Middlesbrough Leisure Park - Excel £60/100 fine

james915

Hello people, I could do with a bit of advice.

Yesterday I was parked in Middlesbrough leisure car park from 13:19 to 15:30 (you are allowed 4 hours free in the blue lines where I was parked) When I walked back to my car I had a windscreen Parking charge notice for £100 reduced to £60 if paid within 14 days, the charge is ridiculous considering I did not breach any of there rules..

They are stating that the charge is for "leaving leisure park" and this is against there T&C's although this was not stated on the sign that I was parked next to all it said was "Middlesbrough leisure park customers car park" and I was a customer as I went to the cinema and purchased a cinema ticket at 14:21 for a film starting at 15:00 I only went back to the car park to move my car into a white space (free all day weekends) as if I stayed in the blue I would of exceeded the 4 hour time limit.

I initially parked the car and went into town to meet up with a friend and get money for the cinema ticket off my dad, after meeting up with my friend and having the money we walked back to the cinema and bought the tickets, we didn't end up watching the film as I didn't feel like it after seeing the parking charge notice.

I have kept a copy of the cinema ticket. I have taken photos of the signs. On the parking notice it says "time seen 13:19" (the exact time I parked the car meaning that someone was watching me) and "time issued 13:35" so it was issued within 15 minutes of me arriving, how does that work when I was still a customer of the leisure park?

Basically I have read through the forums and I think I have just over complicated things so thought it would be better to get some one on one advice if possible. The car is on 24 month hire from ford and is classed as a company car (my parents company), I am using it for my personal use everyday but anyone with permission can drive it, I was driving on the day of the parking charge. Should I appeal or should I wait for a letter in the post? and advice would be great many thanks

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Redx

too long a paragraph to read it properly

try splitting it into sections using the edit button for easier reading

like this

and this

also it is not a fine, its a parking charge notice , which is an invoice, not a fine, only courts and judges can fine you

bear in mind the leasing company will receive the NTK, not you , you need a PCN in your own name to appeal it

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

james915

Hello redx thank you for your response,

I have tried to split the post up for easier reading.

I understand that it is a Parking charge notice and did not mention a fine in my post.

Will the leasing company charge me for receiving the NTK eg admin fee? if so can I claim this back later?

How will I be able to get the PCN in my name to appeal it?

Many thanks

Nodding_Donkey

It's a shame you wasted money on the cinema ticket.

Redx

the header says FINE

Middlesbrough Leisure Park - Excel £60/100 fine

you dont want the leasing company charging you like they probably would if they think its a fine, as there will be a clause in the leasing contract about it, in which case its always hard to recover

they should get the NTK and name the driver with the drivers address then you get a PCN in the post (an NTD)

as its a private car park they use any rules they can dream up, including going off site and if there is a Y in the day or an R in the month

you need to appeal this and get a PCN in your own name asap

james915

Well spotted. Please bare in mind that I am not an expert in this field and mistakes should be expected. Hence why I am here asking for expert advice.

Many thanks

Nodding_Donkey

Can he not do a soft appeal, as the driver, from the windscreen ticket?

Redx

same as most people, also most people think these things are fines, same as you do, this causes problems when the leasing companies or agents also think they are fines and then invoice you for passing the "invoice" on , or because they name you as the driver and charge you thinking they are passing on a "fine"

easier to stop a notification charges before it happens than to try to recover it later

appeal as the driver, giving the address as well and appeal on the grounds you had a cinema ticket (scan attached to appeal) and also the usual 3 of not a gpeol, no contract and bad signage

james915

Thanks for your help both of you. So I should do an appeal as the driver and hope for the best? Is there anything else I can do after that or would I just have to pay the invoice? Could I go on to do a POPLA appeal is this one gets rejected? Many thanks

Redx

appeal it, then if its rejected (which it probably will be) you do a popla appeal with all the usual winning points

ao appeal to excel

Dear Excel

As the driver 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
4) ADD YOUR CINEMA TICKET DETAILS APPEAL WORDING HERE

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.

If you do reject the challenge and insist on 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.

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.

james915

Thanks for your help, I'll appeal and let you know how it goes.