Ashton Retail Park - Excell Parking

fostany99

Hi All

I have recently received 4 parking notices each for £60 dated within the last 2 weeks for parking in ashton retail park.

I am a member of the gym which allows 2 hours free parking (which I was well under) but I didn't use the automated system in the gym as I was unaware that this was necessary.

Just wondering how to defend this, I am going to the gym manager tomorrow for help or should I use the templates on the newbies thread to try to defend this??

Thanks

Coupon-mad

Yes and it is not 'defending' it is appealing/challenging the PCNs as the keeper.

Your best bet is very quickly to INSIST the Gym Maager cancels these and do not be told 'you can appeal'. NO, there is no appeal to Excel!!

The Gym can cancel them or you will cancel your gym membership! You need to insist the Gym act quickly because often the retailers have seven or ten days to cancel PCNs at no cost, and after that they hesitate. So move NOW to get these crushed by the Gym. Stand there and do not take no for an answer, do NOT be told there is an appeal, there isn't.

Don't tell us there is - there isn't.

Redx

the gym is at fault for not informing you of your membership rights and their procedures

insist that they cancel all of them and show you what you should have already been told and shown

dont take NO for an answer

as mentioned above, there is no legitimate appeal procedure

fostany99

Hi both

Thanks for the advice

Been in today, Gym Manager unable to help told him I would cancel membership, still said no help, called customer service line, again unwilling to assist, escalated to Regional Manager who "may" get back in touch, have told them will cancel membership if no response today.

Explained 7-10 days rule, they said this is not the case, not able to do this (first ticket is 17th so running out of time) , Gym Manager explained this is a weekly occurrence, they have given me the gym logs to show I was in the gym at the time (as its swipe card access) and advised appeal but he explained a member of staff has been forced to pay in the past so not hopeful of appeal at all - would consider small claims as I'm looking at potentially £400??

Will be making formal complaint to the gym, quick advice if I go down appeals route (I get I will lose but still wouldn't pay) and potentially on to small claims, would you recommend challenging as the driver and using the logs or registered keeper and using the IPC template...

I would rather pay £1,000 in costs than £400 to Excel, anywhere else you know I could seek advice from would help?

Coupon-mad

If it goes to small claim, a £100 'parking charge' might end up typically costing about £150 - £175, that's all, and most cases never proceed that way, and they are defendable. There are no huge costs, no legal fees and no effect on your credit rating, no CCJ if you lost, then paid.

Keep on at the Regional Manager who sounds like he can cancel these. No-one is 'forced to pay' by the way! You only pay of a Judge tells you to if you lost at a defended hearing. People have ignored these for many years and the landowner cancellation is your best bet.

Guys_Dad

You need to check
(i) what signs etc are in the gym to draw your attention to the procedures for gym members
(ii) what your membership card and papers say
(iii) who engaged the PPC. That could make a difference as if it was the gym, then that has more potential than if it is a multi-outlet site engaged by the landowner but a concession for gym members.
(iv) get photographic evidence of all of these.

Ralph-y

"anywhere else you know I could seek advice from would help?"

have you a deep bucket of £££££££

then try a few solicitors ........

and after getting no where come back to where the help is

there is one other forum that helps ...

http://forums.pepipoo.com

CM is one of the best at this in this murky world of 'private parking '

listen to her

good luck

Ralph:cool:

fostany99

Hi All

So sent the standard letter to Excell with a couple of edits and copy of the gym printouts to show that I was in the gym

Surprise surprise lengthy letter usual not seeking to rely on POFA 2012 appeal to IAS etc etc - Im looking at 5 PCNs and £350 quid raising to £500.

Giving me option of IAS appeal

Also states Pure Gym responsible for making me aware of responsibility around using touch screen terminal so going to forward to pure gym explaining I will advise Excel to pursue damages from them then

Any suggestions on where I should go with this now?

Been back to carpark - signage around carpark and as you first come in doesn't show any mention about a fine (other than the sign at pay and display which the other signs do make reference to but I wouldn't use this as I use the gym)

Have said that I raised a number of points at appeal which are not relevant at this stage and have not given me details of land owner etc

Looking at where to go with this next??

Coupon-mad

Giving me option of IAS appeal

Not an option.

Any suggestions on where I should go with this now?

There is not always a 'next step' except escalating the Gym complaint, like you suggest, but NOT saying ''I will advise Excel to pursue damages from them'' (makes no sense - you will get nowhere fast).

Also states Pure Gym responsible for making me aware of responsibility around using touch screen terminal

Strange, in my view the responsibility for making this clear is Excel's. It is their contract, their fiddly keypad thingy and their lookout, to make sure the signs clearly and prominently inform drivers about any obligation which is essential to avoid the onerous term of a 'charge'.

Castle

If it's Excel's contract then the Gym is acting as an agent of Excel; so as principal, Excel is responsible for the actions, (or inactions), of their agents.

Herzlos

Coupon-mad wrote: »

Not an option.

It's an option; but one you have to go into knowing that you've got about an 80% chance of rejection either way.

Excel are responsible for making sure you know about the contract, and following appropriate procedure to make you liable. So I think your best bet now is to just completely ignore them unless they try small claims court, where you can beat them and hopefully get your costs back. Worst case is that you lose and have to pay slightly more than they claim you owe now. Well defended, you should win though.