My apologies for another pcn at peel centre.

Stills

So two weeks ago on a Sunday, i went to the peel centre with my wife and son to pick up a kitchen accessory from currys. They were the only place that had it in stock, I live in Bolton and have never been here before (and probably will never be coming back)! I noticed the child parking spaces in front of currys so I parked there straight away.

Being a Sunday and a retail park, I assumed it was free on Sundays and I never noticed any signs telling me otherwise. We went to currys, got our item and left.

I received a pcn dated 12th august asking for payment of £60. !!!!!!!
After lots of reading up ang looking at google street view, there was a sign on entry but it was at a turn so I didn't notice it while steering into the car park. Anyone who knows this place will know that the child places is more or less at the entrance. I didn't visit any other store so didn't look or see any pay and display signs.

Onto the fine, they want £60 or £100 if it's after 14 days. That cutoff will be 26th august. My official stay time was 31 minutes. How can they demand £60 for half an hours parking?! Admittedly I didn't see the pay sign so that was my fault but can I appeal the excessive charge? The website states 0-3 hours is £1.30.

Any help and advice is greatly appreciated.

Redx

a lot of incorrect wording and assumptions there m8 (this place comes up almost every day so there is no excuse for assumptions or falsehoods)

first, its not a fine, only a judge or a court can fine you and this has not been in front of either judiciary - its an INVOICE for not buying a ticket on the day that corresponds with the anpr cameras at the entrance and exit and is a well known honey pot trap car park and has been for years

this site is notorious and has been on bbc watchdog a few years ago and the signage has changed several times and there are plenty of signs about

its also a 24 hour pay and display car park with its own website telling you all about it and the charges and the 24 hour part is more than a year since it was changed thus

here http://www.peelcentrestockport.com/parking/

its also pay and display 7 days a week and gets very busy on sundays , its not free at all and there are no free pickup points or anytthing apart from a few 15 minute bays at KFC

there are hundreds of posts on here about it telling people what to do , I can assure you that what happened on the day is not relevant but as its private land owned by Peel holdings they can charge "what they like" up to say £100 as advised by the BPA - extortionate ? - yes it is, but it is what it is

so having said that , read and follow the advice in the NEWBIES sticky thread at the top of this forum and appeal it, then go to popla once you have the popla code

it is such a notorious site its 2 copy and paste appeals from here, one to excel and one to popla, so no real work to do on your part as its a well trodden path which is why we ask for no more threads about it

good luck

ps:- I put an explanation about that notorious car park here 6 months ago

https://forums.moneysavingexpert.com/discussion/4885412

and myself and bondylad have commented on it dozens if not hundreds of times previously

Coupon-mad

Welcome to MSE.

As ever, this is covered in the sticky thread at the top of this parking forum - which is why I wrote it. Sadly, last year it got silly as we could not keep up with all the ''help I have got a private parking ticket, what do I do?'' threads so I wrote a sticky thread BEGGING newbies to 'read these FAQS first'. All covered, template appeal and how to win at POPLA, the lot. We win every time v Excel.

Stills

Thank you for the detailed replies. I understand it is my fault for not taking notice of the signs but with so many complaints, why are they allowed to keep doing this?

If it was say a £30 fine then I'd probably accept it as my mistake and pay it for not observing. My wife is telling me to just pay the pcn and let it be. If it's as easy to appeal as you make it out to be, that will definitely be my way forward.

Dee140157

I wouldn't normally tell someone to ignore their wife, but...

Appealing is easy of you follow the advice as instructed. There is no need to pay a penny.

Redx

Stills wrote: »

Thank you for the detailed replies. I understand it is my fault for not taking notice of the signs but with so many complaints, why are they allowed to keep doing this?

If it was say a £30 fine then I'd probably accept it as my mistake and pay it for not observing. My wife is telling me to just pay the pcn and let it be. If it's as easy to appeal as you make it out to be, that will definitely be my way forward.

Because its an unregulated industry and the land is owned by Peel Holdings who can do almost as they please with it , ie:- who do you complain to and what about ?

I have recently complained to my local MP about it - have you ?

its also been an issue discussed in the Daily Mail and Express earlier this month (but not this actual car park as such)

best to appeal it and do not let it get as far as court like can be seen in here where parking prankster is helping people who are being taken to court over the same car park

http://parking-prankster.blogspot.co.uk/2014/08/excel-parking-pay-for-failure-to.html

and here https://forums.moneysavingexpert.com/discussion/5041004

with the help on this forum its easily won at popla as can be seen in the many wins in the POPLA decisions sticky thread linked in the crabman sticky thread

https://forums.moneysavingexpert.com/discussion/4488337

Umkomaas

@OP - follow forum advice to the letter (from those with a sizeable post count - do not respond to PMs from posters with low post counts - report it here for checking out if you do get such) and you'll see this off with minimal effort.

Coupon-mad

Stills wrote: »

Thank you for the detailed replies. I understand it is my fault for not taking notice of the signs but with so many complaints, why are they allowed to keep doing this?

If it was say a £30 fine then I'd probably accept it as my mistake and pay it for not observing. My wife is telling me to just pay the pcn and let it be. If it's as easy to appeal as you make it out to be, that will definitely be my way forward.

This is easy and I'm just an ordinary wife & Mum who hates this scam as much as the next poster! No idea why people think these are real PCNs, they are from private firms not Councils and aren't fines at all. Sooo easy to Google it shocks me that anyone still pays these scumbags, ever.

Stills

So this will be my appeal letter to Excel. I've opted for the short version as I feel the long version is too far fetched, like its going to be rejected anyway. I included a short passage at the bottom but have not stated who was driving. Please tell me if this is ok. My appeal needs to be sent by 26th August. Thank You again everyone.


Dear Excel Parking

re: PCN number XL08358118

I have received your parking invoice impersonating a 'parking ticket' and 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:

The amount is neither a genuine tariff/fee for parking, nor is it based upon any genuine pre-estimate of loss.
You are not the landowner and do not have the standing to offer contracts to drivers nor to bring a claim in your own right.
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:

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 Parking Eye 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.
Your explanation of the consideration that you believe flowed from the driver, and from yourselves.
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.
The means to make an appeal to POPLA or the IAS.

The excessive charge that you have quoted cannot be based upon a pre-estimate loss. The vehicle was clocked for 31 minutes during the end of Sunday business opening hours and therefore no loss was made as the car park was derelict.

Coupon-mad

That's fine!

Dee140157

This is easy and I'm just an ordinary wife & Mum who hates this scam as much as the next poster!

For someone with such a thorough grasp of the English language as you have , who also has the ability to wield it to excellent effect, I find it strange to have to pick you up on your language. I think, C-M, that the use of the word "ordinary" is a very inaccurate statement and perhaps should be replaced with the word "extraordinary" !