MyParkingCharge.co.uk

jam1991

In addition to not receiving the NTK - a member of pepipoo recommend I do not bring this up until after 56 days. Would you guys recommend this also? TIA

After the windscreen ticket, I appealed online through MyParkingCharge.co.uk - this was rejected with the following response.

Site: St Cuthberts Way Car Park
Issue date: 01/06/2017

We refer to your appeal in respect of the above Charge Notice received on 22/06/2017.
Having considered the points you have raised and reviewed our records, we are unable to accept your appeal. Our
main reason(s) for this decision are as follows:

Please note that we operate to the International Parking Community's (IPC) Accredited Operator Scheme. As
members of the IPC, it is necessary for us to evidence to the IPC that we have relevant authority to undertake
enforcement activity at the site concerned and that our signs in proximity are compliant in setting out the relevant
terms and conditions of use. We will only answer pertinent points at this stage.

We note that you have declined to name the driver of your vehicle at the time of the incident in question. It is
important that we make you aware that we will rely on the keeper liability provisions schedule 4 of the Protection of
Freedoms Act 2012 (PoFa) and as such, you remain liable for the outstanding Charge Notice.
We are contracted by the landowner to enforce the agreed Terms and Conditions and ensure that these are not
breached. We cannot, at this time, provide a copy of our contract due to it being commercially sensitive. If necessary,
we can provide a copy of the contract between ourselves and the landowner, should a judge request one in court.
Similar sensitivity applies to our signage site maps of the site in question. We are not required to provide you with
information relating to internal procedures and practices, which are all fully compliant with the International Parking
Community’s Code of Practice. Our membership of the IPC is a matter of public record and may be confirmed
independently.

In response to the issue you have raised with regards to charging money for your correspondence, we do not accept
this and no amount shall be paid to you. We are writing to obtain due payment for the above Charge Notice, and are
not entering into a new contract with you.
Whilst you have made a request under Principle 6 of the Data Protection Act 1998, unfortunately this does not mean
that you can simply demand us to cease processing your information and you fail to explain or meet the requirements
for a "section 10 Notice" within your letter and I will detail below the reasons why.
29 June 2017

In the first instance you may find it helpful to review the information on the Information Commissioners Office website
at https://www.ico.co.uk. Your request in principle can only be dealt with if the processing of information "causes
unwarranted and substantial damage or distress" and you must outline this in your request which you have failed to
do.

We are registered with the ICO for the processing of data which relates to the enforcement and recovery of Charge
Notices and in respect to you this related to the matter of a Charge Notice (CN) which was issued
to a vehicle registration on the 26-05-2017

Despite you providing a copy of the Pay and Display ticket, the fact remains that it was not clearly displayed in the
vehicle. It is the motorist's responsibility for ensuring that the ticket was clearly displayed before leaving their vehicle.

What you should do next - Either:

1. Pay the Charge Notice: : In recognition of the particular circumstances, and as a gesture of goodwill, we are
prepared to offer you the opportunity to pay a reduced settlement charge of £20.00 provided that payment is received
within our office by 13th July 2017, after which the amount payable will revert to £100.00.
Payments can be made online at https://www.myparkingcharge.co.uk by following the links for "Pay Now", or over the
phone by calling 0845 226 9138 by using a valid Credit or Debit Card. (If paying by Credit Card a surcharge of £1.00
will apply).

OR:

2. Appeal to the Independent Appeals Services (IAS):If you believe this decision is incorrect, you are entitled to
appeal to the IAS. In order to appeal, the IAS will need the following information (which is also contained in the
subject header of this correspondence).
Notice Serial No: XXXXXXX
Vehicle Registration Mark: XXXXXX
Appeals must be submitted to the IAS within 21 days of the date of this correspondence. Please visit https://www.theias.org
for full details on how to submit an appeal online.
It is important you note that if you do make an appeal to the IAS, the reduced charge offered above will no longer
apply and the full amount of £100 will be pursued if your appeal to the IAS is unsuccessful. You should also be aware
that if a payment is made prior to an appeal being made to, or adjudicated by, the IAS AND this is accepted as Full
and Final settlement against the CN, the appeal will automatically be dismissed and the matter will be deemed
closed.
It is important we also highlight that no further appeals will be accepted at this office; any such appeal must be
made to the IAS.
Please also note that further costs may be incurred should it be necessary for us to subsequently recover any
outstanding charge using debt recovery and/or court action.
Yours sincerely,
Appeals Administration Team
CENTRAL PROCESSING OFFICE

Castle

jam1991 wrote: »

I never formally received a NTK, is this something I should include in this reply also?

