Excel - Snow Hill, Wolverhampton

Solomon_Broad

I've been sent a PCN from Excel Parking Services, for "Park[ing] without displaying a valid ticket/permit", through the post (an NtK). There's photographic evidence of my car entering and leaving the car park, but no evidence provided, either photographic or a witness statement, that I was actually parked without displaying a valid ticket. There wouldn't be, because I did pay for 1hr parking, and put the ticket on display in the windscreen as the back of the ticket instructed. I vacated the car park in within the allotted time. There was no windscreen ticket.

I live in England, this took place in England, the car is privately owned and I am over 18. I am the registered keeper of the vehicle.

So, on reading the threads, I need to soft appeal. I've compared the letter I received to POFA 2012 paragraph 9, and I can't see any discrepancies. Excel appear to have covered every aspect of POFA 2012.

A couple of ideas spring to mind - could I appeal on the grounds that they have provided me with no evidence that I wasn't displaying a ticket? Also, the ticket machine in question was the sort where you enter your full license plate code - could I argue that I possibly entered my license plate code incorrectly?

Front of NtK: http://postimg.org/image/tni96jdxb/
Rear of NtK: http://postimg.org/image/a6xjk0itb/

Umkomaas

Do you still have the ticket to check the registration number you typed in?

As Excel have the time of your entry on record you could write and ask them to check their records for that time of day for a reg number closely resembling yours as you might have made a slight input error.

Alternatively just whack off a soft appeal on the basis of:

Unclear signage
No genuine loss
No contract with landowner to issue charges

All above contained in the 'NEWBIES - READ THIS FIRST' sticky at the top of the forum, which is essential reading as it will explain everything you need to know to get rid of this charge.

HTH

Solomon_Broad

Umkomaas wrote: »

Do you still have the ticket to check the registration number you typed in?

Sadly, no.

How about the following?

To whom it may concern,

I am writing to you with regards to PCN No XXXXXXXX. I am the registered keeper of the vehicle and was issued with this disingenuous PCN.

In said PCN, you claim that the vehicle was parked without displaying a valid ticket / permit. Please provide myself with evidence that this was actually the case, perhaps photographic proof of the vehicle being parked at the site without a ticket / permit displayed.

I would also ask that you check the records of the machine that issues the parking tickets to ascertain whether the license plate details may have been entered into the machine incorrectly in error.

Furthermore, I want you to explain how the charge of £100 is accumulated, as there is no genuine loss that would account for anything remotely close to this amount. I also would like to point out that the signage is not clear or lit properly.

I ask that you cancel this charge or issue me with a POPLA code so that I may appeal.

Redx

some of the info in post #2 here https://forums.moneysavingexpert.com/discussion/4856810 needs adding in for a soft appeal , the format also looks better too

I would keep your mitigation in and ask for them to check the records of the ticket machine at around the time you first parked up (the first picture going in) , but make sure anything missing from that post #2 is also added

carrot and stick

Coupon-mad

That's very good, Solomon_Broad and you have clearly read the sticky info and are a couple of steps from winning this at POPLA now. If it were me I would prod Excel a little bit more about checking for a car reg typo, using this BBC Article from Watchdog Daily:

http://www.bbc.co.uk/programmes/p00zkz1k/features/private-parking

So you could quote Excel's own spokesperson, hit them with both barrels to try to get it cancelled right now:



To whom it may concern,

I am writing to you with regards to PCN No XXXXXXXX. I am the registered keeper of the vehicle and was issued with this disingenuous PCN. As keeper, I am fully entitled to appeal, as defined in para 22.14 of the BPA Code of Practice. The driver will not be identified in this appeal process and I have given below all the information I am prepared to include at this stage, so do not send me a template 'holding' reply. I require either a rejection letter and POPLA code or a letter confirming cancellation of the PCN, as your response.

