Excel - Peel Centre, Stocxkport

SimBurt

Hi


I received a Penalty Charge Notice on 20/03/2014 and sent an appeal based on the template on this website.


I have now received a Liability Notice dated 06/05/2014. Are they just playing the 'we did not receive the appeal' card or are they ignoring the template letter as they do not consider it as an appeal.


I am thinking of writing again, enclosing a copy of all correspondence asking them to cancel the parking invoice as they have not responded to my original appeal. Or should I just send another letter enclosing my original appeal and state they must not have received it?


Many thanks in advance and the letter I sent is below:




PCN number #############
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 your ATA 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 recent Notice 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).



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,

ColliesCarer

If you sent your appeal in fairly soon after receiving the PCN they are way past the 35 days they should have responded in so a complaint to the BPA may be in order.
How did you submit the appeal?
If by post did you get proof of posting?
Have you had any acknowledgement?

SimBurt

It was sent within 3 days by post but I didn't get proof of postage. I have had no acknowledgement.

ColliesCarer

Would suggest you send a copy of your original appeal with a strongly worded covering letter complaining that as they have failed to provide you with a response to your appeal or an explanation for their tardiness within the 35 days as specified in the BPA CoP you have reported this breach to the BPA and demand they now either cancel the charge or provide a detailed rejection letter and POPLA code by return or you will consider the matter closed.

Do not do this

Or should I just send another letter enclosing my original appeal and state they must not have received it?

You need to respond robustly and not give them any get outs - You sent it - they have not responded.
Send from the Post Office and get a free Certificate of posting
Then also report them to the BPA for failing to respond to your appeal.
Contact details will be found in post #6 of the NEWBIES sticky thread

SimBurt

Thanks for the advice ColliesCarer, much appreciated.

bod1467

PS - you did NOT receive a PENALTY charge notice.

SimBurt

Sent an email to Steve Clarke at BPA as follows:


Dear Mr Clarke

As per the enclosed PDF documents I received a Parking Charge Notice on 20/03/2014 from Excel Parking and sent a letter of appeal on 23/03/2014, as promptly as I was able.

I have received no response to this correspondence and I am now shocked to have received a Liability Notice dated 06/05/2014, over 40 days since I sent my letter of appeal. I find this very unprofessional and this is clearly in breach of The British Parking Associations Code of Practice.

I have again written to Excel, please see my letter of 09/05/2014, to ask them to either cancel the Notice or deal with my original appeal and provide a POPLA code if they decide to reject my appeal.

As I have heard many stories and read many articles with regards to this company, I feel it is my responsibility to report these matters direct to you to ensure your are aware of this company's breaches of your organisations Code of Practice.

I look forward to reading your views on this situation and what action the British Parking Association will be taking to ensure these types of breaches do not happen in the future.

Yours

And got two replies as follows:


Thanks for your e-mail, the contents of which are noted.

By copy I am asking my colleague ####### to deal with this issue for you.

She will be in contact shortly.

Kind regards

Steve Clark
Head of Operational Services
British Parking Association


Thank you for your e-mail.

Your case reference is BPA – #####.

I have started the investigation and once this has been concluded I will be in touch.

Kind regards
###############
POPLA Liaison Officer
British Parking Association


Will let you know the results of the investigation. I've blanked out the person's name who is dealing with this as I don't think individual officers should be named.

SimBurt

Received a response to my email to BPA as follows:


I am currently in correspondence with the operator in regards to your complaint.

The operator has advised they never received your appeal. I note we have received a copy of your appeal. However, do you have any proof the appeal was sent? Was it sent recorded delivery?

I look forward to hearing from you.

Kind regards
############
POPLA Liaison Officer
British Parking Association




I have sent the following response as I happen to know how Si-Dem works for Local Councils who use that for PCNs


Hi #######, thanks for your response.


Unfortunately I did not get a receipt of postage, but I will in all my future correspondence. I did not think that post would go astray if going to a P O Box Number.


However, I do find it hard to believe that the Parking Charge Notice allowed 28 days for payment or appeal and yet Excel waited over 40 days to generate the Liability Notice, I would have thought that their systems automatically generated the Liability Notice after 28 days if no payment or response was received. The twelve plus days delay suggests to me that they have indeed received my appeal, scanned it on to their system, chose to ignore the appeal, and reset the timer on the case to issue the Liability Notice 28 days later. Therefore, can you please ask for a correspondence or history log of the case to indicate why the timings appear to be out on sync.


For information I have resent my appeal to Excel and I have proof of postage.


Many thanks in advance.