Excel Parking Charge

4littlerugrats

Waded through all that debate on pepipooo - makes for fascinating reading. So sad that these cowboys tactics are still continuing.

Couple of points I gleaned: My Notice to Owner letter refers to section 35 of the Road Traffic Regulation Act, not 35a, although the original ticket refers to 35a, so do I call their bluff on the fact that they are referring to incorrect law?

Also, that same letter says "according to the DVLA records, you were registered keeper of the vehicle..." Not true. I just write all letters and do all paperwork in our house, but if they had indeed checked, they would have found that I am not the registered keeper. Neither was I driving the car that evening. Novice error really, should have used that argument in the first place, before I got into letter after letter disputing the rightfulness of the £50 "fine" (not a fine, I know!)

Just looked on Citizens' Advice website. They say I am entitled to a breakdown of costs when being invoiced by one of these companies, so where do they get off telling me only a judge can sanction this?

I am baffled. The ticket is called "Excess Charge Notice", which only councils can issue, but all letters from them refer to it as "Parking Charge Notice". They claim to operate under the "code of practice for enforcement on private land" as a private company, but also the "road traffic regulation act 1984", which only applies to councils. So which are they? Seems they are tying themselves in knots!

I did email BPA regarding no popla code and received a reply today - was very surprised on a saturday! They requested copies of all correspondence, which are winging their way.

Anyone any more thoughts?

Coupon-mad

I think wait for the BPA to reply, and also reply to Excel (unless anyone else here or on pepipoo posts otherwise!) telling them 'I am neither the keeper nor the driver so I am not liable and you have failed to make it clear what this charge is and which regulation it is issued under. So I have complained to the BPA Ltd about your misleading and confusing charge and require you to explain why you persist in calling it a 'Parking Charge Notice' with the meaning as defined in POFA 2012 and yet appear to be claiming it has no such meaning. This is clearly an example of unfair contract terms in not being transparent and reasonable with your allegation which you are aiming at a party (myself) who is neither the driver nor the keeper of the car.'

Don't bother with the CAB who can't even advise people consistently about 'normal' fake PCNs from Excel, let alone this complicated little can of worms.

See what others add on here and on pepipoo and if you need more help, bump the threads on both forums. Stay away from CAG forum.

Is this you on pepipoo or another one?

http://forums.pepipoo.com/index.php?showtopic=87287

It is interesting and relevant that stingo (who was the original thread starter of the older case) just updated that linked thread to say ''I telephoned Doncaster magistrates court approx 2 month back, Excel parking have not had any summonses issued from there since I made Rachel Coates look like a sad little puppy DOG. Bawtry comes under Doncaster metropolitan borough council which operate decriminalised parking enforcement.''


So...it can't go to Magistrates Court can it?! Also one of those FOI requests was answered 'this is a private car park' I think.

4littlerugrats

Yes, that is me on Pepipoo. Thanks