Yep, another PCN after parking at the Peel Centre, Stockport

WhyAreThere3HobbitFilms?

Hello
Before I begin I'd like to applaud everyone who provides input on the subject of PCNs - it's completely restored my faith in humanity!

I got a PCN for parking without a ticket at the Peel Centre in Stockport for less than 40 minutes; I'm not going to argue mitigating circumstances as from reading the forum I appreciate it's pointless, so the points I'm going to argue are:

1. No contract formed between the driver and the PPC (I'm not familiar with the car park and didn't notice the signs therefore deny the allegation I'm in breach of contract)
   Excel have no legal authority to impose charges on the landowner's behalf.
2. The charge isn't a GPEOL and is totally disproportionate.
3. I'm also going to mention the fact I made a purchase at one of the retailers and include and photocopy of the receipt (again, appreciate this won't sway anything but figure there's no harm mentioning it).

Incidentally, I did contact the retailer to see if they could help in any way and although they said they couldn't (they've tried and failed in the past) they did offer me a gift card

I've done a fair amount of reading on MSE on the subject of PCNs, including the newbies section, but I've started chasing my tail a bit so would be very grateful of some guidance:

• The PCN alleges a breach of contract but from the reading I've done re: GPEOL on the parkingcowboys site (sorry, can't post the link as a newbie), the OFT seems to suggest that GPEOL is related to a claim for liquidated damages as opposed to actual loss as a result of a breach of contract. With my (almostly certainly incorrect) interpretation, I don't feel confident arguing the GPEOL point (even though I've read plenty of POPLA appeals upheld on this point alone) without fully understanding it - please can someone put me out of my misery?
• I've read the reasons for not admitting to being the driver in any appeals but the back of the PCN does state that the driver's name should be included in the appeal to the PPC. Even if a robust appeal is submitted to the PPC that could kill the charge dead in the water, presumably omitting the driver's name will cause it to be rejected by the PPC? If that's the intention, is it purely to cost the PPC money by subsequently appealing to POPLA or is there more to it? If this is a naive newbie question please forgive me but I'm trying to educate myself rather than wording an appeal (almost) verbatim without fully understanding it.

Many thanks

Redx

dont bother trying to argue with the PPC themselves , it wont wash

do not name the driver , or imply who the driver was

yes it will cost them if you go to popla

yes, include the receipt for purchases but do not imply or admit who the driver was, so the driver bought an item and here is the receipt for that item !!

if you read the NEWBIES - READ THIS FIRST sticky thread about 4 down from the top of this forum it tells you everything you need to know, with links to popla appeals etc, especially for this site (at least two)

there are dozens of others if you use the forum search tool, and successes detailed in the sticky thread called POPLA SUCCESSES

so plenty of info here

as for your initial soft appeal to Excel, here it is

Dear Excel,

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 your 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

it will be rejected, they will give you a popla code , do not name the driver , they may also send you a load of guff about successful court cases blah blah, ignore it and sort out your popla appeal, where you will win if constructed correctly , mainly about no gpeol as that usually wins with popla, proving you were correct

no need to use parking cowboys or other sites, everything you need is here , via those sticky threads and links within them