PCN Excel Parking Services Middlesbrough Leisure Park

Saleem_J

Hi guys

I've been hit with one of these tickets on Monday Admittedly I parked in a blue bay (free for 4 hours if you use the facilities) and went to the job centre (literally across the road from Cineworld which is within the leisure park). I also didn't check for any signs which I know was stupid but I never do.

When I got back to the car (within an hour of parking there) I had a Parking Charge Notice on my window from Excel Parking Services Limited for "contravention code AO - left the leisure park". The attendant and another who had magically appeared both claimed to have seen me leave the leisure park. (the ticket also says it was filmed, not sure whether this is a handheld camera or cctv)

The fine is £60 if I pay within 14 days or £100 if I don't.

I've spent the last couple of days scouring the web and the most useful advice and threads I've seen have been on MSE. I'm aware that previously people were advised to just ignore it, however recently the law has changed and I shouldn't pay but at the same time I shouldn't ignore it?

If the fine was reasonable (£20-30) I would pay and admit fault, but I don't fancy shelling out £60/£100 if I don't have to.

Another thing I thought i'd mention is that its free to park in the white bays for 2 hours if you get a free ticket from the machine (didn't know this till I got home) incase that is of any use in an argument against the fine.

Also I thought it might be appropriate to mention that I was the driver, but I am not the registered keeper of the vehicle.

If anyone wants to see the ticket I can upload some photos as i don't have a scanner.

I was thinking that if it's worth appealing that my best grounds of appeal would be those mentioned in VCC v Ibotson. Namely that

(1) the attendant(s) should have stopped me and informed me of the fine if I left the leisure park, and mitigate losses for breach of contract

(2) the cost of the charge is not reasonable (to quote from the above case - JUDGE MciLWAINE: "Okay. Let's have a look here. Image processing costs you £2 per item,
29 image transfer costs you 52 pence, PCN costs, costs you 62 pence, a wallet costs you 37 pence")

(3) They don't have the legal standing to enforce the ticket on behalf of the land owner (not sure if this is the case or not)

(4) as argued by the defendant in the above case, the leisure park is not a gated area so there is no clearly defined boundary of what is considered to be within the leisure park.

Any advice is appreciated.

Coupon-mad

The attendant and another who had magically appeared both claimed to have seen me leave the leisure park. (the ticket also says it was filmed, not sure whether this is a handheld camera or cctv)

It isn't a fine, you will not be paying this.

The above shows that the employees failed to mitigate any loss if they gleefully watched you leave the site. If they are trying to allege breach of contract in law, they have a legal duty to mitigate their loss (as discussed in this case) well worth a read!!:

VCS v Ibbotson (also here and here)

And VCS and Excel are owned by the same 'fat cat', Simon Renshaw-Smith.

Wait for your Notice to Keeper THEN appeal (not now) as per the advice here:

https://forums.moneysavingexpert.com/discussion/4816822

Keep the 'ticket' safe and read/learn how you will win in the end at POPLA by reading other threads in the next month or so, while you wait for the NTK. Follow our advice and you will get it cancelled at POPLA stage - there will be no court in an appealed case so don't be put off by the Ibbotson case being a small claim - which was before we had the POPLA system. Win at POPLA with our help and the scam is over.

You could also complain right now to the Leisure Park Manager, as they can cancel these tickets at the outset if you are assertive.

HTH

Saleem_J

Coupon-mad wrote: »

You could also complain right now to the Leisure Park Manager, as they can cancel these tickets at the outset if you are assertive.

HTH

Thanks for the help. I'll read those links you gave. Also would you know how I go about finding the manager of the leisure park?

Coupon-mad

Yep, complaints to retail & leisure parks shown here:

https://forums.moneysavingexpert.com/discussion/4766249

In post #3 I give a template complaint letter and you should just Google the name of the leisure park to find a leaflet or newspaper article on the place. There will be a contact number or email for the manager somewhere online.

Saleem_J

Thanks a bunch!

