yup its peel centre again

noney82

how does this look to send to the dvla and the british parking. feel free to amend any points

To Whom it may concern,

I'm writing to you as i was advised to regarding a parking fine i have received from excel parking. i have attached a copy of the letter i have received. As you can see the letter is dated 24/10/2013 yet the fine is dated back to 31/3/2013, on the given day of the paking event the driver was visiting the peel centre retail park. The driver was taking thier family to KFC, on entering the restaurant the driver asked a member of staff about parking and was told that they have 2 bays at the side of the building nothing was mentioned about a time limit or being required to purchase a ticket. the spaces are clearly defined as being separate from the rest of the car park spaces, again no mention of having to purchase a ticket. The driver moved the car from a normal parking spot and parked it in the KFC bay. The signs here allude to a maximum stay of 15 mins, but with young children it is near impossible to enter a car park, park up, remove children from the car,enter KFC, order food, wait for food, find a seat, and get 3 young children to wolf their food down all in side 15 minuets With it being Easter Sunday at 18:12 the thought of the need to purchase a ticket never crossed the drivers mind as it was assumed this car park was run by Stockport council and their chargeable hours are 08:00-18:00 Mon-sun. Then 7 months later we receive a invoice for £60 if paid within 14 days.


I hope this is better

Coupon-mad

Amend it to get rid of implying who was driving or you lose the ENTIRE argument that the NTK is late! Have you not picked up from my suggested letter that you are arguing as the registered keeper that there is no registered keeper liability?! So you can't infer who was driving, to the BPA (who are on the PPCs side!).

Also it's not a fine, it's an invoice (a 'fake PCN' we call it here).

Also it's not a contravention, it's a 'parking event'.

Please amend your post above and other posts (the first one!) to say 'we' or 'the driver'.

noney82

Coupon-mad wrote: »

Amend it to get rid of inferring who was driving or you lose the ENTIRE argument that the NTK is late! Have you not picked up from my suggested letter that you are arguing as the registered keeper that there is no registered keeper liability?! So you can't infer who was driving, to the BPA (who are on the PPCs side!).

Also it's not a fine, it's an invoice (a 'fake PCN' we call it here).

Also it's not a contravention, it's a 'parking event'.

Please amend your post above and other posts (the first one!) to say 'we' or 'the driver'.

Thank you, sorry letters and legal stuff was never my stong point, maybe i should of listened more in school.

Coupon-mad

noney82 wrote: »

Thank you, sorry letters and legal stuff was never my stong point, maybe i should of listened more in school.

Maybe you should have! And yes I work in a school! :rotfl:

noney82

Coupon-mad wrote: »

Maybe you should have! And yes I work in a school! :rotfl:

haha im not that bad really, just when it comes to legal stuff. i have amended my letter, is it any better? thank you

Coupon-mad

Yep, maybe a tidy-up here and a suggested addition (as you shouldn't admit that the driver made any wrong assumption about Council stuff which is irrelevant):

'3 young children to wolf their food down all in side 15 minutes. [STRIKE]minuets[/STRIKE] [STRIKE]With it being Easter Sunday at 18:12 the thought of the need to purchase a ticket never crossed the drivers mind as it was assumed this car park was run by Stockport council and their chargeable hours are 08:00-18:00 Mon-sun.[/STRIKE] The driver has revisited the car park and it's evident that your signs have been changed since the Spring, so clearly you admit that the signage at the Peel Centre was inadequate, as was exposed by District Judge Lateef in Excel v Cutts and extensively covered on BBC's Watchdog programme.

I have complained to the BPA about an AOS member randomly sending out a Notice purporting to be in accordance with POFA 2012, many months too late to establish keeper liability. No doubt you will hear from the BPA about this but if you reject my challenge of course I expect the POPLA appeal stage that your Notice mentions.*

yours,




*does the latest Notice mention POPLA? Check the back, all the small print.

Does the Notice mention the Protection of Freedoms Act 2012?

Does it say anywhere that the registered keeper will be liable if they do not name the driver?

noney82

Sorry for the late reply, internet went down and its my only access to the web. I have amended the letter and if it is ok i shall forward it to excel, bca and the dvla.

i would like to thank you for all your help it is greatly appreciated.

To Whom it may concern,

I'm writing to you as i was advised to regarding a parking fine i have received from excel parking. i have attached a copy of the letter i have received. As you can see the letter is dated 24/10/2013 yet the fine is dated back to 31/3/2013, on the given day of the paking event the driver was visiting the peel centre retail park. The driver was taking thier family to KFC, on entering the restaurant the driver asked a member of staff about parking and was told that they have 2 bays at the side of the building nothing was mentioned about a time limit or being required to purchase a ticket. the spaces are clearly defined as being separate from the rest of the car park spaces, again no mention of having to purchase a ticket. The driver moved the car from a normal parking spot and parked it in the KFC bay. The signs here allude to a maximum stay of 15 mins, but with young children it is near impossible to enter a car park, park up, remove children from the car,enter KFC, order food, wait for food, find a seat, and get 3 young children to wolf their food down all in side 15 minuets.

