Excel Parking PCN appeal denied, what next?

jackketch15

I recently received a PCN from Excel Parking for being parked a few inches over the White parking bay line. The notice was stuck on the car windscreen with the website address for myparkingcharge and a serial number with instruction to log on for contravention details. I did this and saw pictures they had taken of the vehicle as evidence. I have completed an online appeal and obviously had this denied. I have now received a postal notice of the PCN which also sates a Notice to Driver (NTD) Excel Parking say they are members of the IPC and therefore my only option for a further appeal Is through the IAS which this forum believes to be a complete waste of time. I think the £60.00 charge is extortionate (considering we also paid the original parking fee as well) and of course they are saying the charge will go up to £100.00 if not paid within the time they say. Is there any point of taking this any further?

Redx

there is no "next step , no "taking it further"

its an impasse

bear in mind that only victims think these figures are extortionate , the judiciary does not agree with you or with other victims

your chance for justice is if or when excel issue an MCOL and a judge decides , until then you do not owe anyone a penny

excel have 6 years to issue an mcol

Coupon-mad

Why is it not clear in post #3 of the NEWBIES thread? there is no next step, it doesn't tell you to take any next step, so why do we keep getting these threads? Same as here:

https://forums.moneysavingexpert.com/discussion/5594159

How can I improve post #3 of the NEWBIES thread so people don't ask 'what next?' A: NOTHING. Come back when they try a small claim.

Redx

I too am unsure where this "next step" malaise has come from

it seems there always has to be a "next step" yet when relatives of mine have been diagnosed as "terminally ill" , its as if people do not register what it actually means and still expect some "miracle cure" to combat the inevitable

there are posters and tv adverts at my doctor`s surgery that tell people with colds and flu and coughs etc that there is no point reserving a doctors appointment because nothing can be done , yet Van Tulliken tried this on tv in a G P practice and it seemed that patients would not stop unless they were prescribed something as a "next step" , even when doctors knew the drugs (or placebos) would have no effect

I think I would somehow incoporate the NO NEXT STEP - THERE IS NOTHING , WAIT FOR AN LBC OR MCOL into some bold , maybe red , text , such that it gets the idea in the reader`s mind that sometimes the trick is to STOP , DO NOTHING !

what people also do not realise is that they are not in control of the situations , the PPC is and has 6 years to control the situation, using harassment and letters to try to bully people into anxiety issues over a long period of time to "brainwash" them into paying to be rid of the problem

until the government publish proposals similar to the ones they withdrew last year (13 months ago) then nothing will change

the "put up or shut up" attitude seems to be disappearing rapidly in our modern society

so if anyone wishes to try a "last word" , issue a "put up or shut up" letter , but IGNORE usually works a lot better

what would I do ?

same as I always tell people

FILE ALL THE PAPERWORK
FILE THE EVIDENCE TOO
KEEP COPIES OF EVERYTHING
WRITE A PRECIS DOWN OF THE DETAILS OF THE CASE
ADD A TIMELINE TO THAT PRECIS
NEVER OPEN OR READ A DCA LETTER - JUST FILE IT
ONLY READ AND DEAL WITH AN LBC OR AN MCOL

there you go , simple , effective , dont lose any sleep, no anxiety

and people need to remember this is no biggie !!

they are not accused of pedo activity in operation yew tree
they are not accused of heinous crimes like rolf harris or stuart hall or fred talbot or harold shipman

its an invoice and a civil matter dispute , no police , no magistrates , no crime has been committed , no jail time to be served , no criminal record

The_Deep

There is always a next step, involve the media, Facebook, Twitter, your M.P., the CA, Trading Standards, local chamber of Commerce, Landowner, the courts, whatever seems appropriate.

Kick up a fuss, cost them money.

jackketch15

As Excel Parking have explained I can now go to the Independent Appeals Service (IAS) so when you say there is no next stage I don't understand that. Sorry if my being uncertain annoys you. I thought the purpose of this forum was to seek advice. What I'm asking is, is there really any point my seeking an IAS appeal when we all seem to know that they have a bias toward the parking company.

The_Deep

Yes, appeal to the IAS. You will probably lose, the adjudicator will remain anonymous, and natural justice will be stood on its head.