Saleem_J

Ok i've searched google for the past few days as originally my intention was to complain to both the land owner of middlesbrough leisure park and the director of excel parking. My attempts have been fruitless

I've tried ringing middlesbrough council who don't know who owns the land, they've then passed me on to several different people and given me several numbers to ring. No one seems to know who owns the land (although one of the guys did sound as if he just wanted to get rid of me asap), i've looked at that thread you've just linked and the OP was in the same position as me - no contact details for middlesbrough leisure park (teesside leisure park is a different place).

I've then phoned the number for middlesbrough leisure park on the last page of that thread which is no longer in use (0114 264 8008) but funnily enough the number on the parking ticket i've got is 0114 242 1111. Perhaps excel do actually own this carpark?

Anyway I rang that number and the woman wanted my details and ticket number etc so I told her i don't have them on me and I can't remember the vehicle registration. I asked her for the landowners contact details and she said she can't release that to me because of data protection. I asked for her managers details and she gave me the same email address as was on the ticket cpo@excelparking.co.uk.

So no luck in finding out who the manager of the car park is, but seeing as she wouldn't disclose it to me, i'm thinking that excel don't own it :S

Guys_Dad

I would demand that they send you photographic evidence. They are required to do that by the BPA and POPLA rules.

They may have caught you leaving but does the evidence show that your passenger did not remain on site?

Saleem_J

Guys_Dad wrote: »

I would demand that they send you photographic evidence. They are required to do that by the BPA and POPLA rules.

They may have caught you leaving but does the evidence show that your passenger did not remain on site?

I didn't have a passenger ordinarily I would have my mum sit in the car/drive it away whilst i pop into town but on this occasion she couldn't.

How would i go about demanding the evidence if im not supposed to contact them tell i get my note to keeper?

Also should i still wait for that even though im the driver and not the keeper?

Thanks guys

Saleem_J

OK after letting my dad (the registered keeper) know of what i've been up to all day researching and taking on the advice recommended, he's told me he doesn't want to be harassed with the letters/courts summons/bailiff letters (even though they are likely to be fake) and he doesn't want any collectors coming round to the house.

That leaves me with two options i think, 1) appeal the ticket quoting reasons outlined in my first postto cancel it - and if rejected then pay the fine.

2) pay the reduced fine of £60.

I'm a little confused about the following: I recieved this "fine" on Monday, it gives me 14 days to pay for which its the reduced rate of £60 after which point it becomes £100. My question is that if I appeal i know the fine is put on hold, but does that mean i also exhaust the 14 day reduced payment period whilst waiting for their more than likely rejection?

Coupon-mad

Saleem_J wrote: »

OK after letting my dad (the registered keeper) know of what i've been up to all day researching and taking on the advice recommended, he's told me he doesn't want to be harassed with the letters/courts summons/bailiff letters (even though they are likely to be fake) and he doesn't want any collectors coming round to the house.

That leaves me with two options i think, 1) appeal the ticket quoting reasons outlined in my first postto cancel it - and if rejected then pay the fine.

2) pay the reduced fine of £60.

I'm a little confused about the following: I recieved this "fine" on Monday, it gives me 14 days to pay for which its the reduced rate of £60 after which point it becomes £100. My question is that if I appeal i know the fine is put on hold, but does that mean i also exhaust the 14 day reduced payment period whilst waiting for their more than likely rejection?

Oh jeez. None of that happens when you start the appeals process and win at POPLA, tell him to wise up on scams please.

Your options are none of the above. Wait for the Notice to Keeper. He can cope with one letter, yes?

Perhaps excel do actually own this carpark?

Pretty sure Excel do not own any car parks.

Guys_Dad

Guys_Dad wrote: »

I would demand that they send you photographic evidence. They are required to do that by the BPA and POPLA rules.

They may have caught you leaving but does the evidence show that your passenger did not remain on site?

Saleem_J wrote: »

I didn't have a passenger ordinarily I would have my mum sit in the car/drive it away whilst i pop into town but on this occasion she couldn't.

Sometimes people just can't be helped!