Excel Parking Charge

4littlerugrats

Really need some advice. In September I parked in a pay and display car park in Bawtry (council land but "policed" by Excel Parking) to attend the motor auctions, which I have done many times. Before this visit, it has not been a pay and display car park, so I never thought to look. When I came back to my car I had a Parking Charge Notice stuck to my windscreen.

I wrote a letter to Excel Parking challenging their charge of £50 on the grounds that it is disproportionate to the cost to them, using the template on this website. They replied that their charges are in line with the British Parking Associations code of practice, and therefore reasonable, a "genuine pre-estimate of losses".

I replied, telling them that their charges are an invoice not a fine, and as such I require an itemised invoice; I am willing to pay for what I cost them only.

Their response, received today says, "with regards to your request for a breakdown of the loss, this was answered in the previous correspondence and as stated before, "a full breakdown of loss will be provided at the request of a judge"". They claim this is their final decision and I must pay £50 or face court proceedings, which will incur further court costs.

I never received a letter with the sentence quoted above, this is the first reply regarding a breakdown of loss, so that's a lie for starters.

What do I do? Should I cut my losses and pay up because I did neglect to pay and display in the first place, or is this just bully-boy tactics to frighten me into paying, when I know and they know that they only lost 60p when I didn't pay and display?

Anxious, frustrated and confused. Any advice please...

Redx

you should send them another letter or email telling them to cancel or issue a popla code , they should have given you a popla code when rejecting your appeal

have they done this ?

if not, send them this

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) 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 or supply a popla code to appeal to them.

Faithfully

then read this https://forums.moneysavingexpert.com/discussion/4816822

you could also complain to the BPA (s clark) that they have breached their CoP due to not issuing a popla code when refusing an appeal

4littlerugrats

Thanks Redx. Does the Popla route apply to me then, since it was my fault I didn't pay for parking in the first place? I just kind of assumed I would be taking it up with them on my own, without any legal backing. Also, with the land being owned by the council, I wasn't sure I had a leg to stand on.

Stroma

Don't send that above, you've appealed already and they have rejected it, so they should give you a popla verification code already, have they done this?

Redx

as above ^^^

as I clearly stated earlier, if they have rejected your appeal thay are obligated to give to the ADR route of popla, by giving you a popla appeal code

NOT this :- , appeal , refused , and then if you dont pay its court , which is what you seem to be saying

so the important question is, DID THEY GIVE YOU A POPLA CODE ?

4littlerugrats

No, there's no mention of a Popla code in any of their correspondence, but since it is council land will Popla be interested?

Redx

all parking charges have an appeals system, so there should be some method of appealing mentioned on the tickets or letters

on council land they usually have their own appeals system, so not popla

for private land , its Popla ( or IPC)

has to be one or the other

so I suppose another question comes down to wording of the ticket or letter

ie:- its a PCN, so what did they say the letters PCN represent ?

ie:- a council ticket is different wording than a PPC ticket

ezerscrooge

I think something needs clearing up as things seem a tad confusing.

Was the ticket a PENALTY Charge Notice or PARKING Charge Notice. The two are quite different.

If it was a Penalty one then it is the council side of things and POPLA will not apply. If so pop over to http://www.pepipoo.com/

But if it is Parking, the get your POPLA code from them (complain to the BPA if you have to) and wipe the floor with them.

Stroma

Don't get into the fact that a council is the landowner, this I presume is a parking charge notice? All appeals and payment to Excel? So this is private parking issue on private land, just because it's council owned this is still private land as far as this is concerned. Only penalty charge notices are from councils this is not that

4littlerugrats

It is a PCN, Parking Charge Notice, issued by Excel Parking Services, but working for Bawtry Town Council. The address for appeals/challenges is Excel, so have the council relinquished their rights by employing a private company to work in the car park, presumably because proper council traffic wardens wouldn't work the evening hours?!

Stroma

Yes , they have no rights to issue penalties, so the council should be treated like any other landowner and complaints be made to them.