Pls help with this PPC first reply thankyou

adi0604

Coupon-mad wrote: »

Excel won't be able to show windscreen pics because this was a PCN issued by ANPR, based on their records of the car registration input. Do you think 'the driver' could have made a typo or put in another car reg in error (the other car in the household?).

If so, if a possible typo happened (seems likely to me) then change what you are saying to this, which I have amended to suit. If you think the wrong car reg could have been input then add to point (e) and tell them which other car VRN to look for (but DO NOT BLOW IT BY SAYING 'I DID DISPLAY'' !):


Dear Sirs

Re: PCN No.: XLXXXXXXXX

I challenge this 'PCN' as keeper of the car, on these main grounds:

a). The sum does not represent a genuine pre-estimate of loss, nor is it a core price term. It is a disguised penalty and not commercially justified.
b). Your signs do not create a contravention for 'failing to display a P&D ticket' yet that is what the Notice appears to suggest was the case (this is denied).
c). There is no evidence that you have any proprietary interest in the land.
d). Your 'Notice' fails to comply with the POFA 2012 because it fails to specify the period of parking and fails to specify the outstanding parking charges which you consider were 'unpaid by the driver' as at the day before the issue of the PCN. Due to that timeline from Schedule 4, this cannot be the inflated 'parking charge' of the same name, it can only be an unpaid tariff, yet your PCN does not specify that sum. In fact your Notice appears to suggest that you are only pursuing the driver on the 'assumption' that the keeper and the driver are one and the same. This is not evidenced and I will not be helping you to identify the driver. Clearly, it is your choice to issue a NTK which is not a POFA Schedule4 version but you do realise you cannot win at POPLA against a keeper, with this Notice?
e). The driver did pay and display. I suspect there may have been a typo in the VRN, which Excel has clearly not bothered to eliminate as a possibility, despite the BPA requirement for you to carry out manual checks to exclude unjustified PCNs such as this one. I expect you to check your records more thoroughly - hardly a difficult task, because you know the approximate time of arrival of the vehicle. I require that you cancel the PCN.

Formal Complaint
Your clients, the Peel Centre Management, should be thoroughly ashamed of the shoddy way you continue to treat consumers visiting retailers at their premises. Parking firms like yours ruin retailer reputations in failing to demonstrate even a basic understanding of customer service. Excel has not shown itself to be any better than clampers; hardly surprising with a Notice emanating from a firm owned by Mr Renshaw-Smith, aka the notorious Captain Clampit.

I have emailed Nicola Dearden and Kevin Keigher at the Peel Centre to complain about your unwarranted threatening Notice, setting out our considerable distress and alarm - and anger - at having received such an intimidating fake parking ticket for such an extortionate amount. It is almost a joke, but not for them if our family and friends now decide to boycott the Peel Centre due to the way it treats paying customers.

Apart from a formal complaint, the purpose of this communication is:

1. Formal challenge
There will be no admissions as to the driver and no assumptions can be drawn. You must either rely on the POFA 2012 (you missed your chance) or cancel the charge.

2. ''Drop hands'' offer
It is clear that my costs and yours, at this point, do not exceed £15. Therefore, this is a formal “drop hands” offer. I remind you of the duty to mitigate any loss, so withdraw the spurious charge within 35 days without further expense and I will not pursue you for my costs. If you persist then I will charge in full for my time at £18 per hour plus my out-of-pocket expenses and damages for harassment.

3. Notice of cancellation of contract
The Consumer Contracts (Information, Cancellation & Additional Payments) Regulations apply now to every consumer contract, save for a few exemptions, which parking contracts are not. Under those Regulations I have a right to withdraw, even in these circumstances after the event, due to your failure to comply with the information required and your failure to obtain express consent from the driver, to explicitly agree to terms which were not even on the signs. I hereby give notice of withdrawal from this alleged 'contract' which was never properly offered by you and certainly was not expressly agreed because your signs fail to state a contravention/charge at all, for 'failure to display'. Any alleged 'contract' is hereby cancelled and any obligations now end. If you decide not to cancel then you must offer POPLA, in which case the contract ends immediately on the date of their decision (whatever the outcome) so my notice of cancellation still applies.

By replying to the challenge you are acknowledging receipt and acceptance of points 2 and 3 above. If you decide to persist you will be liable for my costs and a pre-estimate of my loss - and in contrast with yours, mine is genuine - is that if this matter proceeds to Court, my costs and charges for my wasted time will be likely to reach £100 at least.

I have kept proof of submission of this challenge. I look forward to your considered reply within 35 days.

