Iceland Excel Parking - didn't know car park was pay and display

mike.green.86

I tried searching the forum for a similar situation to myself, but I couldn't find it hence this post - Apologies, if there are already posts out there, which clarifies this issue

Hi,

Thanks very much guys for all the information and help. I have previously in the past been successful in getting the fake PCNs cancelled by following your valuable advice.

At this occasion I parked in Iceland car park managed by Excel Parking Services ltd, and didn't realise this was a pay & display car park. I didn't receive any windscreen ticket but got a NTK in post on 10th April 2017 (which said that the contravention of 'occurred on 2nd April 2017). I appealed to them online using the draft template letter, which was drafted from all the excellent advice on this forum and which I have used several times in the past successfully against PPCs.

I was surprised that I got a response back with a rejection of appeal, giving no explaination and was given the option to appeal to IAS. It was at this stage that I decided to go through the Newbies thread again and I found that things have changed and the firms which are members of IPC, can't issue POPLA code and the process is different for them.

So I understand that my option now is to ignore the debt collectors' letters that will follow until I receive a Letter Before Claim.

I feel nervous now, because if this was taken to Small Claims Court or County Court, do I stand any chance of winning the case on the basis that I was unaware that this was a pay & display car park?

I should also mention that I am a Blue Badge Holder, does that account for anything in this situation?

Redx

the BB may count for nothing as this is a private car park, but you may have a claim under the EA2010

NOBODY CAN TELL YOU THE ODDS AT "WINNING A CASE" , NOT EVEN A SOLICITOR

IGNORE and put your defence to a judge if it gets that far, but nobody can predict the outcome and only a fool would try

the court process will rely on several legal aspects that both of you must jump through and also court is a lottery depending on the judge you get (Judge Bingo)

BEAVIS thought he would win , he lost !!

he lost in 3 courts to 11 judges , the last one being the Supreme Court

mike.green.86

Redx wrote: »

the BB may count for nothing as this is a private car park, but you may have a claim under the EA2010

NOBODY CAN TELL YOU THE ODDS AT "WINNING A CASE" , NOT EVEN A SOLICITOR

IGNORE and put your defence to a judge if it gets that far, but nobody can predict the outcome and only a fool would try

the court process will rely on several legal aspects that both of you must jump through and also court is a lottery depending on the judge you get (Judge Bingo)

BEAVIS thought he would win , he lost !!

he lost in 3 courts to 11 judges , the last one being the Supreme Court

Thanks for your reply and I agree with you that the probability of winning a case is un-predictable. I perhaps didn't word my query correctly. What I meant to ask was, were there any cases in the forum similar to my situation where the driver was unaware of the fact that the car park was pay & display and the PPC was an IPC member?

I tried searching for a few different terms but I wasn't able to find any similar cases, where the pay & display ticket wasn't purchased mistakenly? I found some threads, however they all had BPA member PPCs so that wasn't applicable.

I would appreciate if you could guide me to similar cases that I can review. I will continue to read through the threads in the meanwhile.

Redx

I would think that this has happened many times and I am sure there are threads on here about it , but I leave you to track them down

there are definitely HUNDREDS of cases at the PEEL CENTRE , STOCKPORT where pay and display tickets have not been bought , it is inafamous and has been happening for over 6 years to my knowledge on there (see MARTIN CUTTS threads and blogs)

here is one recent one from today

https://forums.moneysavingexpert.com/discussion/5647524

I dont think the fact that they are IPC members is relevant either , doesnt matter which trade body they are in IMHO , they both have a CoP they are supposed to follow and signage is crucial to forming a contract with a motorist anyway

the only thing that actually counts is a decision by a judge , like you see on RINDER almost daily