Excel Parking - Parked in a restricted area.

OneEyedSpen

Hi,

I have read through the newbie post, but I am unsure on where I am with things and would appreciate some help. Yesterday a PCN was fixed to my car, which is a company vehicle, so if Excel were to get the details from DVLA as stated on their PCN, this would direct them to the company. Sadly at this point they would pay the fine and forward to accounts to be deducted from my salary, so I knew I had to reply quickly if I was to dispute the PCN. Unfortunately I replied prior to being made aware of this section of the forum; it was only recommended that I look on here by a friend later that evening. My reply stated that I had bought a ticket and that when I returned to the car, so not necessarily naming myself as the driver (I wasn't) but probably not the best start...

The PCN was issued to the car for being parked in a restricted area. The car was in a designated space, however slightly overhanging the edge of the space due to the limited size of the spaces and the car in the space next being parked directly on the white line. The area next to the space was a yellow box for a fire escape, which I was nowhere near, so there would be not loss of earnings. Now having paid £4 for four hours parking and 90% of the car being parked within the space, I feel this is ridiculously unfair to be told that I am to pay £60.

Can anyone please advise on what I would be best to do next? I have received an automated email back from Excel stating I must provide a name and address for my dispute to be valid, so don't want to send a second poor response.

Thanks in advance.

hoohoo

As you are not the driver, you should appeal as keeper. This is because Excel's notice to keeper are not valid, and therefore when the time comes, you will not be liable.

You might as well appeal on any grounds as Excel will always reject your appeal. Then appeal to the IAS, who will also reject the appeal.
However, if they then take legal action against you, you will not be liable.

Timing is key. You should wait as close as you dare to day 21 to appeal, and then as close again to day 21 to appeal to the IAS.

You will also need to warn your work that if they get a notice to keeper it should be forwarded to you immediately as the charge is disputed and is currently in the appeals system.

Guys_Dad

If work won't co-operate, accelerate the process and appeal after 14 days or less.

OneEyedSpen

Thank you for the replies. Am I correct in thinking that Excel are no longer a member of BPA, therefore POPLA will not be offered?

As this is a company / lease vehicle, I should now offer my own name and address as the keeper? The ticket stated they have video evidence, should this be requested?

OneEyedSpen

Excel Parking have now sent a letter via the post stating that the appeal has been rejected and offered the option of an IAS appeal. From reading the newbies thread and various others, I believe that I am now to ignore this and the debt collection invoices will begin? Is this correct?

They have attached a photograph showing that the front wheel of the vehicle is out with the space on a yellow hatched area and that a motorist should check signs, which state that they must park within marked bays. They have extended the offer of a £60.00 despite the vehicle having the appropriate parking paid, which seems ridiculous.

Sorry for posting again, but I just wanted to confirm that my early reply before finding out about this section of the forum won't change how I should approach things now.

Thanks.

Umkomaas

To ignore or not?

Have a read of comments made by regulars in two threads today. Informed by those, you need to make your decision. Ignoring is the 'easy' option (so is burying your head in the sand), but opinion here is shifting.

https://forums.moneysavingexpert.com/discussion/5311944

https://forums.moneysavingexpert.com/discussion/5311915

HTH

OneEyedSpen

My concern is that as the car was over hanging the space that, if they were to go to court the judge would side with them due to breach of the contract they state is entered upon parking there. I am away there is no loss on their part, in fact if the £60 is paid they have taken £4 for nothing, surely that should be deducted from the £60 invoice!

Redx

this is the chance you take , as is the fact that the speculative invoice may go up but rarely goes down , court has always been the last resort, it still is

as for your latter question, if you had bought a road tax disc last year , and failed to display it on the windscreen in the normal manner , any "fine" is on top of the price paid and they dont deduct the road tax you paid from the fine for not displaying it

in this case they are not disputing the fact a ticket was bought, but that "rules" were not complied with

at the end of the day, only a judge can decide what is right in a case like yours , or what the "fee" should be if you have to pay

ie:- the judgment

as for your earlier query about the BPA, Excel are coporate members of both of the trade bodies, but pay the IPC to use the IAS , so not the BPA and popla, which in any case is going to the ombudsman from last friday

in your case , its the IPC so the IAS, even if they are in both trade bodies