PCN from Excel Parking - Help required

JMR4534

I have received a PCN from Excel Parking. The apparent contravention date is 8 March 2014 and the issue date of the notice is 14 March 2014. The alleged contravention was recorded by ANPR cameras and the alleged reason for the contravention is Parked without displaying a valid ticket/permit.

The background of the case is as follows:

The vehicle entered the car park at 17:37 on 8 March 2014. The car park in question is Bryan House in Wigan. The car park is situated at the rear of a Chinese restaurant at that was the reason for our visit. Being unfamiliar with the car park, I went straight over to the ticket machine to check if any payment was required.

The notice on site says that the car park is open from 06:00 to 18:00. The car park is certainly open after 18:00 as it services a lot of the restaurant goers in the evenings. As I say above, we arrived at 17:37 and I therefore assumed that the notice meant charges were only applicable until 18:00.

I proceeded to pay for 1 hour which would take me past 18:00. I knew we would be staying in the restaurant for over an hour but assumed that when the ticket ran out, the car park was free. I think the ticket machine may have requested the car's registration number but I didn't enter this as I never do so. We returned to the car at 19:28 meaning an overall stay of 111 minutes.

The fine is for £60 if paid within 14 days and thereafter rises to £100.

I don't even understand why the PCN has been issued. Could it be any of the following 3 reasons:

1) I didn't enter the car's registration number in the ticket machine and therefore the ANPR cameras couldn't associate a ticket being bought for the vehicle.

2) I should have purchased a 2 hour ticket even though the car park notice said it closes at 18:00. It clearly is used after 18:00 and no barriers come down to block entry and exit.

3) The ticket had slipped off the dashboard and couldn't be seen. I don't think this even happened and was still on the dashboard on our return to the car.

I would like your views as to whether I would be successful in an appeal. After reading through various threads, I understand that the initial appeal to the PCC is likely to get rejected but then I would have a good chance at POPLA stage because the claim is not a genuine pre-estimate of loss to Excel.

Any immediate reply would be appreciated as I am conscious that I don't want the charge to rise to £100 and would need to make payment now if you do not think I have a case.

Thank you

Hot_Bring

You're concerning yourself with what happened rather than the validity of the charge. In summary you need to :

1. Use the initial appeal letter in the newbies thread
2. Await the rejection
3. Appeal to POPLA

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

Coupon-mad

As well as reading the NEWBIES thread already linked by Hot Bring, do practise using the forum search facility. Less than 10 seconds after searching 'Excel Wigan' as keywords using the heading 'search this forum' next to 'forum tools' above the sticky threads on page one of the parking board, I found this example:

https://forums.moneysavingexpert.com/discussion/4783062

A simple example of a POPLA appeal win - we ALWAYS win 100% of the time so you won't be paying!! But we have better appeal letters in the NEWBIES thread than that one, now.

JMR4534

Thanks for the advice Coupon-mad. Is the following first stage appeal letter ok to send to excel. It's from the Parking Cowboys website. Or should I use your example on the NEWBIES thread?

Withoutprejudice, except as to costs

Parking Charge Notice - Notice to Keeper [Give its ref number]

This letter is a formalchallenge to the issue of your Parking Charge Notice - Notice to Keeperas set out in the current BPA Ltd AOS Code of Practice B.22



On (date) I was the registered keeper of a (make and model of vehicle) registrationnumber (reg number).



Before Idecide how to deal with your Parking Charge Notice - Notice to Keeper, I shouldbe grateful if you would first answer all the questions and deal with all theissues I have set out below. Once you have done so, I will be able to make aninformed decision on how I deal with the matter.



I should be grateful for specific answers to all questions raised. Inthis respect I remind you of the obligations set out in the current PracticeDirection on Pre-Action Conduct.

I dispute your claim for the reasons set outbelow. Please note that although I dispute the whole basis of the parkingcharge, my main concern is its disproportionate and punitive level.

1. Yourparking charge amount claim.



Please explain on which of the following grounds your claim is based:



(i) Damages for trespass

(ii) Damages for breach of contract

(iii) A contractual sum

2. Your loss.



If it is your case that that a trespass was committed or that a contractwas breached such that your claim is one for damages; please give me a fullbreakdown of the actual losses which evidences that this parking charge is atrue reflection of the damages caused solely by the alleged parkingcontravention.


3. Your status – the creditor.



Your Parking Charge Notice - Notice to Keeper simply mentions I]Insert name of parking company if that iswho is named on the PCN/NTK[/I. Please tell me who is the actual creditormaking this £[insert amount] parking charge demand. I need to know exactly whois making the claim and in what capacity.



4. Ownership of premises.



Please tellme who owns the car park as I wish to send them a copy of this letter.

5. Contractual Authority (as required by BPALtd AOS CoP B.7)



Pleaseprovide me with a copy of the contract between your company and thelandowner/landholder that provides the necessary contractual written authorityfor the issue and enforcement of your Parking Charge Notice - Notice to Keeper.



6. Signage.



If it is your case that a contract has been breached or thata contractual sum is now due, please send me photographs of the signs that youdisplay and upon which you seek to evidence that a lawful and legallyenforceable contract was been entered into. Please ensure that the photographsshow the terms and conditions in a clear and legible manner. Please provide mewith a diagram showing the locations and layout of those signs at the car park.Alsoprovide evidence that the wording is in plain and intelligible language and insufficiently large print as to be legible to a driver at the car park’s entrypoint.

7.Summary

I look forward to receiving your acknowledgement within 14days and as there are no ‘exceptionalcircumstances’ your comprehensive reply within 35 days (in accordance withthe BPA AOS Code of Practice B.22.8). I will then beable to make an informed decision as to how I deal with your Parking ChargeNotice – Notice to Keeper.

If you reject this challenge or fail to address the issuesthat have been raised then, in accordance with the BPA AOS Code of Practice 22.12, please ensure that you enclose all the requiredinformation (including the necessary ‘POPLA code’) so that I may immediatelyrefer the matter for their decision.

If you fail to follow any of the procedures outlined in theBPA AOS Code of Practice or your legal requirements under the Protection ofFreedoms Act, or the requirements of the Practice Direction on Pre-ActionConduct then I will make a formal complaint to the DVLA Data Sharing PolicyGroup, D16.

PleaseNote: Unless you have specifically requested it and received my expresspermission, you do not have my authority to disclose or refer this letter orany other communication from me to any other person or organisation.
Yours

da_rule

It is probably better to use the template set out in the Newbies sticky thread on this forum. At the very lease you want to get rid of the without prejudice part.

Redx

use the previous advice wisely, especially the NEWBIES thread which contains the very latest advice and fightback letters and templates , not old out of date ones

Coupon-mad

That one you found is ANCIENT, over a year old. Though I say it myself, please use my template and DO NOT head it up 'without prejudice' (LOL!)!

JMR4534

Hi Coupon-mad

I sent off the initial appeal letter to Excel Parking (your version from the newbies thread) and as expected it has now been rejected. Received their letter on 26/04/14.

I understand that the next stage is to appeal to POPLA but would appreciate some assistance in pointing me in the right direction as to what form the correspondence should take. Is it simply a matter of repeating the information on the initial appeal letter or do I need to include additional detail?

Any help would be much appreciated.

bod1467

The NEWBIES thread deals with POPLA too.