Parking Charge Notice... Excel Parking

clinne123

Hi All if anyone could give me some advice...


On the 18/12/13 I received a Parking Notice at Middlesbrough Leisure Park, this notice was left on my car windscreen... The notice left on my car states that I "left the leisure park" and indicating contravention code A0.


The initial charge was £60 if paid within 14 days of this original notice and £100 after the 14 days, I have no intention of paying such a ridicule charge for leaving the area to go to a cash machine before returning back to the leisure park. I did confront the parking attendant there after I noticed the ticket on my car to ask him why I had got this, to which he answered I watched you walk out of the leisure park...


I have just received my Notice to Keeper paperwork and on this it has the alleged contravention was Parked in a restricted street in prescribed hours... The question I have is the reason given on the notice to keeper paperwork is different to what was originally stated on the ticket on the windscreen so have they made the charge void by putting a different reason on the paperwork...


As I'm looking through the threads on here I find that there is so much info its a bit confusing as to how to draft a letter to Excel Parking.


Thank You...

ezerscrooge

Put in soft appeal as the Register Keeper. It will be rejected, but it is the POPLA code that you need. I am assuming that the NTK and site signage mentions 'failure to comply' or breaching terms'...

Use this template if you wish...

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Dear xxxxx


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.


Should you lose at POPLA I reserve the right to use this as evidence that you have no basis whatsoever for your charges. In addition to claiming for my time I will also be referring your behaviour to the BPA and DVLA with the request that your operations at this car park be terminated until such time as you make changes to comply with their directives.


Any communication that does not either confirm cancellation or include a POPLA verification code shall be reported to the BPA as a breach of their Code of Practice - the BPA recently issued guidance to all members to remind them of this fact. Such communication may also be deemed harassment and pursued accordingly.

---

It does not matter what you do on site. You are fighting them on contractural terms and not actually did/did not happen.

When they reject your appeal, then it is time to get cracking on your POPLA appeal. Have a good root through the threads, there's loads of winning samples.

clinne123

Many thanks ezerscrooge for the template to send as a reply to Excel Parking, do you think that I should also mention the difference for the contravention between the original notice and the notice to keeper...

ezerscrooge

Probably best not to - you'd effectively be admitting to being the driver, and they'd ignore it anyway.

The whole PPC thing is unregulated so they make it up as they go along. What you need is the POPLA code.

clinne123

Will draft the letter today via the template you provided and post off the soft appeal tomorrow...


This might sound stupid but should I end the letter with my name or just leave it blank, as in - " Regards My Name ", would this signify that I was the driver of the car...

Redx

just squiggle it so its illegible , you are replying as RK with reg number and case reference number

Coupon-mad

clinne123 wrote: »

Many thanks ezerscrooge for the template to send as a reply to Excel Parking, do you think that I should also mention the difference for the contravention between the original notice and the notice to keeper...

I would mention it at POPLA stage - we had one like this last week, same sort of thing exactly AND I think it may have been Excel or VCS. At POPLA stage this can be argued as rendering the NTK invalid as far as POFA2012 is concerned - meaning no keeper liability. And as long as you remain in 'keeper mode' in all comms (change/edit your post #1 NOW if it implies who was driving) then you are not liable. There will be other points of course for POPLA stage as per the NEWBIES thread link 'How to win at POPLA'. But a flawed NTK is a good start for a keeper!

Also what happened when you complained to the Centre Management if you were a genuine shopper? I think this retail park might feature in 'Successful complaints about PPCs' a sticky full of links to show who to contact and cases where a fake PCN has been cancelled by a strong customer complaint.

clinne123

Coupon-mad wrote: »

Also what happened when you complained to the Centre Management if you were a genuine shopper? I think this retail park might feature in 'Successful complaints about PPCs' a sticky full of links to show who to contact and cases where a fake PCN has been cancelled by a strong customer complaint.

The business's around the car park i.e. the leisure park don't own the car park so I think it would have been a waste of time complaining to anyone there. From what I have read on here and on other forums about this car park I would have just gotten a number for Excel Parking, I have also read that sending a letter of complaint to the owners of the land the car park is on would of just resulted in a letter saying tough.


I did notice on the back of the notice to keeper letter I received that when sending a letter of appeal they want the drivers name and address, I decided not to add my name or address just the PCN number in the template supplied by ezerscrooge...

KickingCatfish

I've just been done for the same reason - 'seen leaving the leisure park - but sadly I didn't do my reading on this site until after I emailed them in high dudgeon. I assume they can get all my details from the car anyway so not too bothered that i also put them on the email.

It's crazy - if they had bothered to speak to me I'd have had the conversation about where I was going before using the park facilities, and if necessary moved my car. As it was, I parked at 10.31 and the ticket was issued at 10.44. I didn't find it until 2.15 as I'd had lunch, yes, on the park.

They've sent an automated response asking for additional info so I have sent the template above as the reply. May the wrong way round but it's worth a try.

Redx

KickingCatfish wrote: »

I've just been done for the same reason - 'seen leaving the leisure park - but sadly I didn't do my reading on this site until after I emailed them in high dudgeon. I assume they can get all my details from the car anyway so not too bothered that i also put them on the email.

It's crazy - if they had bothered to speak to me I'd have had the conversation about where I was going before using the park facilities, and if necessary moved my car. As it was, I parked at 10.31 and the ticket was issued at 10.44. I didn't find it until 2.15 as I'd had lunch, yes, on the park.

So what happens if the appeal is refused? Do I then send a new one with the template? or do I send that now? and what's a POPLA?

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

and start your own thread if you need any more help , thanks

Coupon-mad

I did notice on the back of the notice to keeper letter I received that when sending a letter of appeal they want the drivers name and address, I decided not to add my name or address just the PCN number in the template supplied by ezerscrooge...

OK let us know when you get a response.