work in the machine and c) I had been 20 minutes and the shops were now shutting so had no where to get change from now anyway.

I have photographed the ticket (do you guys need to see it?), I know it's usually posted on pepieoo forums but I can't get access to those right now (is it down or is my works servers blocking it?? not sure) - or shall I just follow the links I have found in other threads and construct an appeal to send to Excel (Which they will no doubt refuse) then I send it on to POPLA with my code?? Can I do this all via email or do I need to do it in writing??

Usually in the past have just ignored these (never from excel, usually from one of the Asda supermarket ones, and they eventually stopped writing - which as it happens were currently in the process of ignoring for my husband overstaying on a 2 hour shopping trip IN THE STORE!) but it seem's excel are a little more agressive so I would rather just appeal to POPLA and hopefully get it overturned to save the hassle/annoyance of the constant letters (and I suppose the slight worry of ending up in court)

Oh also shall I go back to the carpark and get some shoddy signage pics for my appeal or is a written appeal sufficent?? I also read somewhere I should send a postal order for £2 with my appeal to Excel to cover the cost of reasonable losses - is that correct? I am on Day 14 from when it was posted (not when I received it!) if that makes a difference?

Thanks for any advice you can offer.

Guys_Dad

The current ASDA ticket - do not ignore and appeal instore to get it dismissed or write to ASDA Head office with a copy of receipt.

On this one, you can appeal but did the NtK arrive within 14 days of contravention?

Your soft appeal would be broken m/c not accepting money OR bad signage, but not both as they are contradictory. You can offer to make a payment and £2.50 to cover their DVLA fee. (Your case differs from overstays in a free car park as you do owe them something for parking and admin costs to trace you)

Quite right, ask for cancellation or POPLA code and then come back.

Incidentally, they did offer a 40% discount for prompt payment?

Coupon-mad

You should appeal to both PPCs, and complain to the Store Managers about both. NOT IGNORE. That was old advice.

ample_samples_1980

Guys_Dad wrote: »

The current ASDA ticket - do not ignore and appeal instore to get it dismissed or write to ASDA Head office with a copy of receipt.?

!!!!!! he ripped it up and through it in the bin - what would you suggest?

On this one, you can appeal but did the NtK arrive within 14 days of contravention??

It states Contravention Date as 30th Sept 2013, Issue Date of this Notice 09 October 2013, and it arrived on 14th or 15th October 2014 (can't remember now!)

Your soft appeal would be broken m/c not accepting money OR bad signage, but not both as they are contradictory. You can offer to make a payment and £2.50 to cover their DVLA fee. (Your case differs from overstays in a free car park as you do owe them something for parking and admin costs to trace you)?

OK thanks, will stick to the one I think is more viable.

Quite right, ask for cancellation or POPLA code and then come back.

Excellent will do thanks

Incidentally, they did offer a 40% discount for prompt payment?

£40 is paid within 14 Days or £60 within 28 days

ample_samples_1980

Coupon-mad wrote: »

You should appeal to both PPCs, and complain to the Store Managers about both. NOT IGNORE. That was old advice.

Yes unfortunatley I didn't realise the advice has changed and the Asda one has already gone in the bin so not sure what to do about that one - I don't know when his 28 days will be up or any details about the PPC

What is the success of the store managers overturning these now a days though as I my Asda used to say the charges were out of their hands and nothing to do with them!

Guys_Dad

?

£40 is paid within 14 Days or £60 within 28 days

But how much if you don't pay within 28 days? £100?

ample_samples_1980

Guys_Dad wrote: »

?
But how much if you don't pay within 28 days? £100?

Just leaving work, but had a quick look and it doesn't seem to say. Just says some bumf about what will happen if you don't pay in 28 days and what they will do and quotes loads of 'Sections' for various 'Acts'

Ill have a proper read when I get in, to make sure I haven't missed it and I will reply later on tonight. Thanks.

