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Excel parking peel centre pcn

Hi I have been looking at threads all day regarding a PCN from excel parking,
I have printed many threads and researched throughout mse.
However.


I need some further assistance/advise, if anyone can help please do.


It says I parked without a valid pay and display ticket for 40 mins.
This was not the case I entered the car park intending to pay and display and go shopping. BUT as it was 4 days before Christmas it was mad busy and I had queued in 2 isles for a space which I could not find, so I sent a passenger to toys r us to collect a gift and when I got to the front of my isle the passenger returned.
we still searched for a space but again was still a massive que as in bumper to bumper the whole time I was in the car park.


I gave up and left the car park.


so I had not parked or had I left the car or even turned the engine off, so I hadn't got a pay and display as I didn't park.


On some threads people have said on a similar issue it doesn't matter we still stayed on the private land.


I am trying to appeal to them but with many templates to choose I need help to find one that suits my issue to build a decent case to get the PCN cancelled..


Also on the PCN it says I entered at 14:01:00 but in the picture it says 14:01:16..
now I took advise from another thread and read the Protection of freedoms act 2012 part 8 and 9 and I am wondering if such a small error on there part can help me in any way?





Any help is really appreciated!

«1

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 4 January 2014 at 10:23PM
    nitpicking over milliseconds or the fact you were on the car park with no ticket wont wash, you can be assured of that

    in this case you need to do what everyone else does and appeal properly and the NEWBIES - READ THIS NOW thread has helpful advice and links on this, about the 4th sticky thread down

    here is a soft appeal for you to get a popla code

    do not admit who was driving at this stage, so appeal as registered keeper only
    Dear Excel Parking,

    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) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
    2) Your signage does not comply with the BPA Code of Practice
    3) You are not the landowner and do not have the capacity to offer contracts or to bring a claim for trespass

    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 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, or forward a popla verification code.

    Faithfully
  • Coupon-mad
    Coupon-mad Posts: 155,452 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 4 January 2014 at 10:26PM
    Yep just do a standard appeal as shown (but addressed to Excel of course, not ParkingEye!). You could add:

    'The fact of the matter is that the driver never actually found a parking space at all so there is no 'parking contract' established with Excel at all in this circumstance. The car did not park nor wait; the driver queued and searched for a space the whole time (first days of New Year Sales) and remained in a queue all the way round and then out of the exit as soon as it was possible to leave the site. The Peel Centre must love your modus operandi of 'managing' this notorious site and threatening even people who could not park, with a fake PCN - how to dissuade repeat business in one easy step, eh Excel? It must be easy (presumably paid) work for you as mere site agents - but it doesn't mean you have made any loss when a car gets stuck in Sales queues and cannot even park!

    The driver will not be identified on this occasion as I am aware there is no legal requirement to do so. I have given you all the information I am prepared to divulge and as keeper I am entitled to an immediate POPLA code if you reject.'
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Thanks for your reply.


    what I was trying to get at is the information being incorrect even if it is seconds I guess that isn't something I could use against them.


    I have the newbies printed off but I will have another look at the links again try and get my head around it.


    Thanks for the soft appeal copy, I watched the watchdog about it and they say there signs do comply with bpa is this still not true?


    again thanks
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    oops , sorry , the last one I copied and pasted must have been PE , template now changed

    I also agree its a good idea to add those extra bits in from CM above too

    but just so you are clear on this, they have anpr cameras at the entrance and exit, that clocked you in and out and has milliseconds on the clock , as well as minutes and seconds

    they then check the ticket machines for your car reg number (its a P&D car park) and as you did not purchase a ticket , you receive a PCN via the post

    as a general rule , you are given 10 minutes to park or leave , but you took 40 minutes , so parked , stopped , driving round , whatever, you were physically on the Peel Holdings car park for 40 minutes so should have bought a ticket or something , say 1 hour, perhaps sending your partner for one before she went in toy and hobby , just a thought !!

    in future , park for free at Tescos for 3 hours , and walk , lol ;)

    when you get your popla code , make sure you start a properly worded popla appeal, plenty of them to look at in links from that sticky thread , s this place crops up daily on here

    the watchdog video was when exactly ? 2 years ago maybe ? before the POFA 2012 came in around oct 2012 ?

    old news is history , sorry to say , so for england and wales , its not relevant at all since oct 2012

    ps:- they changed the signs since then as well ;)
  • Thank you coupon mad I shall use that as well and hope it makes them think again.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    make sure it says THE DRIVER , and not I did this, I did that, identifying YOU as the driver

    many have made that simple mistake in the past

    so no I , but definitely THE DRIVER
  • Don't suppose you have a updated template do you lol :)


    I just don't want to mess up my one chance
  • Coupon-mad
    Coupon-mad Posts: 155,452 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Just amalgamate Redx version with my paragraphs. Job done, anyone can write a letter and you have the templates!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    send me £100 if I send you a fake pcn (Personal Costs Notification) and I will gladly do the leg work for you , lol

    sometimes you have to do things yourself, all the words are there in 2 posts, just not necessarily in the right order :) (as Eric Morecambe famously once said about his piano playing notes)
  • OHHHHHHHH as im new I didn't see you had edited it Haha sorry and again thank you I will post my reply when I get one :)
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