Peel Centre Stockport - Excel Parking PCN

Fairjustice

Hi,

Received a Parking Charge Notice / Invoice for allegedly breaching the car park terms and conditions in the Privately Operated Car Park at the Peel Centre Stockport retail via Excel Parking Services Ltd.

Any advice much appreciated on initial appeal stage.

Thanking you in advance.

Redx

plenty of info in this thread https://forums.moneysavingexpert.com/discussion/4816822 and using the search word PEEL will bring up dozens of similar cases and threads and successful appeals too

Coupon-mad

You will even find the Peel Centre mentioned in the sticky thread itself...and I make no apologies for the yawn on there!

Please look what can be achieved by a newbie just by following the advice:

https://forums.moneysavingexpert.com/discussion/4911394

No new threads about the Peel Centre should ever be needed again (she says, knowing there will be one tomorrow). You will know what we mean if you simply search the tedious word 'Peel' on this forum....

Fairjustice

Dear {company name of this member of ''PPC World''},

PCN number XXXXXXXX

As the registered keeper, I have received your parking invoice which of course, I decline your invitation to pay. I wish to invoke your appeals process, since all liability to your company is denied on the following basis:

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 and was not sufficiently prominent to create any contract.
3) You are not the landowner and do not have the standing to offer contracts nor to bring a claim for trespass

Please issue your standard cancellation letter or a specific, detailed rejection letter. If you choose to send the latter, it must state:

- the legal basis of your charge (i.e. breach, trespass or contractual fee?) as your signage was not seen/accepted by the driver and your NTK failed to make the basis of the charge clear. As keeper, I cannot be expected to guess the nature of the allegation.

- if alleging breach of contract, with your rejection letter I require a breakdown of the liquidated damages suffered, and by whom, and when this calculation was determined and how this particular 'loss' arose. Please also explain how/why you charge a fixed sum no matter whether the alleged contravention was trivial or more serious and how that can amount to a genuine pre-estimate of loss.

- if alleging trespass please enclose evidence of the perpetrator and proof of the liquidated damages alleged and the calculation of this sum.

- if alleging 'contractual fee' I require that you now send me a VAT invoice by return and explain the daily rate for parking and service provided for the fee. Failure to provide this information and a VAT invoice now that I have requested it, will be considered evidence that this was not in fact a genuine offer to park for a fee and is merely a penalty which is not recoverable in contract law (as found by Mr Recorder Gibson QC, on appeal at Luton County Court in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014).

Your charge is clearly not a pre-estimate of loss and if you are trying to pursue a charge at the Peel Centre you and I both know that you had to update your signs there in the Summer as they were inadequate. You also lost a Peel Centre small claim case in 2011 against Martin Cutts based on inadequate signage. I would be happy to point these facts out to a POPLA assessor if you do not cancel
Take formal note:

(a) Your unsupported, unsolicited invoice and any further letters if you persist, will constitute harassment. If you continue, your contact and that of any agent will be deemed a 'serious and persistent unwarranted threat' as found by Lord Justice Sedley in Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) and I reserve the right to take the matter further. You have been informed that I consider this to be harassment so any decision to send further letters rather than cancel the invoice will reinforce the evidence of your persistent unwarranted threat and you may be required to justify your actions in court.

(b) Any obfuscation on your part, such as pretending I have to name the driver, alleging I am too late or unable to appeal as keeper or requiring more evidence when clearly I have already set out my full challenge for this stage, will be reported to the DVLA and to your respective ATA, as a sanctionable breach of your Code of Practice.

(c) If you reject my challenge and insist upon taking the matter further I must inform you that I may claim my costs 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 and legal fees as well as liquidated damages for distress arising from harassment.

By continuing to pursue me you hereby accept liability to pay my costs when I prevail and you acknowledge and imply full understanding of the above.

Yours,


Registered Keeper:

Coupon / RedX - See added BOLD text in above standard reply. Please let me know if its good to send - Thanks.
Let me know if any lines need to be taken out.

Redx

if you intend to keep that BOLD text then it should be in point 2) not point 1)

bear in mind they have changed the signage TWICE since the cutts case in 2011 , the last time being summer 2013 and the signas are much better there now compared to the past

Fairjustice

Is it wise to request POPLA Code at 1st stage or after if it fails?

Redx

under the BPA CoP , any rejection letter MUST INCLUDE the POPLA code

so that becomes their problem , not yours , if they fail to comply to the BPA CoP

Coupon-mad

Fairjustice wrote: »

Is it wise to request POPLA Code at 1st stage or after if it fails?

You don't need to ask for a POPLA code - which is why it's not in the template.

Fairjustice

Redx wrote: »

if you intend to keep that BOLD text then it should be in point 2) not point 1)

bear in mind they have changed the signage TWICE since the cutts case in 2011 , the last time being summer 2013 and the signas are much better there now compared to the past

RedX / Coupon-mad - Thanks, Also edited the BOLD Text about Martin Cutts into point two, Check above in original letter if its good to forward.
Thanks

Redx

the template is always good to go , so although you have added extra details it doesnt detract from the appeal so send it

Fairjustice

As the registered keeper of vehicle, Now have a reply from Excel:-

Excel have rejected the appeal - comments below from letter

"Please be aware that as you have failed to provide us with full name and UK serviceable address for the driver within the 28 days stipulated on the Parking Charge Notice, we are now within our rights to recover from the Registered Keeper under the protection of freedoms Act 2012".

Further they add....

"We consider the amount on the PCN as a reasonable charge for liquidated damages in respect of a breach of contract and contend that it is not a 'penalty' for a number of reasons. We have calculated this sum as a genuine pre-estimate of our losses as we incur significant costs in managing the parking location to ensure compliance to the stated Terms and Conditions and to follow up on any breaches of these identified. A full breakdown of loss will be provided at the request of a judge, but once again, we refer you to the outcome of the case: Parking Eye v. Mr Kevin Shelly (2013)."

They will NOT accept any further appeals.

Option to appeal to POPLA stated together with a POPLA Verification Code given.

At this stage charge goes from £60 to £100 if it goes POPLA.
The landlord will be approached in writing as well.

Any advice with regards the above much appreciated.