Excel Parking Charge

ezerscrooge

oh well that clears that one. Demand your POPLA code and finish them off.

Report them to the BPA for refusing your appeal and not supplying a POLA code - an email to Steve Clark will do steve.c@britishparking.co.uk

Post you draft appeal on here so it can be reviewed.

Coupon-mad

4littlerugrats wrote: »

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.

I am concerned you don't yet seem to have had that moment when the penny drops and you realise this is a fake PCN, which we beat every time at POPLA. It doesn't matter what you did wrong. You win by talking about what Excel did wrong, using wording on this forum which wins 100% of the time v Excel.

Read the 'Private Parking ticket? Newbies read this first' sticky thread, as you are in danger of missing the point and possibly mucking up a POPLA appeal. If you are certain there is NO attachment (POPLA form, attached or printed on the back?) and/or no 10 number code for POPLA, mentioned near the end of the letter(?), then write to demand your POPLA code and report them to the BPA and DVLA (as you will read on LOTS of other threads).

If you wonder where to get the email addresses for the BPA and DVLA then you haven't yet read the sticky threads... please educate yourself quickly.

4littlerugrats

I have formulated this reply to Excel Parking, partly my own words, adapted to my situation in which I have had correspondence with them already, and partly taking passages from the information provided by all you helpful people. Let me know what you think please.

"Thank you for your correspondence dated 23rd January 2014, received today.


With regards to my request for a breakdown of the loss, this was not answered in previous correspondence. I have all correspondence from you on file, and no mention has previously been made of a breakdown of loss. The Parking Charge Notice is an invoice, not a fine, since Excel Parking has no legal rights to issue fines; only the Police and Council officials do. As you are a private company who issues invoices, I am entitled to a breakdown of the invoice to let me know what I am being charged for. I would expect and be granted this by any other private business who invoices me.


You say that “a final decision has been made and no further appeals will be considered”. I am not appealing this charge, I am informing you of my decision not to pay more than I personally owe you.


I have also been made aware that when I sent my first letter to you, which you acknowledged receipt of in October 2013, you should have sent me a POPLA code, to enable me to appeal to them. You neglected to do so in that and all subsequent correspondence. I understand that the BPA and the DVLA should know of your negligence, so I have sent emails to that effect.


My challenge to you has always been based on the assertion that your parking charge does not represent a genuine pre-estimate of loss to you 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. 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 and my time at the court rate of £18 per hour. 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.


Thank you for your attention to this matter. I await a prompt response from you."

AnnieO1234

Be very careful with Bawtry, it's been a P&D excel site for years - OP obviously isn't a regular visitor to the town at all.

IIRC it isn't the same as private land and is administered differently so Popla does not apply. Also excel will and do issue summons on this site via Doncaster MAGISTRATES court.

Redx

very strange this one

after reading the above post I did a google search and found this http://www.thestar.co.uk/features/evening-parking-fury-at-bawtry-1-314182 from over 3 years ago

this is part of what it says

"Any motorist failing to obey the car park's terms and conditions faces criminal prosecution under the Road Traffic Regulation Act 1984.

also found this https://www.whatdotheyknow.com/request/excel_parking_bawtry_car_park

Stroma

It's no different, this cannot land up in a magistrates court even if it's a council ticket, the only time a magistrates would be involved is if this is a bylaw ticket, this is not! Magistrates only deal with criminal parking, this is a civil matter, we know because payments and appeals are to Excel.

Stroma

Hmmm I've never seen this before, this is an anomaly as I have only seen bylaw tickets go there.

On the ticket OP, does it mention bylaws or the road traffic act ?

4littlerugrats

Redx, I looked at the letters to the court, am I right in thinking they only give numbers of how many were referred to the court, not how many were successful?

The original ticket does refer to section 35a of the Road Traffic Regulations Act 1984. Having read that online though, it appears to be law relating to councils. Does the fact that they farm the donkey work out to a private company undermine their rights?

Stroma

I suggest you post this on https://www.pepipoo.com for their advice, I am a bit confused by this, when you create a thread there please link to this one in the thread there, also scan your ticket in front and back, redact anything that identifies you.

Redx

ditto, I have no idea about council parking tickets either , but it appears they "police" the council car park there on behalf of the council, so you would assume saving the council the trouble

the council car parks in my area get council parking tickets which you appeal to the council in the usual manner, presumably you can then appeal to an independent adjudicator too

this may explain why no popla code was offered here , just court

I am sure that given the length of time it appears Excel have had that contract there must have been other queries, especially on pepipoo , so best to ask there like stroma says

found this thread there from a couple of years ago http://forums.pepipoo.com/lofiversion/index.php/t72353.html which was thrown out a year ago, another rach "toothbrush" coates jobby

all I did was post the links, I never said I understood the implications , lol

its deffo a strange one I have not seen before