Excel Parking - Peel Centre, Stockport

Shnyb

Apologies for the new thread, I've been trawling the forum trying to find some advice.

I received a Parking Charge Notice from Excel regarding an alleged contravention on 09/08/2013, the date of issue being 19/08/2013. This was later followed up by a liability notice issued on 25/10/13 and finally a letter from Roxburghe issued on 19/12/13 - so far I've made no contact to any of the above on the assumption to ignore.

Looking through the forum I gather this is no longer advisable and from what I can gather my first port of call would be an appeal to the PPC. My question(s) being:
* Can I appeal solely on the grounds of the amount being claimed is not a genuine pre-estimate of loss to your company or the landowner?
* Are they in breach of the required timescales?... I've read reference to 14, 28 & 56 days?
* Am I within the required timescales for appeal?

My post has been prompted as Roxburghe are now contacting me by phone at my home address (assuming they've simply searched directory enquiries?)

Thanks in advance.

S.

Redx

start by reading the NEWBIES - READ THIS FIRST sticky thread near the top of this forum

as for timescales, they appear to have sent the NTK within 14 days, you had 28 days to appeal, you ignored it so are well out of time in their eyes

ignore was a bad idea, as you are not ignoring it now but have less avenues open to you, whereas it was easily won at popla for nil cost to you had you appealed last august

its actually never too late to appeal to the PPC, or to the landowner, until you get court papers that is (if you do) but they no longer have to follow the guidelines

DR cannot take you to court, only the landowner or their legally appointed representatives can do this

they are likely to turn down your popla request, so unless you can name a different driver you have little options put ignore or pay, until legal papers arrive

if you have a valid excuse (like proof of ticket etc) , appeal direct to the excel manager using their email address and get it cancelled

Shnyb

Thanks Redx.

So the PPC are no longer required to provide a POPLA code following an appeal?

I take it DR is Debt Recovery? i.e. Roxburghe?

No proof of ticket for a direct appeal, is there any merit in attempting an appeal with the PPC?

Thanks again.
S.

Coupon-mad

This all covered in the thread Redx suggested you read first. We can't keep replying to people about the Peel Centre again and again and again (I have just replied to someone else a minute ago about the same car park but others need help too!).

The sticky threads are at the top so newbies will read the info there first. Then reply here if you still have queries, of course. I do cover everything you are asking in the Newbies thread I think.

Redx

all the acronyms are within that sticky thread in order that people asked to read it can check what the forum acronyms mean, pointless saying you have read it and then ask questions that are answered within it

I dont mind replying with help but seems a but daft to be doing it when the answers are in that sticky thread by coupon-mad

as for is any of it true or not, would not be in there if it were false !!

you missed all your statutory chances to appeal about 5 months ago, but you never know in this game and games have been turned around on several occasions, but the cat already used up most of its 9 lives by ignoring letters , but that does not stop incompetence from the PPC, or a sneaky own goal

6 months ago it would have been half an hours job at most to kill this parking charge stone dead at popla

Shnyb

Thanks for the responses, however blunt. The DR acronym isn't referred to within the sticky thread, hence the clarification.

Coupon-mad

Good point!

Shnyb

Evening All,

Decided to give the appeal a go and today have received a reply.

For reference I sent the following...

"I wish to appeal against the above notice on the following grounds:

1. The amount you claim does not represent a genuine pre-estimate of any 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.

2. No legal authority/contract - Excel Parking Services Ltd do not own this car park and are acting merely as agents for the owner/occupier. Excel Parking Services Ltd have not provided the appellant with any evidence that it is lawfully entitled to demand money from the driver, since they do not own nor have any interest or assignment of the title of the land in question. The appellant does not believe Excel Parking Services Ltd has the necessary legal capacity to enter into a contract with a driver of a vehicle parking in the car park, or indeed to allege a breach of contract (as evidenced in the Higher Court findings in VCS vs HMRC 2012). The appellant puts Excel Parking Services Ltd to strict proof that they have the necessary authorisation at this location. This would be in the form of a signed and dated contract with the landowner/occupier specifically evidencing the ability of Excel Parking Services Ltd to pursue parking charges to the courts.

I refer you to the consequences of Halsey v Milton Keynes General NHS Trust if you refuse to consider an application outside your normal deadline.

If you do reject the challenge please forward a POPLA verification code to allow an appeal to them independently.

If you 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 travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail."

My reply...

"We write further to your correspondence received on xx, in connection to the above Parking Charge Notice (PCN)

The details of this account have been forwarded to our Debt Recovery Roxburghe, as we have not received payment from you despite numerous requests.

All enquiries and payments must be made directly to Roxburghe.

We will not acknowledge or respond to any further correspondence."

Await their next move?...

Redx

keep ignoring Rox and wait for any LBC to arrive, or court papers