Peel Centre, Stockport

Bender000

Hi,

I received a PCN through the post from Excel Parking at the peel centre stockport. I hadn't paid for a ticket.

I didn't get their first letter, so the letter I got says the fine is now £100.00!

I've been to forums.moneysavingexpert.com/showthread.php?p=64393064&highlight=#post64393064
and used the template there (Dear POPLA adjudicator etc etc) as the basis for my own letter (after stripping out the Nandos stuff).

I was just about to email it to popla when I realised I need to write to Excel Parking first (first appeal) !

forums.moneysavingexpert.com/showthread.php?t=4816822

So ive now copied the first appeal template (I have received your parking 'invoice' impersonating a parking ticket etc etc )
and will be emailing it to excel.

Is this the correct way to proceed? Theres almost tttooo much info on these forums!

thanks!

Coupon-mad

Yes but Excel won't accept it late and won't give you a POPLA code because the appeal is later than day 28, so really it's going through the motions purely to show Excel you are not a pushover. Same as this thread only yesterday and loads of others where people won't get POPLA offered (a big fat 'so what' is the answer!):

https://forums.moneysavingexpert.com/discussion/5037522

So much more info would become apparent if you searched the forum for Excel and read other threads. You have no idea about the iceberg of threads with yours a micro-tip at the top of it all, if you think the newbies thread has a lot of info then then reading every Excel thread on this entire parking forum would keep you reading till next Christ,as (2015!).

Bender000

thanks for your reply. ive taken a look at the thread from yesterday and frankly it scares me a bit.

Coupon-mad

Not really, you haven't read my latest reply I just added to that thread a minute ago, near yours! In neither of your cases has Excel established 'keeper liability' under the POFA 2012 (and no-one knows who was driving) so...no cause of action and a good reason to complain to the BPA.

Redx

bear in mind that the first letter you get is deemed as the NTK, so you appeal it as the first NTK using the template letter, late or not

if they fail POFA 2012 then there is no keeper liability and they wont have a clue who the driver was (it could have been me or coupon-mad driving)

so dont throw in the towel, play the game and learn the rules

appeal to excel and add a point D about not NTK arriving so no keeper liability under POFA 2012

no harm in complaining to the BPA about a lack of an NTK, making them answer to the BPA and either failing that aspect or you get some sort of timeline and letter chain

its the ones who roll over and do nothing that lose , but the ones like Dom with the squeaky wheel needing the oil that win

ps:- that car park has been p&d for years and has a lot of signage so not paying is no excuse, especially as its been featured on watchdog etc a few years ago and in the press, like when Martin Cutts was in court and won

its also in a recent parking prankster blog on his site, and features almost daily on here

Bender000

ok, thanks again. I don't know my pcn off the top of my head so I will reply to these guys tomorrow and keep everyone updated on what happens. Thanks a lot!

Redx

tna wrote: »

ok, thanks again. I don't know my pcn off the top of my head so I will reply to these guys tomorrow and keep everyone updated on what happens. Thanks a lot!

it should be on the latest paperwork , so check it, then do the reply asap

Bender000

For reference heres the letter I received. is it just me or is the wording a bit different to other similar letters in this forum?

hxxps://lh4.googleusercontent.com/sectkbUnHkT7fH6z8dTwAhORnBrYNszE8gnzLgal6F-V708kE7bgmHpsMywP0oY5Y_xW=w1630-h730

Bender000

Been reading Goodnews' thread (showthread.php?t=5037522&page=2) and following his lead im posting my letter here for comments please, before I email it.


Should I make a bigger deal of the fact that I didn't receive their original letter so I supposedly missed this deadline that I didn't even know about???


thanks






Dear Excel Parking

re PCN number xxxxxxx




I have received your parking invoice impersonating a 'parking ticket'. This is the first and only letter I have received from you. I will be complaining in the strongest terms to your client since I am no customer of yours and no longer one of theirs, now. No doubt you convinced them that your operation is some sort of 'parking space maximisation scheme' when it is nothing of the sort and is simply there to maximise your own profits.

I decline your invitation to pay or name the driver, neither of which are required of me as the keeper of the vehicle. This is my appeal and all liability to your company is denied on the following basis:
A The amount is neither a genuine tariff/fee for parking, nor is it based upon any genuine pre-estimate of loss.
B You are not the landowner and do not have locus standi.
C Your signage was not sufficiently prominent nor clearly worded and consideration did not flow from both parties, so there was no contract.

If you choose not to cancel this invoice you must issue a rejection letter in reply to my appeal, explaining:
1 The legal basis of your charge (i.e. breach, trespass or contractual fee). As keeper, I cannot be expected to guess the basis of your allegation.
If you try to rely upon ParkingEye v Beavis at POPLA, I will point out that it was a flawed decision, it is not binding, and it is set for the Court of Appeal. There is clearly no commercial justification for this punitive charge and no case law to support it.
2 Proof of your locus standi to offer contracts to drivers at this site.
3 Your explanation of the consideration that you believe flowed from the driver, and from yourselves.
4 A copy of the signage site map and close-up pictures of the signs in situ at the time, taken at a comparable time of day in similar light conditions.
5 The means to make an appeal to POPLA or the IAS.

Yours faithfully

Coupon-mad

Should I make a bigger deal of the fact that I didn't receive their original letter so I supposedly missed this deadline that I didn't even know about??

Yes I would - state clearly that you were never served with any Notice to Keeper and you are appealing to the first letter you have received about this matter.

Bender000

right, so i just sent off my appeal to excel via email (to [EMAIL="cpo@excelparking.co.uk"]cpo@excelparking.co.uk[/EMAIL]) and within a few seconds I received an automated response from them.

in it they say:

If you have not already done so, please forward the following information as a matter of urgency, as we are unable to process your appeal/challenge without it:

1)The PARKING NOTICE SERIAL NUMBER This can be found in the top right hand corner of the Notice and will be prefixed, SERIAL No. XL/____________.

2)A FULL POSTAL ADDRESS that we can correspond with, as all decisions are conveyed in a letter to the motorist.

3)The FULL NAME of the motorist.




Now, ive read all over these forums that we are do NOT have to give the name of the motorist, correct?


So, how do I now respond to this email?


thanks!