Any suggestion on what to do about the Binned Asda Ticket?

ample_samples_1980

sorry got tied up with the Kids last night so didn't get chance to post. There is no where on the letter that states how much it will be if I don't pay before the 28 days. All it states is if I pais within 14 days (which I didn't) it would be £40 and if I paid in 28 days it would be £60. The only section that refers what will happen if I don't pay before the 28 days is up states the following

IMPORTANT : If, after 28 days of the issue date of this Parking Charge Notice, payment has not been made in full or we are not provided with the full name and a current servicable address of the driver of the vehicle, we may have the right to recover any unpaid parking charges from the Registered Keeper. This warning is given under Paragraph 9 (2) (f) of Schedule 4 of the Protection of Freedoms Act (POFA) 2012 and is subject to our compliance with the applicable conditions under Schedule 4 of that Act. If you are the Vehicle Keeper and you have not received this Notice by the 14th day after the Contravention Date stated above, our rights under POFA 2012 no longer apply. This Notice will be deemed to have been served on the second working day after posting unless the contary is proved.

Methods of Payment AND details of the appeal.challenge procedure are set out on the back of this Notic. Deleys or losses in the post are at the motorist's risk

How can the motorist be held responsible for not receiving a letter that are not expecting to get? Silly.

I will start working on my soft appeal, copy it all here and then email it to them if some kind person could give the go ahead please?

Also can anyone advise the best course of action to take re the missing parking charge from Asda??

thanks

jeanraffio

ample_samples_1980 wrote: »

Also can anyone advise the best course of action to take re the missing parking charge from Asda??

Yes. here is what my plan would be:

1) Return back to the store at a quiet time and ask to speak to the store manager face to face. The Customer Services desk will try and fob you off (he's busy / use the contact form on the website / parking fines need to be dealt with the PPC etc etc). DON'T ALLOW THEM TO DO THIS. Demand to see him, get them to get him on the phone. When they start realising that you aren't going to walk away from that desk then they suddenly are able to get hold of him, amazing! The Store Manager CAN get these tickets cancelled with one simple phone call. So have your story ready and DEMAND he cancels it.

2) If this isn't possible, or you want to set the wheels in motion sooner, you need to write an extremely strongly worded email to ASDA themselves (containing your PCN number and reg). Concentrate on these areas:

- Didn't see the signage
- No estimation of loss for the ticket
- Disgust that ASDA are employing these companies to trap genuine customers with 'fake' 'fines'.
- Point out that a company they are working with are using legislation incorrectly
- Your experiences with dealing with CS instore and how useless / not bothered they were by a genuine customers issue with the store
- Threaten no further usage of ASDA from yourself, friends and family
- You will make the press, social media forums / twitter / facebook etc all aware of these practices by ASDA

Finally, DEMAND (don't put a wishy washy 'please may you cancel it') that ASDA cancel the charge.

Find out the email addresses (google is your friend) of their CEO, Board members etc and copy them into the email you send along with the regular customer services. Address the email directly to these people, cc'ing in CS.

Await responses. If no response within 48 hours, chase this up again by email.

Feel free to ask them about (expose) these practices on their Facebook page, noting that you have a complaint in.

Sit back and see what they say. If it's a no, re-appeal to them whilst stepping up the public shaming.

Bear in mind:

a) The aim here is to cause a stink. Be aggressive and forthright. Shout loud and long. Chase people up.
b) Be prepared to follow up your threats of exposing this practice in public forums.

ASDA CAN get these tickets cancelled for you right up until court action, so persevere.

And most importantly, follow all the advice on here on going through the soft appeal / POPLA appeal whilst this is happening.

ample_samples_1980

Thanks jeanraffio - the only problem is with regards to the Asda one is I don't have the PCN details as the ticket was binned and I don't think they send another one untill after the 28 days meaning we have missed the chance for Soft appeal I think? All I know is, it is Town and City Parking who issued it.

As a side note.....asda have locked down their "post to page" section on facebook. Cheek.

Coupon-mad

Complain to the Store Manager at Asda anyway and ask them to phone up with you car reg to cancel the ticket. If he/she won't cancel it (and WHY NOT?? as you were shopping!!) ask them to phone up purely for the purpose of getting the ticket number to at least enable you to appeal in time.

Don't be fobbed off with 'if we had your ticket numbr I could cancel it' nor 'this is nothing to do with us' nor 'we don't own the car park' (= a lie). Your car reg number and the approx date is bound to be enough for the Manager to give Smart over the phone, to locate the ticket number.