Thrown away parking ticket - do I have a leg to stand on?

toll_house

Hello
I bought the correct parking ticket for the Peel Centre then threw away ticket after I left the car park.
Now Excel are saying I parked without displaying a valid ticket.
As I've now not got any proof that I paid, do I have a leg to stand on?
Or should i just pay up...

pogofish

You do not "just pay up"! :eek:

Start by reading this thread well:

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

Then post back for more help when you have the bones of your challenge/appeal together.

fisherjim

It doesn't matter if you have a ticket or not read what they have said, their made up rules say you didn't "display" the ticket.
It may have been upside down or blown on the floor, even if you had it now they would not be interested, only a reasonable company would, these are scammers after your money only!

Follow the advise on here and you needn't pay these scum anything, indeed you will cost them money for their folly!

Umkomaas

Was the Excel notice to you placed on your windscreen, or was it a letter in the post?

Annie1960

You have two legs to stand on:

leg no 1. You have done nothing wrong.
leg no 2. PCN's are based on a faulty business model, and are not enforceable (assuming it was issued by a private parking company and not the council).

Read through the information in post no 2 above, and then come back to ask questions. You will need to use the arguments outlined in the link above. Saying you have not kept your ticket is not an argument that will win - there are standard arguments which you will find in the Newbies thread.

toll_house

Thanks for all the speedy and prompt replies everyone!

Umkomaas - there was no ticket stuck to the car (after all, a parking ticket was being displayed) just a letter with photos of the car coming and going.

Now then *confession time*
The PCN was from last November. I have since taken the (bad?) advice of a work colleague to 'just ignore them'. I now realise I shouldn't have done this. I have since received a 'notice of intended court proceedings' letter and feel it's time to sort this matter out.
I've read through the thread that Pogofish linked (thank you) and reckon I should send Excel a letter from the template beginning with:
'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'
And then add:
1) The appropriate ticket was purchased and, as such, the driver has done nothing wrong
2) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
3) You are not the landowner and do not have the standing to offer contracts nor to bring a claim for trespass
(The signage is pretty clear so probably don't need to add the point about that.)

I imagine Excel will write back stating that I've missed the appeal deadline.
I'll then write back with a letter from Huddsmoose's template beginning:
'I write in response to your letter dated xx/xx/2013, refusing an appeal against the above noted PCN.
There is nothing whatsoever to prevent your company from accepting an appeal at any stage. I am aware that in many cases in the public domain, private parking companies have issued POPLA codes much later than your self-imposed 28 days guideline and indeed POPLA have confirmed that a code can be issued by the operator at any time...'

If any of you kind citizens out there care to comment/correct me, I will be hugely grateful!

Umkomaas

I'm surprised they are quoting a 'did not display a ticket' as how can they tell that from ANPR capture? Are you sure it's not 'did not purchase ticket'? This is where you buy your ticket, punch in your car registration number and the ANPR system checks as you leave that a ticket was purchased.

That aside, it's all a bit academic now.

I think what you are proposing to do is the best way forward, it will flush them out and see what their next moves will be.

Coupon-mad

If someone other than the keeper was driving you could name them which rewinds the clock - or at least it should do - but Excel like to pretend not! But your first post suggests that's not an option here. Excel will refuse your late appeal and you will then be ignoring any debt collector letters except a 'Letter before claim' or similar such final warning letter from Excel themselves or their solicitor. If you get that, or other Excel (non debt collector) letters, you should robustly respond and again ask for POPLA as the industry's own ADR which is available at any stage (POPLA impose no deadline and any Excel deadline is purely of their own making).

Keep all letters, if you have a bun-fight with Excel in a small claims court in the end your evidence of having had several reasonable requests for ADR refused for no valid reason won't look any better for Excel, than their failure to locate your payment.

Have a think as well - could you have made a typo or could you have put the wrong reg number in (two cars in household?). If so, then include that possibility - and the other car reg if applicable, for them to check their records - in your next response to Excel. And quote their spokesperson and attach the link here to them saying they 'understand' this issue and that they have a standard 'check' for such car reg errors, but fail sometimes:

http://www.bbc.co.uk/programmes/p00zkz1k/features/private-parking

I think you can contact Excel by email throughout so none of your replies will cost you anything except time. Keep all correspondence as Excel occasionally do try a foray into small claims but your position will be stronger and you are less likely to be taken to that stage if you keep replying and throwing spanners into the works. You paid, so they suffered no loss.

Also complain to the Peel Centre (but then I hope you will have already read about that in the forum sticky threads, including the email addresses for the Peel Centre Managers). It's what the sticky threads are at the top for, important advice & details. You want 'Successful complaints about PPCs' in the forum stickies collated by Crabman and in post #2 it shows various Peel Centre Excel cases cancelled. In post #3 of the same sticky it gives contract emails for typical car parks/retailers.