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Advice needed for Excel Parking

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Received a PCN from Excel parking, and it says that my appeal must include:
"the drivers name (including title, foreman and surname) and their full serviceable postal address",
in addition to saying
"If you are appealing on behalf of the driver, you must include a written statement signed by the driver confirming that you are authorised to act on their behalf together with your name and full postal address details."
I don't think that this is true, but need advice from people who know about this. If untrue, is this demand something i could add to an appeal as it is misleading as to what information i have to provide?

I have since revisited the place where the ticket was issued and found a sign there saying that the discount of £60 is applicable if paid within 7 days, but the PCN i received says within 14 days (initial charge £100). Is this incosistancy again anything that i can add to an appeal?

Thanks to anyone who helps, amazing forum :A

Comments

  • da_rule
    da_rule Posts: 3,618 Forumite
    Sixth Anniversary 1,000 Posts
    We need to know exactly what has happened:

    1) When and where was the ticket issued?
    2) Was it through the post of on the windscreen?
    3) Have you already appealed? If so when?
  • issued 24/03/2014
    George's street car park, wakefield
    via post
    no appeal done as of yet. want to sort it asap.
  • da_rule
    da_rule Posts: 3,618 Forumite
    Sixth Anniversary 1,000 Posts
    Well then no you don't need to name the driver. Appeal using the template in the Newbies sticky thread. You could throw in a sentence along the lines of "I am under no legal obligation to name the driver, and your assertion that I need to is a gross misrepresentation of the law."

    I would also complain to the BPA about the wording.
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    They are lying, you appeal this as the registered keeper or keeper, they don't need to know who the driver is, and the protection of freedoms act 2012 is specific in this. And the dvla is of the opinion of this, though it mentions popla in point 4 , it applies in this situation as well.
    “the following practices may be considered as Code breaches and must not be continued:
    • Asking the motorist to enter into additional correspondence to obtain a POPLA code
    • Failing to include a correct and/or valid POPLA Code within the Rejection correspondence
    • Issuing a POPLA Code with a date identifier which is significantly different from the date of rejection
    • Appearing to indicate that the issue of a POPLA Code is conditional on driver details being supplied “
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • Hot_Bring
    Hot_Bring Posts: 1,596 Forumite
    I'd report Excel to the BPA if I were you ( Steve Clarke's details are in the Newbie thread ). Excel have no right to ask you for the drivers permission to appeal nor for you to name the driver. POFA and BPA rules allow the registered keeper to appeal.

    Excel breaking the rules AGAIN.
    "The darkest places in hell are reserved for those who maintain their neutrality in times of moral crisis." - Dante Alighieri
  • kidstaxi
    kidstaxi Posts: 23 Forumite
    Seventh Anniversary Combo Breaker
    This is too much of a coincidence. George Street, Wakefield? Not far from Smyth Street, where my invitation started. To save you a bit of trouble, you may be able to use quite a lot of what I have done for my appeal, link below. The driver parked on a Sunday, thinking it was free (obviously, not free). The Free parking on a Sunday plea is mitigation. You cannot use mitigation in appeals, only the letter of the law (and I have plenty of that on my side).

    https://forums.moneysavingexpert.com/discussion/4916007

    I'm just waiting for Excel to send their evidence to POPLA (should be fun).

    Have fun! :):):)

    Cheers,
    Kidstaxi
  • Coupon-mad
    Coupon-mad Posts: 152,614 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    issued 24/03/2014
    George's street car park, wakefield
    via post
    no appeal done as of yet. want to sort it asap.
    Please come back to the forum, start again at square one and don't pass 'go' until you've read the 'NEWBIES PLEASE READ THIS FIRST!' thread at the top:

    http://forums.moneysavingexpert.com/forumdisplay.php?f=163

    I would stick with the tried and tested wording for the simple 2 stage appeal. At POPLA stage we win every time, 100% record, so follow the NEWBIES thread including how to win at POPLA in due course and you'll be fine, just like all these newbies were:

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

    Please don't panic when you get the silly auto response from Excel's email. It's an AUTO RESPONSE and doesn't need a further reply, nor even to be read.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Folkiedave
    Folkiedave Posts: 227 Forumite
    To the original poster.

    Make sure you complain to the DVLA and make sure you make it clear it is an official complaint. The person to contact is Elizabeth Symons.

    Excel and sister company Vehicle Control Services have been told not to do this.
This discussion has been closed.
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