PCN help please!

Ozzyno5

Hello
I am new here and really looking for advice, I recently received a delightful letter from Excel stating they were charging me £60 (reduced to £40 if I pay within 14 days) for parking without displaying a valid ticket / permit.
The alleged offence took place on 20/10/2013 and the issue date of the notice is 29/10/2013.
The letter contains two photographs (Via ANPR) of my car entering the car park and leaving 19 minutes later.
I have done a bit of research and with changes in the law and changes in advice, I just would appreciate some up to date advice as to what to go for:
1) appeal, 2) pay up or 3) ignore?

Cheers!

Umkomaas

3) is definitely NOT a recommended course of action now
2) neither is this - but your money, your choice
1) more like it

But you do need to know what you are doing. Here's a link to a description of the process you will need to get some knowledge of and how to work through it. Get back if there's anything you don't understand.

http://forums.moneysavingexpert.com/showpost.php?p=63678135&postcount=3

HTH

Ozzyno5

Thanks Umkomaas, just a quick question. In your opinion, if the driver was never "parked" e.g. was sat in the car with the engine on and handbrake off. Is this a valid reason for not having a valid ticket/permit?

Guys_Dad

You used their facilities and it is irrelevant whether engine was on or off or if car was attended or not. So, guilty as charged.

Now put that aside. You must concentrate on the fact that the charge is out of proportion to "crime" and we have a strategy for dealing with this. Our POPLA decisions thread shows the way.

In addition, BPA code of practice says they must offer a 40% Discount which they appear not to have done.

So you need to appeal to the PPC saying that you are the keeper and that their charge breaches BPA guidelines on the discount point. In addition the driver reports that the signage was non BPA compliant and they never left the vehicle. Cancel charge or send a POPLA code.

Your appeal to the PPC will probably fail but it is the POPLA code you want. Come back when you get it.

Ozzyno5

Thanks Guys Dad. I thought that would be the case but wanted to check. Will be drafting an appeal letter today and as you say will await the inevitable rejection and POPLA code.

Ozzyno5

How does this read?

I have received a Parking Charge Notice from you dated: 29/10/2013, PCN reference: Xxxxxxxx.
As the registered keeper of the car I am writing to appeal this charge on the following grounds:

• Your charge breaches BPA guidelines by failing to offer at least a 40% discount of the full charge if payment is made within 14 days. (BPA references 19.7 and 34.6)
• The driver reports that the signage at the car park in question is non BPA compliant and they also never left the vehicle.

I am therefore requesting that you cancel this charge immediately, if you do not then I expect to receive a POPLA code for this matter and I will be taking it further from there.

Regards,

Guys_Dad

Looks OK to me but wait for a few more replies.

Come back when you get the reply and your POPLA appeal will begin with the lack of discount.

Umkomaas

Good enough to go for now, but Excel do drag their heels and often ask for more information to support an appeal, so not much point wasting too much time with this first one. The second one usually secures the POPLA code.

I think I'd be reminding them that they have 14 days to acknowledge the appeal and a total of 35 days to accept the appeal (and cancel the charge) or reject it and hand over a POPLA code.

It's not right what they are putting people through, but no matter what you write in your first appeal, it's unlikely to make them change.

Ozzyno5

Hello all

Finally received a appeal rejection yesterday - a full 35 days after i lodged it with them (6th November to 11th December).

So now have my POPLA docs to lodge an appeal.

Really :mad: that this has come through, I was hoping it was just disappearing as they hadn't got back in touch!

I would really appreciate any advice on how I tackle POPLA next!

Thanks

Ben

bod1467

Read the POPLA Decisions thread (start at the end), plus other POPLA Advice threads, and the NEWBIES thread. There are lots of appeal examples you can use. Create your own appeal and post it here for advice. (Redact any personal info).

Ozzyno5

Basically used a previous post and amended as necessary.

EDITED