In the light of Pending Beavis......

katykitten

im refusing to pay a parking ticket from Excel, after missing their notice when parking outside Iceland in Southport when their store was closed.

in the light of the pending beavis situation (and yes i have read the newbies thread) im going to appeal to IPC via your template but am concerned that it will be just a paper excercise - im aware of the value of this if it goes to court and im prepared to pay a proportionate amount of the ticket fee i would have paid had the store been open for business

this is a genuine error on my part but forking out (what could eventually be ) £100 plus for my mistake really leaves a pretty bad taste in my mouth, ive postd on Icelands' facebook page as the car park is in front of their store so i presume that Excel are acting as their agents?

apologies if im missing some of what the more experienced posters on here have posted but theres an awful lot to trawl through!

thanks in anticipation of more expert advice

waamo

Excel will claim Beavis has nothing to do with them. They operate a different model of charging to Parking Eye. PE operate a peanlty system. They are arguing it is commercially justifiable to penalise people who breach a contract.

Excel, on the other hand, say you agree to charges as per their signs. There is no penalty it is a pre-agreed sum.

Umkomaas

You can't 'appeal to IPC'. You initially appeal to Excel, who will inevitably reject it, this gives you access to the IAS (the IPC's 'independent' appeals service).

You can't go to the IAS until you've appealed to Excel. If you've missed the appeal window for the Excel appeal, or you've had your Excel rejection more than 21 days ago, then you've got nowhere to go other than to ignore from here on - other than a Letter Before Action, or MCOL (Google!) papers.

Please let us know where you are on this continuum.

Redx

katykitten wrote: »

in the light of the pending beavis situation (and yes i have read the newbies thread) im going to appeal to IPC via your template but am concerned that it will be just a paper excercise - im aware of the value of this if it goes to court and im prepared to pay a proportionate amount of the ticket fee i would have paid had the store been open for business

that template letter is for Excel, not the IAS

there are no template letters for the IAS, because each appeal is a bespoke one-off appeal

yes it is likely to be a paper excercise , in both cases

plus you cannot appeal to the IAS until Excel have refused your appeal

note , you cannot appeal to the IPC, not at all

you can complain to the IPC, about a member breaking their CoP

I dont believe you understand the differences in all of the above, so read the info again until you do

katykitten

sorry i should have said that Excel have refused my appeal already

Redx

katykitten wrote: »

sorry i should have said that Excel have refused my appeal already

in that case you would draft a bespoke appeal based on legal arguments , with evidence, as a legal defence to the charge brought against you by Excel

this would be presented to the IAS and any evidence uploaded at the same time

the template letter is not an IAS appeal, its merely setting out the stall, with no content , to the PPC

and its the IAS the appeal goes to, not the IPC

there are no templates for an IAS appeal, each one is different, bespoke, drafted by the person who is appealing

in all likelihood it will be rejected and it doesnt matter about the Beavis case because I doubt it will be taken into consideration (unlike popla)

The_Deep

Beavis is not applicable, forget Beavis.

If you appeal to IAS and lose you are home and dry. IAS decisions are anonymous and so flawed that no PPC is likely to risk you showing one to a judge.

If the company do not offer and independent adjudication, (which IAS is not) they have no basis to make a claim, (and DVLA were in the wrong to provide your details).

katykitten

ok so i shall appeal to IAS arguing that the £100 charge is disproportionate to the amount i would have paid had the shop been open for business/had i purchased a ticket

the ticket was on my windscreen so no details provided by DVLA

im torn between accepting the option of a reduced payment £60 now and zero further hassle or removing the nasty taste from my mouth and the lingering sense of bully-boy tactics and greeed winning over fairness and common sense!

katykitten

im considering using these guys,has anyone had any success with them?http://www.parkingcowboys.co.uk/services/

im definitely no expert in these matters - if they are as expert as they claim then maybe i should spend an extra £5??

katykitten

interestingly excel have quoted beavis in their letter declining my appeal!

The_Deep

Put up with the hassle and fight these scammers, you will be striking a blow for all those less able to defend themselves, (and they are many), and pay up. .