What was the document with an issue date of 01/06/17, which Excel refer to in their reponse?

Coupon-mad

It's the was it it/wasn't it 'PCN' that the IPC told the DVLA isn't one...and now we have Excel themselves calling it a 'charge notice'!

I replied on pepipoo to the OP as SRM:

http://forums.pepipoo.com/index.php?showtopic=115222

QUOTE
We refer to your appeal in respect of the above Charge Notice received on 22/06/2017.

QUOTE
Pay the Charge Notice:

What 'charge notice' - surely not that *thing* on the windscreen that the IPC advised the DVLA, was not a 'parking charge notice' at all?!
I think I would email back and say:

What charge notice are you talking about, was the note on the windscreen meant to be a Notice to Driver?

How do you think you have complied with the POFA?

Wait till day 56 has passed, though, before emailing that.

I see that your 56 days is up though, if the non-existent 'charge notice' was dated 1st June.

jam1991

Coupon-mad wrote: »

It's the was it it/wasn't it 'PCN' that the IPC told the DVLA isn't one...and now we have Excel themselves calling it a 'charge notice'!

I replied on pepipoo to the OP as SRM:

http://forums.pepipoo.com/index.php?showtopic=115222



I see that your 56 days is up though, if the non-existent 'charge notice' was dated 1st June.

Thank you for your on-going assistance.

My timeline of events is as follows:

26/05/17 - Charge notice was issued onto vehicle.

22/06/2017 - I appealed through the online portal (myparkingcharge.co.uk) providing evidence of the valid ticket which was purchased.

29/06/2017 - Appeal rejection email was received.

28/07/2017 - Letter titled "Notice of Intended Court Proceedings" was received.

86 days has passed since the charge notice was placed on the vehicle.

To clarify. I should now email Excel asking them to clarify how they have complied with POFA?

The only email address on any of the correspondence is - appeals@excelparking.co.uk
This was on the auto-response email from my appeal submission.

Is there a different email address I should be submitting this response too?

TIA.

jam1991

Emailed the following to Excel this morning.

Dear Excel Parking Services Ltd,

Regarding PCN - XXXXXXX relating to XXXXXX on 26/05/2017, I would like to point out the following.

A Notice to Keeper was not received within the relevant period as set out in the Protection of Freedoms Act 2012, Schedule 4, para 9, you did not comply with the requirements of the POFA 2012, because of this there can be no keeper liability.

Do not contact me again, apart from to confirm cancellation of this charge.

Regards,

jam1991

pepipoo member informed me, I have dashed my response as it's paragraph 8 for a windscreen ticket, not 9.

Shall I just wait to hear back? or send further response to the Letter Before Court Proceedings I received ?

Castle

jam1991 wrote: »

pepipoo member informed me, I have dashed my response as it's paragraph 8 for a windscreen ticket, not 9.

Shall I just wait to hear back? or send further response to the Letter Before Court Proceedings I received ?

Except the "MyparkingCharge" notice is NOT recognised as a valid windscreen ticket by DVLA; so you are correct with paragraph 9.

jam1991

Castle wrote: »

Except the "MyparkingCharge" notice is NOT recognised as a valid windscreen ticket by DVLA; so you are correct with paragraph 9.

Thank you for that information. I emailed my response to - appeals@excelparking.co.uk
Is it just a waiting game now?

Coupon-mad

Yes, it's fine.

I agree with Castle, para 9 applies because Excel pretend this style of PCN, wasn't one.

26/05/17 - Charge notice was issued onto vehicle.

22/06/2017 - I appealed through the online portal (myparkingcharge.co.uk) providing evidence of the valid ticket which was purchased.

What made you appeal a month later then? No NTK had arrived? It's unusual because they normally send them out a week or two after the 'pretend' PCN.

They've also referred to:

Issue date: 01/06/2017

Which is I assume when they will say a NTK was posted. Not moved house, and forgotten to update your V5 address, have you?

Pompey254

sent you a pm