Excel Parking - Cavendish Retail park

gav_s

Having read through many posts on here, I just thought that I would post my situation to clarify my thoughts! We received a parking charge notice on the 23rd October about not displaying a valid pay and display ticket. This is correct but only because we didn't realise that we had to. Being new to the area and looking for a particular shop, we saw the shop and just drove in and parked and went into the shop to make a purchase. Didn't even notice that it was a pay and display.We stayed for 34 minutes.
So, going on posts that I have read, the best hope for me is to appeal to the retail park owners explaining our situation ? i.e being so keen to use their shop and being new to the area, we totally missed the sign at the entrance. We have received 1 notice to pay, 1 reminder and a debt collection letter and think that it is excessive for 34 minutes parking on a Sunday afternoon. Is there also something saying that they have to inform you within 14 days of the incident? Ours was the 4th October, the 1st demand arrived on the 23rd October, the letter itself dated the 20th October.

Redx

if they wish to invoke POFA2012 then if there was no windscreen ticket they have to send an NTK within 14 days, or if there was a windscreen ticket the NTK had to arrive from day 29 to day 56

Excel tend not to bother with POFA 2012 so in theory can only chase the driver like before 2012 (this wont stop them harassing the keeper though)

they have 6 years to try to enforce the invoice they sent under Small Claims court rules (treat it as an unpaid invoice, it makes more sense then)

yes try for a landowner cancellation, otherwise its IGNORE for 6 years unless Excel send court papers (not debt collectors who are powerless to act)

and no naming the driver, because thy appear to have failed POFA2012 so keep it that way, its your best defence so far (but not the only legal argument)

gav_s

Hi sooo, today I have just filled in the N180 following the FAQ advice.
I submitted the initial defence with help from the Parking Prankster a couple of months back.
Now I am getting nervous. I have had absolutely no contact with either Excel or BW, except the usual letters through the post. I had a couple of answerphone messages from them a while back on a phone I no longer use , but did not ring back.
Do I need to write the full defence now? and do I use the initial defence ' running order' to write it?
i.e point 1, do I just flesh this bit out a little?
I had no luck with the landowner. B&M ( on the retail park ) were very unhelpful, although I was only emailing their customer service. I struggled to contact any body at Sports Direct.
Any advice would be greatfully received!
thanks

System

Have you had a court date yet? If not there is no need to write it but you can send a Subject Access Request to Excel to get any information they have about you. Costs £10 but it gives you material to use for your Witness Statement.

gav_s

thanks. no , no court date yet. Going to post the N180 to both parties today. needs to be back for the 14th. I have since found out the retail park owners from another post on here, so I was going to go down that path again in the meantime?
so do I request the Subject Access Request direct from Excel? or go via the court?

Coupon-mad

Google and read about SARs and you will know it's a direct request.