Excel Parking Charge

4littlerugrats

Fascinating... Unfortunately, no outcome is mentioned. All sounds very dodgy to me. Don't know what to do. Am in the process of posting on pepipoo.

Stroma

He guys over there can help you, I will keep an eye on this

4littlerugrats

Thanks everyone. I'll hang fire for a few days before I decide what to do. Be interesting to see what the BPA have to say when they get my email, maybe shed some light on where I stand.

Redx

you can see from that thread that went to court a year ago that they won the case in court on some technicality

they are all clearly trying to establish the reasons behind all this as it seems that there is no independent appeal method

so the saga seems to continue a year later and you would assume most people pay the charge as if it were a local council penalty notice , judging by all them FOI requests and the ducking and diving of council members or staff etc , never mind the witness on the stand

not sure if the BPA can help on this one but they may have a view on it nobody has seen before

it certainly needs to be sorted out as excel are clearly not impartial as an adjudicator and so it should have some sort of further appeal system , be it popla or the independent adjudicator seen in the more usual council penalty notices

seems a win win for excel at the moment

I thought I saw an SRM on that thread last year, a little bemused ? lol (CM on here)

it was also discussed here https://forums.moneysavingexpert.com/discussion/4472623 last year too

fisherjim

Maybe this will help make it clearer>

https://www.whatdotheyknow.com/request/market_hill_car_park

AnnieO1234

The car park does have signs relating to a bye-law positioned under the main signage with the warnings etc on it.

peter_the_piper

So, basically, they are farming out the footslogging to Excel, as they seem to do with genuine pcn's on some streets. Don't NSL do the walking in London but they issue genuine council tickets, here Excel have muddied the water by using their own tickets.

HO87

We are assuming that the wording of Excel's PCN in this case is the same as they issue elsewhere. Is the OP able to post up a scanned in image of the original PCN - suitably scrubbed of any personal/identifiable information?

It would also be very useful to know exactly what the signs say and to have sight of the local byelaws. Bear in mind that POFA will not apply if this is a byelaw issue as it will not be "relevant land".

Redx

I appreciate signs may have changed etc but there are plenty of photos in the pepipoo thread that may still be valid or have wordings that are relevant

like this page here http://forums.pepipoo.com/lofiversion/index.php/t72353-100.html

so until any newer photos are given, maybe its worth studying the ones that seemed "in force" a year ago ?

if I read that thread correctly it seems the RK or owner won due to a section 9 failure

( which I interpret as not identifying the driver ? )

the problem then is that the validity of all they talked about was never brought into question due to some fundamental mistake by excel or coates

HO87

Thanks Redx

It seems that it may not be a byelaw issue. In all likelihood the car park is being "policed" on the basis of an Order made by the Bawtry Town Council under the terms of the Road Traffic Regulation Act 1984. A copy of the relevant Order may be read here.

Bawtry raises many issues and I need to get back a reread and make some further checks. Forget about the fact that Excel issued it and call it a Parking Charge Notice. The truth of it is that this is an old-fashioned Excess Charge Notice in disguise.

The s.9 failure was in relation to a witness statement that did not conform. In other words Excel failed to produce a statement in the format required by s.9 Criminal Justice Act, 1967 - a fairly fundamental error on the part of the fragrant Ms Coates. Or was it down Parvez Mirza who had formulated the case and had only just departed the dizzying heights of Excel Towers. Parvez it was who had badly stubbed his toe when he came up against Martin Cutts at Stockport County Court.