Excel Parking... Popla Code

fjz222

Ok Guys and Gals I'm looking for some help please?
I parked in a Car Park controlled by Excel Parking, I tried to put my money in the machine and the machine took my pound and gave me no ticket, I walked into the closest shop and asked what to do they advised I would be ok for 15 minutes, so I bought a few sweets and left, I have since received a PCN for parking for 18 minutes, I have appealed to B&M, I have my receipt and the name of the lady at the shop who told me I would be ok.
I have appealed to Excel using a standard I except nothing, there signage was poor and there fee is unreasonable letter and not even telling them I was driving, I now have a POPLA code and a very strong pay up or else letter.


What do I do now????


I have seen a few of the standard template letters but don't know weather to plead to POPLA on the I tried to pay and I was only there 18mins or on the Signage, Unfair charges etc...


I can tell you where I was parked and give details of the letter I sent to BM asking for them to cancel and a copy of the letter I sent to excel if it helps


Thanks in advance ..

Fruitcake

fjz222 wrote: »

Ok Guys and Gals I'm looking for some help please?
I parked in a Car Park controlled by Excel Parking, I tried to put my money in the machine and the machine took my pound and gave me no ticket, I walked into the closest shop and asked what to do they advised I would be ok for 15 minutes, so I bought a few sweets and left, I have since received a PCN for parking for 18 minutes, I have appealed to B&M, I have my receipt and the name of the lady at the shop who told me I would be ok.
I have appealed to Excel using a standard I except nothing, there signage was poor and there fee is unreasonable letter and not even telling them I was driving, I now have a POPLA code and a very strong pay up or else letter.


What do I do now????


I have seen a few of the standard template letters but don't know weather to plead to POPLA on the I tried to pay and I was only there 18mins or on the Signage, Unfair charges etc...


I can tell you where I was parked and give details of the letter I sent to BM asking for them to cancel and a copy of the letter I sent to excel if it helps


Thanks in advance ..

Not this, but don't know weather to plead to POPLA on the I tried to pay and I was only there 18mins. What happened on the day won't work.

But this, on the Signage, Unfair charges etc...

Use one of the template appeals in the How to Win To Win At PoPLA part of the Sticky thread for NEWBIES.

Also, use the PoPLA code checker on the Parking Cowboys site to make sure the code is genuine.

Umkomaas

I have seen a few of the standard template letters but don't know weather to plead to POPLA on the I tried to pay and I was only there 18mins

You can do ...... if you're happy to lose! Mitigation has never been considered by POPLA; they even tell you that on their website. Don't do it!

Rather you need to work through the NEWBIES FAQ sticky (top of the forum index, one page back from here) and look at post #3 and the 'How to win at POPLA' blue link. The winning appeal will be there for you; it will just need tidying up to reflect your case, but go very easy on the mitigation element. You need proven winners - signage, locus standi, GPEOL etc.

bazster

You didn't try to pay, you paid. PoPLA is not interested in mere details like that though.

Primeau

Interesting. The source of my troubles was also a faulty meter. I am assuming that my best defence is based on insufficient signage with respect to information regarding a machine fault.

See thread: UKPC ticket in Scotland - driver identity admitted

Good luck !

Coupon-mad

I have seen a few of the standard template letters

Use one or two of them to create your own draft. As it's Excel look at Excel and VCS examples! Go in strong on 'no GPEOL' (acronyms are all explained in the NEWBIES sticky thread). Do not talk about what happened. Do not say who was driving.

Also, was the NTK received by day 15? The NTK wording should also be in the appeal, pointing out where it's not a Schedule 4 POFA-compliant document, like you will see in several POPLA templates talking about paragraph 9 of the Schedule (e.g. the Civil Enforcement and the recent CP Plus example POPLA appeals certainly have that paragraph about 'no keeper liability').

You are saying that you didn't give away who was driving (are you sure you didn't say 'I tried to pay' or similar?).

Finally be aware that an Excel POPLA appeal also involves receiving a big pile of paperwork or an email of their 'evidence' later on, which you are best to rebut in full with a final email to POPLA. Examples in LOTS of Excel threads, so search the forum for the word 'Excel' or 'Excel rebuttal' when you get to that stage.

For now let's see your draft POPLA appeal and confirm to us if the NTK was received in time but do also read paragraph 9 and show us that you've spotted the wording omissions which could make the difference.

fjz222

:T :j
Ok Thanks to every on on here for you help, I just recieved an email from popla, my appeal has been accepted and the "Invoice" squashed.
Thanks

The Appellant appealed against liability for the parking charge. The Assessor has considered the evidence of both parties and has
determined that the appeal be allowed.
The Assessor’s reasons are as set out.
The Operator should now cancel the parking charge notice forthwith.
Parking on Private Land Appeals is administered by the Transport and Environment Committee of London Councils Calls to Parking on Private Land Appeals may be recorded

Reasons for the Assessor’s Determination
On ** September 2014 the operator issued a parking charge notice to a vehicle with registration mark *****. The operator recorded that the vehicle was parked without displaying a valid pay and display ticket or permit.
The appellant made many representations; however, I shall only deal with the ground upon which the appeal is being allowed. Specifically, the appellant submitted that the charge does not represent a genuine pre-estimate of loss.
In order to justify that the amount is a genuine pre-estimate of loss, the operator submitted a breakdown of the losses they incurred as a result of the appellant’s breach. Amongst other things, the operator has included costs such as the debt recovery process and final reminder process costs which cannot be taken into account as the operator has not incurred this loss as a result of the appellant’s breach. I am not minded to accept the debt recovery process as part of the justification as not all parking charge notices will go to the debt recovery process stage. I also find that the operator cannot claim the “2nd Stage Process” to be a separate heading of losses incurred as a result of the appellant’s breach. This is because the procedure for dealing with an appeal is not structured in a way so that the appellant can re-appeal to the operator. Therefore I find that it is not reasonable for the operator to pre-estimate this as a loss. I find that the list submitted by the operator does not substantially reflect the loss suffered as a result of the appellant’s breach. This is because it appears that a substantial portion of the costs refer to the debt recovery process and the “2nd Stage Process”.
Considering carefully all the evidence before me, I find that the damages sought on this particular occasion do not amount to a genuine pre-estimate of loss.
Accordingly, the appeal is allowed.

Coupon-mad

Well done - they always lose on that GPEOL statement!