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Late Appeal to Excel Parking Rejected

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Hello,

I received a 'PCN' several months ago from Excel Parking for allegedly 'leaving the site' upon parking (it was actually free to park on said day).

Anyway, perhaps naively, I ignored the initial PCN on my windscreen and subsequent 'letter to keeper'. As such my 'appeal period' lapsed. It was only when I received a debt collector letter that I decided I would write to Excel. I took a template from this forum stating that it wasn't a pre-estimate of their losses and it wasn't clear that you could not leave the site under any circumstances. I said that it wasn't too late to appeal and requested a POPLA code.

Today I received a response with pictures of signs stating that you are not allowed to leave the site, it is too late for appeal, they would not respond further and I must now converse with the debt collectors (who are now claiming that I owe £160). A second letter from them also arrived today.

Any advice as to how to proceed? My urge is to bin the lot and just let them get bored but I'm not sure that that would be the best way forward..

Thanks in advance for any advice.
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Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    its either pay up or ignore (for 6 years)

    if Excel or the landowner issue an LBC or MCOL, then you need help

    the newbies sticky thread tells you all this

    ideally, you should have appealed when the NTK arrived , you didnt , end of , for now
  • James8
    James8 Posts: 10 Forumite
    Thanks for your reply. Do you recommend that I pay the £160 to the debt collector?

    Does the fact that it is massively excessive not alter things at all?

    Thanks again
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 29 May 2015 at 7:54PM
    nobody on here would recommend paying a debt collector , you are on the wrong forum if you think we would wish you to burn your money, this is money saving expert dot com , not pay your money to sc@mmers dot dom

    you can read "what I think" in here

    https://forums.moneysavingexpert.com/discussion/5161978
  • James8
    James8 Posts: 10 Forumite
    Thanks Red, really appreciate it.

    Apologies I thought you were suggesting to just pay up, which obviously would have to be to the debt collector as Excel say they will have no further correspondence. From my research, mainly on here, I thought the best cause of action would be to try get it back to the POPLA stage, I guess I'll just have to hope they don't go as far as 'LBC' as you say in the other thread.

    Thanks again,
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    if they get to LBC stage or court, that is when you suggest ADR by POPLA (as long as the event was in 2014 and not 2015)
  • James8
    James8 Posts: 10 Forumite
    edited 29 May 2015 at 9:45PM
    The event was in 2015, does this change anything?

    Thanks
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    yes, excel left the BPA on 31 dec 2014 , so its IPC and IAS now - there is no popla stage , as mentioned here https://forums.moneysavingexpert.com/discussion/5241100
  • James8
    James8 Posts: 10 Forumite
    Ok.. Can you point me in the general direction in where I can see the difference? Or how I should proceed. I'm guessing me asking for a POPLA code originally was pointless.

    Apologies, I'm sure you've been asked 1000+ times. Really appreciate it.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    the NEWBIES sticky thread is where all the fonts of knowledge reside

    have you thought about googling the 2 websites too ? BPA and IPC , then POPLA and IAS

    yes it was pointless , but they would have still refused ADR by any means anyway
  • Umkomaas
    Umkomaas Posts: 43,362 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 29 May 2015 at 10:28PM
    James8 wrote: »
    The event was in 2015, does this change anything?

    Thanks

    Yep. From 01/01/15 Excel evacuated the BPA ship and clambered on to the IPC rust bucket.

    Better chances of appeal success rested with the BPA's POPLA - the IPC's version (the IAS) rarely favour the motorist, raising real suspicion of bias towards the PPC network.

    Two schools' of thought.

    1. Engage in the whole appeals process to show any potential court proceedings that you connected with the full procedure in order to reasonably resolve your dispute.
    2. Ignore everything from here on, only respond to a LBA/LBCCC or MCOL (see NEWBIES sticky, post # 2 for acronyms) and chance your arm on them wimping out of taking this further. Pray in aid copies of other seemingly unfair IAS adjudications to prove your point of their perceived bias.

    There really is no right or wrong way of dealing with this; opinion here is split. Ignore seems to be the easy option, but don't opt for that (human instinct to put the head under the pillow when the bogey man appears in the bedroom!) without seriously weighing up the pros and cons of each course of action.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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