Parking charge Excell stockport

djgazza

i have recived not 1 but 2 parking charges for the same day from excel parking, iv read somehwere that as its an anpr camera the letter must be sent within 14 days of the 'offence' does anybody know if this is true?
if not how i go about appealing this?
many thanks
gary :-)

Redx

plenty of info about the PPC excel and also about the PEEL centre on here , try the search button

also read the sticky threads at the top of the forum as you are not the first and certainly wont be the last, especially for that car park

Hovite_2

You need to read this thread :

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

And yes, if there was no notice to driver on the windscreen Excel have 14 days to get the Notice to Keeper to you if they used ANPR.

4consumerrights

Where ANPR is used then indeed the notice must arrive by day 14 following the day of the event:

Did you visit the place twice in one day?

Read this sticky thread which explains what to do and terminology and then come back with any questions or how to appeal.

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

djgazza

hi yea we visited the store twice my partner drove the first time and spotted a bargain

djgazza

i have a letter here and wondered if this is any good?

Dear Sir/Madam


I refer to your Contractual Parking Charge Notice number: Xxxxxxxx Dated: 20/11/2013

I am unable to confirm at this stage if I was the driver of the vehicle at the date shown and I am aware that i do not have to name the driver. I cannot think of any action of mine that may have contributed to the alleged contractual contravention and cannot remember entering into any parking contract with you. As such I am denying all liability to your company.


I am therefore unable to make an informed appeal against the circumstances since I am unsure if it was me that agreed any contract with you, although I certainly don't recall doing so. I am unwilling to make any payment on notification from a company I do not know, for an amount I cannot remember agreeing to, on a contract I didn't have any knowledge of.

I will not make payment for any speculative demand without proof of the existence of any supposed contract between us, and your legal right to make such a contract with me in the first place. If you would kindly send details as follows I will then be able to properly consider this matter fully and my own liability for any alleged contractual breach:

Proof of your right to make a contract with a driver using the said car park facility. This to be in the form of landowner rights such as a copy of the land deeds, any contract with the landowner giving you the right of occupation of the land rather than a right of access for monitoring the said area, or a lease agreement for the land in question.

A copy of the contract between yourself and the landlord showing your responsibilities in monitoring the car park on their behalf, and your right to pursue any matter to legal proceedings if no payment is forthcoming.

A copy of any contract that you allege exists between yourself or landowner client and me; such contract to be shown to have been properly offered and then accepted by me or any other driver who may have been involved in this matter.

The reasoning of the alleged contravention. Please advise as to whether this alleged offence was supposedly for a Breach of a Contractual Parking arrangement or for Trespass. If no contractual agreement was made or accepted by either party, then an explanation as to why you consider trespass was committed in an area where there is free access by the landowner to members of the public.

In the unlikely event that you do have full rights to make contracts with individual drivers, either on behalf of the landowner, or at your own behest due to some contractual arrangement with your client, then I need a breakdown of what charges have been made in connection with the alleged contravention or trespass and how they have been calculated in accordance with the necessity to make a charge for a known financial loss to the landowner.
I am aware of the legal aspects of the monitoring of such premises and am keen to avoid any doubt as to whether or not you have a legal right to demand payment, and whether I am equally liable to make that payment as demanded.

I am also aware of the existence of various cases in courts which have shown that the vast majority of such demands are made by companies who have no authority to make them in the first place, so I need to remove that doubt in this case to progress it any further.

Failure to provide the information requested in support of your claim will mean that I will not consider this particular charge to have any merit and will therefore refuse payment accordingly. It may also carry the consequence of a complaint being made for harassment if demands continue in any form if you do not send me the information requested.

Furthermore, should you reject this challenge I require within 35 days, a popla verification code in order to appeal independently, per Version 2 of the BPA Code of Practice. I will not respond to any further correspondence from your company if it fails to include the relevant and correct popla code. This appeal will be deemed accepted if there is no popla code on any rejection that you supply within the time frame stipulated above.

Yours faithfully....

Hovite_2

Remove the first two paragraphs and re-write them as a single one BUT not saying you do not know who was driving but rather that the Registered Keeper accepts no liability as the RK believes Excel have no legal right to issue the charge.

The rest of the letter you need to remove the "I"s and "me"s and replace as "The Registered Keeper". Always write in the third person.

Coupon-mad

Wouldn't it have been easier to just use a short appeal as linked in the sticky thread for newbies rather than a months-old template?

Using words like 'unable to make an informed appeal' is handing an excuse to Excel on a plate, to wait 28 days and say you never actually appealed in time. Don't send that old version. Just read the link already given & the links about appeals on it.

Also as already advised, please just search the forum for the keyword 'Peel' as this car park has been discussed to death every month all year. You'd find appeals, POPLA appeals, all of it on other Peel threads with one search. Use the 'search this forum' heading immediately above the top sticky threads on the first page of this parking board (to the right of Forum Tools).

djgazza

Which appeal letter is best coupon I'm lost there are so many!
Thanks

Coupon-mad

Just a short one as linked on the NEWBIES thread under appeals, I reckon.