In said PCN, you claim that the vehicle was parked without displaying a valid ticket / permit. Please provide myself with evidence that this was actually the case, perhaps photographic proof of the vehicle being parked at the site without a ticket/permit displayed.

The fact is that the driver did pay and display a ticket but it was then discarded, as there was no reason to expect a spurious invoice from you. I also would like to point out that the signage is not clear about entering a full car registration - nor is the signage lit properly.

I require you to thoroughly check the records of the machine that issues the parking tickets to ascertain whether the licence plate details may have been entered into the machine incorrectly in error. I suspect you have overlooked a small typo such as in the case highlighted on the BBC Consumer Scam/Rogue Trader Exposure Programme 'Watchdog Daily 'last year, where Excel's spokesperson assured the public:

''we do recognise that motorists may input an incorrect digit(s) of their VR number when purchasing a P&D ticket and as such our processing allows for a manual review/quality check of PCN’s before they are issued. Unfortunately, on this occasion our check failed to identify the...ticket.''

I suggest that your manual check failed again in this case with my car.

Show me your 'manual review/quality check' records for that car park on that day, relating to the hour of arrival. If you will not show this to me then you will have to show it to POPLA anyway, where I will also require you to explain how the charge of £100 is accumulated. There is no genuine loss that would account for anything remotely close to this amount.

If you have a landowner contract I suspect it may reveal that Excel are in fact paid for the 'service' you ostensibly provide to this landowner; if so then it will make it extremely difficult for you to allege you have made a loss. If you do show POPLA the unredacted contract, even if there is no payment made to Excel for your 'service' I contend that it does not grant you any assignment of title which would give Excel the legal standing to form contracts with drivers, nor will it allow you to pursue the matter in the courts in your own name. Excel are mere agents on this site.

In view of the above, Excel will be fully aware that there is no prospect of your charge being upheld by POPLA. I am aware from several cases in the public domain, that Excel apparently never supply an unredacted contract and never win a POPLA appeal where the appellant stages that the charge is not a genuine pre-estimate of loss.

Take formal Note:
If you do reject this challenge and insist upon taking the matter further I must inform you that I may claim my expenses from you and my time at the court rate of £18 per hour. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me - including wasting my time and your money taking the matter to POPLA - you agree to pay these costs when I prevail.

yours,


The registered keeper's name





Happy New Year Excel!

P.S. @Solomon_Broad, please don't read/panic/respond to the 'auto-response' from Excel when you submit your challenge online. It means nothing, relax and wait for cancellation or a POPLA code.

Solomon_Broad

Thank you all for your swift and valuable assistance. The letter to Excel is going into tomorrow's post, recorded delivery.

Redx

Solomon_Broad wrote: »

Thank you all for your swift and valuable assistance. The letter to Excel is going into tomorrow's post, recorded delivery.

dont send it recorded delivery, because they wont accept it (nobody here mentioned recorded delivery)

send it with proof of postage, obtained free at the post office

Coupon-mad

Agreed, not Recorded Delivery, a waste of your money when you just need a free 'certificate of posting' from the PO Counter for your records.

shazzza68

Solomon_Broad wrote: »

Thank you all for your swift and valuable assistance. The letter to Excel is going into tomorrow's post, recorded delivery.

i to have received a ticket from snowhill wolverhampton, wrote them a letter to explain, i paid but instaed of reg i put postcode in by mistake. blonde moment, now fine has jumped from £60 to £100 and has to be paid today,

Redx

shazzza68 wrote: »

i to have received a ticket from snowhill wolverhampton, wrote them a letter to explain, i paid but instaed of reg i put postcode in by mistake. blonde moment, now fine has jumped from £60 to £100 and has to be paid today,

please start your own NEW THREAD on the main forum so we can address your problems

blue NEW THREAD button , top left and bottom left or main forum , - click it

Solomon_Broad

So, I've finally received my POPLA code. I now need to use this to appeal. Is doing this as simple as replying with the wording here?

Thank you all again for your invaluable advice.