PCN for £60 Peel Centre - but what are my grounds for appeal?

stevestocky2012

Hi, like many others on this forum i have been sent a parking charge notice for £60 for the Peel Centre car park in Stockport. I know it is a pay & display car park as i've used it many times and paid every time, but on this occasion I drove into the car park with my wife and stayed in the car while she went into a couple of shops. I had no idea that they operated automatic number plate recognition which clocks you entering and leaving. Disgusted by the size of the fine more than anything, but what are my grounds for appeal? I understand that in recent years they have improved the signage, and if I’d read it I would probably know what the terms & conditions are. I want to appeal about the size of the fine, but not sure I really have any grounds to do this? Perhaps I could argue that Excel’s assertion that I “parked without displaying a valid ticket / permit” is not proven as the images of my car on their letter do not in any way show a parking spot being used (they just simply show my number plate, in complete darkness as it was in the evening and our car is black anyway!). As far as I am concerned I didn’t even ‘park-up’ in the traditional sense as I stayed in the car.

I’ve seen the ‘newbies’ list and know I could use the para below at the end of my appeal letter, but not too sure what grounds I should use in the opening of the letter.


Any help appreciated, thanks

'' My challenge is based on the assertion that your parking charge does not represent a genuine pre-estimate of loss to yourself or the landowner. In every case where a motorist has raised this issue, POPLA have accepted the appeal. You are therefore fully aware that there is no prospect of your charge being upheld. If you do reject the 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 you agree to pay these costs when I prevail. ''

Redx

read this https://forums.moneysavingexpert.com/discussion/4857799

and this https://forums.moneysavingexpert.com/discussion/4858211

also check the link I linked in the second thread to a relevant soft appeal wording

also look at the examples linked in the NEWBIES thread too

mitigation wont work, so a properly worded popla appeal is what always works in this case and car park

your definition of "parked up" is irrelevant, as far as they are concerned your vehicle was "stopped" on the private land that they oversee, you did not comply with their "rules" so they ticketed you as the anpr clocked you in and out and no ticket was bought at the machine where your reg number is entered , so fait accompli for them

in future, park up and tescos and have the wife "walk" from there, as its 3 hours free on there

Coupon-mad

Three threads already in the last 24 hours about the Peel Centre. Search the forum for the keyword 'Peel' and you can read loads and loads more and see how they worded their first appeal. We struggle to reply personally to every question but we can show you 'How to win at POPLA' (in the Newbies thread!) and will try to answer if you have queries later on.

I can just add that the opening of your letter simply needs a basic assertion that 'the driver' did not form any contract with Excel and the signs are not clear to assert that a person merely dropping off a passenger to shop, had to pay and display. Then say the charge is clearly not a genuine pre-estimate of loss and that you understand Excel are merely paid agents of the landowner so have no standing to allege any damages/loss at all. Then the bit you already quoted.

bondy_lad

i was in the peel centre a few times over xmas doing my preaching about the scum known as excell.it was amazing how many folk came up to me to say they had recieved a pcn from excell when in fact they had not parked up,,i noticed numerous drivers sat in there car without a p&d ticket,whilst their other half went into argos,,no doubt these folk are soon to recieve a pcn for being there over 15 minutes,,an absolutely fabulous ploy by excell using their anpr cameras to catch unsuspecting folk who stil believe that they require some form of ticket being placed on their windscreen,,,sadly as i was actually trying to educate the public about this scam,most of them i felt actually thought i worked for excell and was merely encouraging them to pay up and pay for parking there,some did heed my advice,,though i know several did not and would not listen,,since then on my visits i just observed and once again numerous cars without p&d tickets,,excell have a cracking scam going at the peel centre,,on one hand ,now, their signs could not be clearer,,but NOT as regards to how their anpr system works,,,best bet,,is to park elswhere,full stop.

Half_way

Disgusted by the size of the fine more than anything, but what are my grounds for appeal?

Lots, not a genuine pre estimate of loss is usually a good one for starters.