Excel Parking Charge Notice

beckyg_5

Hello,

I need some advice please. I received a parking charge notice in the post on Saturday 14th March.

It is alleged that on 22nd October last year at 7.26pm I breached the car park terms and conditions by staying for 32 minutes on Peel Centre - Stockport.

Given that I live in Bolton it took me a while to figure out why on earth I would have been parking up in Stockport!! I finally figured put that it was the day my husband and I had gone to pick up our new car. We stopped off at KFC for something to eat before heading home. Neither of us noticed any signs saying that you had to pay but to be honest, we wouldn't have thought to look for any on KFC car park!!

I feel that the fine is extortionate - £100 but if we pay within 14 days its £60.

I have seen the template letter on here and I intend to use it to appeal but was just wondering if I have a leg to stand on?? I can't argue that there were no signs - there probably are signs there, we just missed them! Its a fair drive from where I live to go for another look. We was only there for 32 mins though!!

Also, is there an argument to be had over the lapse of time between the contravention and when I received the notice? Its nearly five months!!!

I don't want to pay the fine and to add further insult to injury I had borrowed my mums car to drive us up to where we had purchased our new car from. My husband drove our new car home and I drove my mums - I am expecting her to get a charge through the post any day too

Any help/advice/thoughts would be much appreciated.

Thanks in advance

Coupon-mad

Also, is there an argument to be had over the lapse of time between the contravention and when I received the notice? Its nearly five months!!!

Yes but that's probably because they wrote to the old owner first. What you DO NOT DO is name the driver!

Excel can only hold the driver liable (their Notices are worded that way) so the keeper appeals and the driver is NOT named. Don't write about what happened. Do not bother with IAS appeal stage. Just write once as keeper pointing out why 'the keeper is not liable' and of course the keeper wasn't driving that day (the OH was driving...think about it...the registered keeper did not park the car...think about it again...you know it makes sense!).

Keep all letters and be ready for anything formal like a Letter before Claim. Our threads cover how to respond. Excel rarely try a small claim but the keeper IS NOT liable so do not slip up, do not talk about 'I did this' nor add any wording that gives away anything, when sending that one single 'appeal'. Do not pay them; do not panic.

Yes there are signs up at the Peel Centre but there's also a sign at the KFC 'offering' 15 mins free parking which has no restrictions on it nor any requirement to get a ticket - so there is some confusion but the driver must NOT reply about this so don't try to justify the issue or make excuses.

Don't bother with IAS (saying it again as so many people come back and say 'now it's IAS stage, how do I appeal?'). NOPE.

beckyg_5

Thank you for your quick response. What is IAS??

Do I just email Excel saying that I as the keeper did not park the car therefore I am not liable to pay?

Thanks

Coupon-mad

Pretty much - then they will reject and might 'ask' who was driving - ignore that. They will offer/explain IAS stage - ignore that too (you then don't reply and collect the silly letters. Come back if you get a Letter before Claim warning from Excel themselves.

Redx

do as above ^^^^^^^^^^^^^

there are plenty of signs that are quite recent, and the PEEL CENTRE is a pay and display car park

either you parked on the RED bays at KFC which only allow 15 minutes parking , OR you parked on the peel centre car park itself, near KFC, where full parking charges apply

so you appeal, assume its rejected, then go into IGNORE mode for 6 years (yes , 6 years) - ignoring everything apart from an LBC or an MCOL

NO NAMING THE DRIVER (no implying it either)

NO REPLYING TO ANY BEGGING LETTERS FROM EXCEL OR ANY DEBT COLLECTORS

NO PHONING THEM UP

the word IGNORE means exactly that , IGNORE

its only the LBC or an MCOL (court claim) that will trigger more action from you or your family after your appeal goes in to EXCEL and is refused (keep copies of all paperwork)

if any more invoices arrive for this car park, do the same

Edna_Basher

Although Excel may now be a member of the IPC, they were with the BPA right up to 31st December 2014.

Given that this particular incident took place back in October 2014, shouldn't Excel have to offer POPLA as the "independent appeal service" rather than the anything-but-independent IAS?

Personally, if I had the opportunity to kill this charge off through POPLA, I'd take it.

Coupon-mad

Edna_Basher wrote: »

Although Excel may now be a member of the IPC, they were with the BPA right up to 31st December 2014.

Given that this particular incident took place back in October 2014, shouldn't Excel have to offer POPLA as the "independent appeal service" rather than the anything-but-independent IAS?

Personally, if I had the opportunity to kill this charge off through POPLA, I'd take it.

Very very good point. Totally agree!

OP please let us know if they offer POPLA when you appeal as keeper - they should do.

beckyg_5

Thank you for all of your help so far, it really has taken a weight off my shoulders. I have drafted my response and I would like to run it by you before I send it if that's ok? Also, at the bottom of my PCN it says the following;


"If you were not the driver, please complete and return the relevant section on the reverse of this notice giving the driver's full name and serviceable address in order that we can direct this PCN accordingly............Should the registered keeper either provide an unserviceable name and address of the driver or the named driver denies they were the driver, we may pursue the registered keeper for any parking charge amount that remains outstanding on the assumption that they were the driver" There is then a cut off slip on the back for me to fill in.


Going off your advice I am guessing I just ignore this and write something along the lines of the following;


"
Vehicle registration: XXX


PCN No: XXX


Alleged contravention date: XXX


Alleged contravention time:




Good Afternoon,




I refer to the above.



I confirm my details are as follows:


Name: XXX


Address: XXX

I confirm that I am the registered keeper of the vehicle in question. However, I was not the driver of the vehicle at the time and date of the alleged contravention. As such I am not liable to pay the fine.




I await your decision."


Does this look ok?? Thank you!!!

Redx

not really

what would I do ?

I would send the template letter from the NEWBIES sticky thread near the top of the forum , removing the "rant" part if needs be

not being the driver is no defence due to POFA 2012 , SO A POINTLESS LETTER , SORRY

send the template letter , with the other details like pcn number , VRN etc

then come back if you get a popla code (forgot they were in the BPA last year, times have moved on , lol)

in future , anytime you park or stop the car, check for sugnage and check the terms , be it a supermarket , retail park , retail store , hospital , airport , whatever, its a big sc@m affecting our daily lives, dont fall for it again