PCN Excel Parking Services Middlesbrough Leisure Park

Folkiedave

Do me a favour and let me have your Dad's address so I can send him some fines and harass him until he pays them :-)

I need the money a lot more than SR-S.

Saleem_J

Thanks for the help so far guys I really appreciate it.

I don't want to seem like a pain in the !!!/ungrateful but in my culture it is extremely disrespectful to disobey your parents.

I understand that its one letter but my dad would prefer not to be hassled at all and he would also prefer I paid the fine and learned my lesson

Obviously I'm not happy to just roll over, so I do plan to appeal directly to Excel stating the grounds of appeal in my first post, making direct reference to the Ibbotson case and how the judges remarks are relevant to my situation, I've also been down to the car park today and taken some pictures, the 2 signs that are visible in a reasonable space that drivers could reasonably be expected to be aware of are at the entrances to the car park but they do not mention any fines for leaving said leisure park. The other sign that is there is on the wall outside a closeby tunnel to the middlesbrough football grounds, I don't think this sign has been reasonably placed and was not sufficiently brought to the attention of the driver (red hand rule in contract law?). In addition to the above I intend to finish with something along the lines of "if this challenge is not accepted, please provide me with my POPLA code as in accordance with BPA regulations so that I may consider further appeal and/or any legal action.

I've also recently graduated with a law degree so finishing off with my name LL.B should hopefully scare them?

P.s I phoned excel again today without disclosing any of my personal info and asked whats the situation regarding appeals and reduced charges, the guy told me that once an appeal is recieved the fine is put on hold, and if unsuccessful you have the remainder of whatever you had left of your 14 days to pay the reduced sum.

Again sorry if I seem to be wasting anyone's time. I am truly grateful for all the help i've recieved and i'll try to chip in where I can on MSE to help others with similar problems.

Here are the pics i've taken (can zoom in on my phone not sure if you can here)

(1st sign)

(2nd sign)

(3rd Sign at tunnel)

Guys_Dad

Saleem J - I have sent you a private message.

Saleem_J

Thanks. I've read it and replied but it doesnt show up in my sent messages.

Incase it hasn't sent, i'll take what you've said on board and discuss again today.

Cheers

Guys_Dad

Got your reply and sent another.

bod1467

FYI. Messages you've sent remain in your Outbox until the recipient reads them.

Saleem_J

Ok guys i need opinions/advice here, as the driver is not the registered keeper, should i contact the PPC and declare that i was the driver along with my soft appeal?

Coupon-mad

Normally NO.

But if your Dad can't cope with a letter then yes (he is hopelessly wrong about doorstepping and debt collectors/bailiffs though!). You can surely win this at POPLA. I showed you VCS v Ibbotson already for starters, above, did you like the transcript and judge's comments?! I think you will have fun with this!

Did you cover contract law in your law degree?! 'Breach of contract' allegation (which Excel's fake tickets are) = loss is the only thing that could be claimed (liquidated damages) and a claimant is under a legal duty to mitigate any loss.

Have a read of the POPLA decisions thread near the top of the forum and learn from the recent success after success at POPLA appeal, against any PPC where the appellant writes 'your charge is not a genuine pre-estimate of loss' and also challenges whether they have a landowner contract. Don't read the entire POPLA decisions thread, just start at the end (most recent posts and work backwards, NOT looking for Excel cases specifically as the arguments are the same).

Guys_Dad

Replies to the previous post needs to take into account post #13 which says
"I don't want to seem like a pain in the !!!/ungrateful but in my culture it is extremely disrespectful to disobey your parents.

I understand that its one letter but my dad would prefer not to be hassled at all and he would also prefer I paid the fine and learned my lesson "

If there is any danger that Dad will try to pay, I would tell him you are going to deal with it and write to the PPC saying you were the driver before the PPC sends a NtK to Dad.

Saleem_J

So if I can convince dad to sit back and let me handle it, i shouldn't contact excel at all until my dad recieves the NtK? not even to try the first appeal before taking it to POPLA?