Excel parking

waamo

Rather than believe the BPA why not read the actual act? As Bod said Section 8 of POFA.

intervest

Ok, sorry bod146. I believe you. Just in a bit of a tizz is all. Had a look at POFA. Will email them as per your previous post saying they are incorrect, please review appeal, if reject send a POPLA code... etc...

intervest

I'm about to email this, look OK?

I sent you an appeal dated 9th February 2015 after receiving your Notice to Keeper dated 6th February 2015, following an alleged contravention dated 31st December 2014.

I then received a letter saying I was outside the timescale for appeal as this period was 28 days from date of alleged contravention.

This is incorrect, as per Section 8 of Protection of Freedom Act, I have 28 days to appeal from the issue date of the Notice to Keeper (6th February 2015).

Therefore, please review my appeal dated 9th February 2015, and if declined please send me the POPLA reference so I can appeal to them.

Should I not hear from you (other than an automated email) I shall assume the matter to be closed.

waamo

I would be tempted to complain straight to the BPA pointing out this was pre them leaving. They have rejected you once why not cause a bit of trouble for them?

Having jumped ship the BPA won't be too concerned at upsetting them and refusal to provide a POPLA code carries sanction points which get transferred to the new ATA.

Coupon-mad

intervest wrote: »

At risk of incurring the wrath of fellow forum members, and purely so I understand my situation, the following information appears on the 'knowyourparkingrights' website, which is linked to the BPA website.

OMG no-one reads the 'knowyourparkingrights' website - it was a stupid idiotic joke of an article by BPA to give a veneer of reality to what they do. Written by the parking companies effectively! We laughed at it when it appeared.

intervest

lol at Excel parking and their barefaced cheek. So after their letter saying I was too late to appeal, I complained to BPA and they said hang fire whilst we investigate. I then received an appeal decline letter with my POPLA code. What a shame that an appeal to POPLA on the grounds of them breaching the code of practice wouldnt be sufficient grounds for appeal.

Excel Parking have kindly given me the opportunity to pay the reduced fee of £60 if I don't appeal to POPLA. However, given their shameful deceit I'm going to do the POPLA thing just to incur them costs and effort, if nothing else.

They sent a photo of signage in ar park saying not allowed to leave, but this is not in the main terms on the entrance signage. Should it be? Logically, a driver would study the big sign at the entrance, as i did, and expect the full terms to be on there, as oppose to dotted around somewhere else in the car park.

nigelbb

intervest wrote: »

They sent a photo of signage in ar park saying not allowed to leave, but this is not in the main terms on the entrance signage. Should it be? Logically, a driver would study the big sign at the entrance, as i did, and expect the full terms to be on there, as oppose to dotted around somewhere else in the car park.

You are absolutely correct a clause cannot be incorporated after a contract has been concluded nor can a representation made by one party become a term of a contract if made after the agreement was made. There are a couple of famous court cases that clearly establish this point of law.

http://en.wikipedia.org/wiki/Thornton_v_Shoe_Lane_Parking_Ltd
http://en.wikipedia.org/wiki/Olley_v_Marlborough_Court_Ltd

whitney1919

Help, I have just received through the post a parking charge notice from excel parking, I was meeting my friend for dinner at the carpark, when I got there she wasn't there so I waited in my car till she shown up, she was at the dentist with her daughter, when she finally came which was all of fourteen minutes, she then told me she couldn't do dinner as her daughter had a tooth filled, I said Ok no worries, I knew it was a pay n display carpark and I was going to pay for a ticket on leaving the carpark whilst going for dinner, but because we never went I just started my engine n drove off the carpark, I never once got out the car n left my car on the carpark o sat in it for the full fourteen minutes, nothing was issued on my windscreen on the day, just the parking charge notice through the post, Thankyou for any advice you can give me

nigelbb

whitney1919 wrote: »

Help, I have just received through the post a parking charge notice from excel parking, I was meeting my friend for dinner at the carpark, when I got there she wasn't there so I waited in my car till she shown up, she was at the dentist with her daughter, when she finally came which was all of fourteen minutes, she then told me she couldn't do dinner as her daughter had a tooth filled, I said Ok no worries, I knew it was a pay n display carpark and I was going to pay for a ticket on leaving the carpark whilst going for dinner, but because we never went I just started my engine n drove off the carpark, I never once got out the car n left my car on the carpark o sat in it for the full fourteen minutes, nothing was issued on my windscreen on the day, just the parking charge notice through the post, Thankyou for any advice you can give me

Please start your own thread

whitney1919

Sorry I'm new could you tell me how to do that please thanks