The driver has revisited the car park and it's evident that your signs have been changed since the Spring, so clearly you admit that the signage at the Peel Centre was inadequate, as was exposed by District Judge Lateef in Excel v Cutts and extensively covered on BBC's Watchdog programme.

I have complained to the BPA about an AOS member randomly sending out a Notice purporting to be in accordance with POFA 2012, many months too late to establish keeper liability. No doubt you will hear from the BPA about this but if you reject my challenge of course I expect the POPLA appeal stage that your Notice mentions.

yours,
donald duck

does the latest Notice mention POPLA? Check the back, all the small print. YES

Does the Notice mention the Protection of Freedoms Act 2012? YES

Does it say anywhere that the registered keeper will be liable if they do not name the driver? YES

Coupon-mad

It's good that the NTK mentions all that stuff because it means the BPA and DVLA should be moved to investigate this misleading, late Notice.

[STRIKE]The driver moved the car from a normal parking spot and parked it in the KFC bay. [/STRIKE]The signs here allude to a maximum stay of 15 mins, but do not state the terms & conditions nor mention parking charges/breach of contract risk. And the entrance signs at the Peel Centre are not relevant to any contract at those KFC spaces either, because that area is not pay and display and simply is not covered by the t&cs for the rest of the car park. I am sure that POPLA and the BPA Ltd will agree that, where there is a specific 'non-Pay and Display area' for a takeaway or drive-thru within a P&D car park, then the parking company must clearly sign each separate area with full t&cs otherwise there simply is no enforceable contract created at all around the takeaway. A visitor cannot be left to guess as to any repercussions caused if delays in the KFC cause the visitors' car to remain in the specifically-free car park spaces for longer than the ridiculously short time period 'allowed'. And with young children it is near impossible to enter a car park, park up, remove children from the car,enter KFC, order food, wait for food, find a seat, and get 3 young children to wolf their food down all in side 15 [STRIKE]minuets[/STRIKE] minutes.

Minutes not minuets!

And I have suggested a change in the wording as I have shown in bold. Get rid of any mention of having ever been in a normal parking spot.

If Excel don't allow email appeals then send it by post immediately of course, making it clear that a copy has already been sent as a complaint to the BPA and DVLA.

noney82

Coupon-mad wrote: »

It's good that the NTK mentions all that stuff because it means the BPA and DVLA should be moved to investigate this misleading, late Notice.



Minutes not minuets!

And I have suggested a change in the wording as I have shown in bold. Get rid of any mention of having ever been in a normal parking spot.

If Excel don't allow email appeals then send it by post immediately of course, making it clear that a copy has already been sent as a complaint to the BPA and DVLA.

we're getting there slowly , you are being most helpful, thank you.

noney82

To Whom it may concern,

I'm writing to you as i was advised to regarding a parking fine i have received from excel parking. i have attached a copy of the letter i have received. As you can see the letter is dated 24/10/2013 yet the fine is dated back to 31/3/2013, on the given day of the parking event the driver was visiting the peel centre retail park. The driver was taking their family to KFC, on entering the restaurant the driver asked a member of staff about parking and was told that they have 2 bays at the side of the building nothing was mentioned about a time limit or being required to purchase a ticket. the spaces are clearly defined as being separate from the rest of the car park spaces, again no mention of having to purchase a ticket. The signs here allude to a maximum stay of 15 mins, but do not state the terms & conditions nor mention parking charges/breach of contract risk. And the entrance signs at the Peel Centre are not relevant to any contract at those KFC spaces either, because that area is not pay and display and simply is not covered by the t&cs for the rest of the car park. I am sure that POPLA and the BPA Ltd will agree that, where there is a specific 'non-Pay and Display area' for a takeaway or drive-thru within a P&D car park, then the parking company must clearly sign each separate area with full t&cs otherwise there simply is no enforceable contract created at all around the takeaway. A visitor cannot be left to guess as to any repercussions caused if delays in the KFC cause the visitors' car to remain in the specifically-free car park spaces for longer than the ridiculously short time period 'allowed'. And with young children it is near impossible to enter a car park, park up, remove children from the car,enter KFC, order food, wait for food, find a seat, and get 3 young children to wolf their food down all in side 15 minutes.

The driver has revisited the car park and it's evident that your signs have been changed since the Spring, so clearly you admit that the signage at the Peel Centre was inadequate, as was exposed by District Judge Lateef in Excel v Cutts and extensively covered on BBC's Watchdog programme.

I have complained to the BPA about an AOS member randomly sending out a Notice purporting to be in accordance with POFA 2012, many months too late to establish keeper liability. No doubt you will hear from the BPA about this but if you reject my challenge of course I expect the POPLA appeal stage that your Notice mentions.

yours,
Donald Duck


Are the dvla not in breach of any kind of confidentially for supplying details to 3rd party companies?