If they then take you to court you can use this to convince a judge that their processes are not fit for purpose.

If they do not take you to court, read my previous post.

jackketch15

I appreciate the advice, I really do not appreciate the sarcastic attitude its really not what people come here seeking for. You may have some of experience in this sort of thing and I have some myself having already successfully fought 2 erroneous PCN's in the past. This time it's ia different situation where the contravention is that my vehicle is reported as being parked over 2 parking bays. They have pictures as evidence showing the contravention did occur and Maybe you misunderstood my question but I'm simply asking is it even worth going to IAS? A simple "you're wasting you're time" would probably suffice.

Castle

jackketch15 wrote: »

. I have now received a postal notice of the PCN which also sates a Notice to Driver (NTD) Excel Parking say they are members of the IPC and therefore my only option for a further appeal Is through the IAS which this forum believes to be a complete waste of time.

Did the postal PCN actually state that it's a Notice to Driver?

Redx

jackketch15 wrote: »

As Excel Parking have explained I can now go to the Independent Appeals Service (IAS) so when you say there is no next stage I don't understand that. Sorry if my being uncertain annoys you. I thought the purpose of this forum was to seek advice.

What I'm asking is, is there really any point my seeking an IAS appeal when we all seem to know that they have a bias toward the parking company.

that is your choice to make

the arguments both for and against have been posted on this forum many , MANY times over the last few years

the vast majority on here say , NO , dont bother , dont let a biased refusal sway a judge , let a judge decide if an MCOL is issued and if it actually gets in front of a judge , make your arguments there, in chambers or in an actual courtroom (or side room , either may be used as courts are closing down and venues moved to central locations)

there are one or two dissenters to the "dont bother" option , but most of the regulars here will telll you not to bother, hence why its in the sticky thread and why CM says "dont bother"

you have to realise the total DISDAIN that we feel towards the IPC , to the IAS and to GLADSTONES themselves , which clouds our feelings

I have regularly told people to complain to the landholder , to their MP, to the papers and on social media etc , those are a given and should not have to be told , make a fuss , do whatever it takes to make life hard for the sc@mmers , complain to any trade body or to the SRA or to the ICO , or to the DVLA, anybody and everybody is fair game

read this thread where complaining to their MP and to the papers worked (not the same in your case I know, but the advice still stands) - I definitely told that person to do both

https://forums.moneysavingexpert.com/discussion/5583307

remember this , we answer these questions day in and day out , so yes we may get "annoyed" at answering the same thing FOR FREE day after day. learn about this topic and try it for yourself, answering newbies questions with the same old rhetoric, lets see how long you last before you blow a fuse !!! lol

if you HAVE already fought 2 pcn,s then WHY are you not here on a daily basis (for free I might add) helping others to do the same ?

we do wish you well in your quest, but I feel you could have done more research whereas nowadays people expect instant answers as fast as instant coffee

so are the parking pranksters numerous blogs on the topic not good enough for you ? like these two from last year

http://parking-prankster.blogspot.co.uk/2016/01/is-independent-appeal-service-kangaroo.html

http://parking-prankster.blogspot.co.uk/2016/02/independent-appeals-service-credibility.html

good luck

pogofish

jackketch15 wrote: »

As Excel Parking have explained I can now go to the Independent Appeals Service (IAS) so when you say there is no next stage I don't understand that. Sorry if my being uncertain annoys you. I thought the purpose of this forum was to seek advice. What I'm asking is, is there really any point my seeking an IAS appeal when we all seem to know that they have a bias toward the parking company.

Excel themselves and the IAS are a kangaroo court - The reason there is no next step is that their convoluted and often contradictory deliberations exist in a near total legal vacuum. However, on occasion they do spit-out an upholding and if it does come to court, their refusals might actually work in your favour, so in that strange way it is useful to get an IAS one.

Don't make the basic mistake of assuming the private parking and the IAS are bodies with honourable and legal professional practices.

So after the IAS turn you down, it goes back to the PPC to decide if they want to initiate further proper legal action if they think they have a credible case - and as a great many of them know they don't, their victims are stuck in limbo until their alleged debt becomes time-barred.