Excel Parking - Advice wanted

stecast

Hi Everybody,


Just like to say what great information everybody are giving out in this forum, thanks to reading some of the posts I'm hoping to save my self at least £60


To cut a long storey short 20th Dec I took my registerd disabled farther and a friend shopping at Iceland, as I displayed my dad's blue badge in the car I did not buy a parking ticket.


Yesterday I received a parking fine from Excel, from what I have read on here it's a bog standard letter £60 if paid within 14 days, this was for parking for 23min without a ticket.


After looking round on here I found the template that I will slightly adjust to send them.




Dear ….,

As the registered keeper of (reg) I'm in receipt of your parking invoice xxxxxx dated xxxxxx. I wish to invoke your appeals process as all liability to you company is denied on the following:

1) this charge is not a genuine pre-estimate of loss
2) your signage does not comply with the BPA Code of Practice
3) you do not have the authority or permission to issue invoices at this location

These points and others will be raised with Popla should you not accept this appeal, and you will be expected to provide a full breakdown of of your alleged loss, and your full unredacted contract with the landowner.

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. 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.

Please issue your cancellation within 35 days of this letter

Faithfully

I'm just after a bit of advice before I send this to them, do I add that the car was displaying a blue parking badge while parked in the car park to the letter or is they a better template that could be used ?
Also do I mail this to them or post ? On the letter I received it says all complaints should be sent in writing but it gives me both a address and a E-Mail address.
Thanks in advance for your help and keep up the good work.

Redx

as this was a private car park, what does the signage actually say regarding BB holders ?

ie:- is it free to park for a BB holder ? if it is , how long for ?

if not, if there is a charge to pay, why was it not paid ? (how much should it have been ?)

was this in england and wales ?

stecast

Thanks for your reply Redx,


As of yet I do not know if it was free parking for BB holders, my mistake but at the time I just presumed it was so did not buy a ticket. I will be going in to town later on today so I will check.
I do not know the exact amount you pay as it has been over 5 years when I last went shopping here but it us to be £1 for a ticket that you claim back when you pay for your shopping.


I was in England

Redx

ok, well you and your father need to read the BB booklet that came with his BB, as the BB exemptions do not apply to private land or private car parks !

The EQUALITY ACT 2010 applies but then so do any rules regarding the use of the BB spaces they provided

this is why I cannot give you advice on the BB questions, mainly because you havent answered mine , it all depends on the signage and rules on that private car park as to if you use the BB argument or not, so further info is needed about the rules and signage that apply there

clearly they believe you broke their "rules" in not buying a ticket, hence the pcn

obviously you can use that soft appeal template to appeal and ignore any BB issues , just on the usual appeals process, then take it to popla , where you should win , probably on the not a gpeol which is what most people win on

so as to the BB questions, in my opinion it may be invalid , because you may have had to purchase a ticket

if its a free period for the BB holder, then we can add to your appeal , but need to know the exact rules of the signage, especially the BB rules

thanks

ps:- pictures of this signage will be a great help , to you and to us

stecast

Thanks Redx,


Think I will leave the disabled bit out and just go on the letter above, the friend who was also with me is going in to the shop tomorrow to also put a complaint in with the manager as she is a regular shopper at this store and in the mean time I will get the complaints letter sent off to them.


Thanks for your help

The_Deep

Parking without payment when payment is due is akin to filling one's car with petrol and driving off without payment. On what basis do you think that you have cause to complain to Iceland?

Coupon-mad

The_Deep wrote: »

Parking without payment when payment is due is akin to filling one's car with petrol and driving off without payment. On what basis do you think that you have cause to complain to Iceland?

Woah! Of course they have cause to complain if the signage was not clear enough at the disabled bays, that disabled people have to pay and display. It's a breach of the BPA Code of Practice not to put clear signs with all t&cs at a height where disabled drivers can see them before parking, at the disabled bays.

Add to that the fact that fake PCNs are a rip-off (and not a genuine pre-estimate of any 'loss') and their tactics involve intimidating letters of harassment to a vulnerable shopper, OF COURSE there are grounds to complain to Iceland!

stecast

Thanks Coupon-mad


I was having second thoughts about complaining after what The Deep said but after re visiting the car park yesterday while it was dark I have realised another point that's on my side is the car park is badly lit up and realised it would be easy for anybody to go to the store to do there shopping while dark and not notice that it's pay and display.
This store is not in a shopping centre but a small car park behind the store in the middle of town that at one point many people us to use this car park to do there shopping in town and not go in to Iceland so pay and display was brought in to stop this happening.

Redx

sounds like poor signage to me

not only that we have to take into account that a BB holder was involved here, and there are car parks where displaying a BB allows you to park , shop and drive off free of charge

I was in asda in Hyde last week and did EXACTLY THAT , parked with my wife , shopped , drove off , no payment was made for any parking at all !!

WHY ? - because it clearly states that a BB holder can park for free in a BB space and doesnt need a p&d ticket on the signs there (its a BB concession)

now in my case I was told this a long time ago, thought nothing of it until a few weeks or months ago having read this forum I checked the sign as I had become dubious about any of this on any private car park (all our council car parks are now p&d regardless of a BB)

so do not "slam" BB holders or relatives who park in good faith "thinking" they just display a BB as that is standard practice for a BB owner and has been for many years (I know this from personal experience) , but many of these companies , hospitals and local authorities have now brought in rules and p&d is one of them, so people like myself now have to be ultra careful what we do when we park the car (or if we are with somebody else as in this case)

it wasnt theft in this case, it was a simple matter of the BB holder telling the driver his BB allowed him to park there free of charge, and the driver took him at his word and did not check the signs (or couldnt if they were poorly lit)

ignorance ? maybe ?
a trust in the power of the BB ? - maybe
not reading the BB booklet upon receipt ? - maybe

but theft ? - NO , I think not

The_Deep

Hold your horses CM, I am only pulling OP's leg

Coupon-mad

The_Deep wrote: »

Hold your horses CM, I am only pulling OP's leg

I thought that may be the case!