Yours faithfully,


{the registered keeper's name}






Oh, and email a complaint to Nicola Dearden: [EMAIL="Ndearden@peel.co.uk"]Ndearden@peel.co.uk[/EMAIL] and copy in Kevin Keigher: [EMAIL="Kkeigher@peel.co.uk"]Kkeigher@peel.co.uk[/EMAIL]

Hi, many thanks for your reply.
Should I enter other VRM as below?
e). The driver did pay and display. I suspect there may have been a typo in the VRN (xx10xxx),

Also would I really need to write about 'Formal Complaint' as it seems like it is some example ?

Please advise.
Thankyou

bluetoffee1878

The complaints to landowners are to make them aware of the way THEIR customers are being treated by these PPCs. The more people that complain the more chance of these people being kicked off their sites.
It does happen, co-op have just got rid of CEL, two major retail parks near where I live now have no PPC infestation (and there is no parking chaos).
Also potentially a complaint to the landowner/retailer could get this invoice overturned. It does sometimes happen.
If not follow the advice of the regulars here POPLA is easy.

Coupon-mad

Yes, include the formal complaint. And email a formal complaint to the two names at the Peel Centre, they often get complaints like this and people should not hold back. I wrote the above version specifically for your case so don't duck out of the sterner complaint side of it! You deserve to be pretty angry about this intimidation.

If you think it may have been another VRN then put this as (e):

e). The driver did pay and display. I suspect there may have been a typo in the VRN (or that they may possibly have entered their other car's VRN which is xx10xxx),

adi0604

Hi Coupon-mad,
Thanks for your help on excel first appeal.

I just sent your format and no I did not duck out never would. You guys are doing a great help by drafting response to us.

Anyways just received below auto reply:

Please note I only mentioned my first name in the email and did not mention postal address.
Should I wait and see or re-sent them email with my full name and address (as per the PCN notice). for Some reason my surname is incorrect in the PCN.
Please advise. Many thanks.



Please be advised that we acknowledge receipt of your email, and will be responding directly to you in due course. However, prior to doing so we require the following information in advance to enable us to process your appeal/challenge. 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.



If you are unable to locate the PARKING NOTICE SERIAL NUMBER we will require the full vehicle registration number of the vehicle to which the NOTICE was served.



Please be advised that Excel Parking Services Ltd cannot accept any responsibility for any increase in the NOTICE CHARGE should YOU fail to provide us with the requested information within 7 (SEVEN) days from the date of this email.



Upon receipt of the required information we will place the NOTICE on hold while the circumstances surrounding the issue of the NOTICE are investigated and the Management team review the contents of your email. Once a decision has been reached, a letter will be issued to the motorist at the identified postal address conveying the outcome of the appeal/challenge. We will advise you in writing of any further course of action you should take, as deemed necessary to support your appeal/challenge. It may take up to 35 days from the receipt of your appeal for us to notify you of our decision or to inform you what further information/action we require. Should we require longer than this we will write to inform you of this in the 35 day period along with a date/timeframe by which we expect to confirm our decision.



Be advised – WE ARE UNABLE TO PROCESS YOUR APPEAL/CHALLENGE WITHOUT THE PROVISION OF THE ABOVE REQUESTED INFORMATION – A PARKING NOTICE SERIAL NUMBER AND THE FULL NAME AND ADDRESS OF THE DRIVER/HIRER/KEEPER.



If you have already provided all relevant information, then please accept our apologies and ignore this email, as we will be dealing with your appeal/challenge and notification of the outcome will be sent to you in the 35 day period specified above.



IMPORTANT: If you have already received a response from us informing you that you appeal had been unsuccessful, we will NOT respond to any further correspondence from you. Our letter would have informed you that our decision was final. As such, please disregard the information/requests referred to in the previous paragraphs of this email.

All Email correspondence should be directed to: CPO@excelparking.co.uk

Thank you for your co-operation.

Umkomaas

Standard auto-response, we've seen it any number of times, no need to respond.

How 'incorrect' is your surname? Completely wrong, or a typo?

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

You need to provide this, otherwise they will have an excuse not to respond and you might well find yourself timed-out of their appeals process. Not that it is enforceable, just that it gives you another pile of **** to have to deal with if you don't provide it.

Coupon-mad

Please note I only mentioned my first name in the email and did not mention postal address.

That is no good! The appellant has to give their name & postal address, so re-submit it with the postal address added.

adi0604

Thanks. Will re-submit.

adi0604

PCN cancelled this morning.

Bravo team MSE, Coupon-Mad

Many thanks for all your help