Another Peel Centre Stockport PCN victim

Ancap

I'm another Peel centre Stockport PCN victim seeking some advice. On the 10/01/2017 and the 16/01/2017 myself and three others met at the Costa Coffee on the Peel centre late afternoon. None of us noticed that the carpark is pay and display due to the signage at entry being small print and not lit. After Googling this I have come to find that this carpark in particular is a honeypot for Excel Parking Limited to take advantage of drivers.

This morning 01/02/2017 I received a PCN for the 10/01/2017. The letter has an issue date of 24/01/2017. I believe that they have put this issue date to make sure it adheres to the 14 after rule. However as they are a member of the IPC I'm not entirely sure if this is necessary for them in this circumstance?

I expect that I shall soon receive another PCN from the 16/01/2017. Also the three people I met have all received seperate PCN's from the 10/01/2017 so I assume they will also receive PCN's for the 16/01/2017. Is this situation beneficial to us or will this make no difference?

Having read a few forum posts and the sticky posts I believe my best bet is to post the following template letter:

Dear Excel Parking Services Limited

Re PCN number:

I am the keeper of the vehicle and am aware of your purported 'parking charge'. The driver will not be identified. I require the following information so that I can make an informed decision:

1. Who is the party that contracted with your company?
2. Is your charge based on damages for breach of contract? Answer yes or no.
3. Please provide photos of the signs that you say were on site and which you contend formed a contract with the driver.
4. Please provide all photographs taken of this vehicle.
5. Please provide proof that the timing of any camera used was synchronised with all other cameras and/or systems & machines.

Do not send debt collector letters and do not add any costs which would be a thinly-veiled attempt at 'double recovery'. I will not respond to debt collectors and to involve a third party would be a failure to mitigate your costs as well as deliberate and knowing misuse of my data.

Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the IPC Code of Practice in terms of signage at this site, for example) please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach.

For the avoidance of doubt, I do not give you consent to process data relating to me or this vehicle, whether you have already obtained it or not. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days.

Yours faithfully,

Could you please advise if this is correct, or if any edits are necessary. Is it worth waiting for the 16/01/2017 PCN to arrive and dealing with both PCN's simultaneously or separately? What is the potential outcomes of this template letter and what laws can I rely on with this particular company being covered by the IPC.

Thank you for your assistance and for the information already provided!

Rainman06

First of all, you're in the right place. Do loads of research on here, on PePiPoo, and read the Parking Prankster's blog. Others on here (legal professionals) will advise you better that me. I too am dealing with an alleged parking contravention at the Peel Centre. I spent 8 hours reading on here before even having the slightest clue as to my rights and to the extent to which Excel rely on the fact that the vast majority of the public don't know theirs. Do not reply as the driver, only as the Registered Keeper of your vehicle. Be very careful with your wording. The fact that they sent you the PCN within 14 days doesn't necessarily mean that they win. Excel need to prove that you were driving at the time, or for you to admit it. PLEASE LISTEN TO THE ADVICE OF THE HEAVYWEIGHTS ON HERE, NOT ME; I'm just a novice fighting my own battle on the same battleground as you.

Coupon-mad

Others on here (legal professionals)

We aren't and we don't claim to be - but as soon as I see the words 'Peel Centre' I know we are confident we will help this OP win. I don't even need to read the rest yet! Excel and their 'legal professionals'(!!) BW Legal are shown time and again to be utterly useless at court processes, are looking for weak victims and they don't find them on MSE.

Redx

you can rely on any laws pertaining to this , like POFA2012 (if the driver is not identified) , the CRA2015 and probably a few others too

each PCN is dealt with as a separate invoice , even if that means 2 sheets of A4 go in the envelope, each one having a different pcn reference but otherwise identical

do not think one appeal will cover both pcn,s , appeal each one separately

this sc@m site has operated for up to 10 years so nothing new and prankster mentions it becasue 70% of his postbag is about this infamous trap (which I will never go to or park on , so those retailers NEVER get my custom)

IPC advice applies , so its up to 6 years of hassle and drivel and BW LEGAL etc

quit a few cases in Stockport court recently too

Rainman06

My daughter thinks I'm a professional footballer because I can do 10 keepie-uppies, it's all relative CM, haha. I'll stop spamming the feed now, follow my thread if you like Ancap.

Castle

Ancap wrote: »

This morning 01/02/2017 I received a PCN for the 10/01/2017. The letter has an issue date of 24/01/2017. I believe that they have put this issue date to make sure it adheres to the 14 after rule. However as they are a member of the IPC I'm not entirely sure if this is necessary for them in this circumstance?

The PCN has to be received within 14 days to use POFA; (by 24th Jan for 10th Jan parking event). The date of delivery is deemed to be 2 working days after posting; so the 24th Jan PCN would have deemed to have arrived on 26th Jan (day 16).

Any PCN for the 16th Jan would have to be dated Thursday 26th Jan at the latest. Day 14 is Monday 30th Jan.