Help with reply to Iceland's customer services RE: Excel PCN?

Lorriesplash

Hi, my first post after much lurking over the years!

I wrote to Iceland in regards to their agents Excel harassing me (I appealed to them first using advice on the newbies thread and unsurprisingly they rejected it, not first by multiple typos stating that the carpark was 1.5hrs max free not the 1hr which it apparently is, ludicrous considering they were saying I 'overstayed' with my 87min parking). I explained I was in a large group of people that I was transporting (9 about to go on a trip), that I often shop there and take people there including for work and they would lose my custom etc. Stated the amount was far surpassing any loss etc. Received the following pretty swiftly, any ideas if what they're saying about having no power over it is true (i.e. they are not the landlords)? Also is it still possible to appeal to POPLA about Excel (their letter stated I had to make it to the IAS)?:

Dear Miss Evans

Thank you for contacting us about the parking fine that you received when you recently visited our Camberwell store. I’m disappointed to read about our valued customers having problems like this.

At some of our leased stores the car parks are managed by an external company on behalf of the landlord. According to the signs provided by Excel Parking at our Camberwell store’s car park, any driver entering the site is required to purchase and display a valid ticket.

You will need to contact them directly to get this taken off.

Once again let me apologise for any stress and inconvenience this situation has caused you, I do hope that I have explained everything clearly and hopefully restored your faith in Iceland. I'm sure that your next visit to our store will be more pleasurable!

Kind regards

Beth Heeley
Iceland Customer Care

Any help much much appreciated!

ColliesCarer

It is not possible to appeal to POPLA - Excel are now members of the IPC Approved Operator Scheme and second stage appeals are as they have indicated made to the IAS.

The IAS is considered by many to be not worth the bother as it appears to be very biased in favour of the PPC and turns down about 8 out of 10 appeals.

Others think it's worth it so if the case ever gets to county court you have a paper trail showing you acted reasonably in following the process and have a ruling from the IAS that shows the lack of impartiality from what is supposed to be an independent appeal body.

Only you can decide whether to now ignore Excel (and the subsequent debt collector rubbish) or appeal to the IAS then ignore when your appeal is rejected - but if you do decide to appeal you will need to do so on the legal arguments not the mitigation you have described re: transporting 9 people etc.

Of course there is also the option of paying but no-one here would advise that.

Re: the Iceland response - someone may have info on this location but without sight of their lease agreement with the landlord or knowledge of who Excel's contract is actually with it will be difficult to know for sure who engaged the ppc.

If Iceland are the sole tenants of both the building and the car park then it's much more likely they engaged the ppc than if the site has multiple retailers.

You could try getting the land registry details for the location (£6 for a copy of the title and site plan) which may indicate whether Iceland leased the whole of the site (including the car park) and not just the shop building.
This can be done on-line and takes minutes to get the info.