Excel Parking Serviced Limited - Darlington Parking Charge Notice

xinerd

Hello everyone

The driver received a parking issue charge on the car - 26th November at Darlington St Cuthberts Way Car Park.

I have recieved a parking charge in post which states
Contravention Reason - "83) parked without clearly displaying a valid ticket/permit." I did display my valid ticket but it flipped over.

I have been reading this forum and the many cases for hours and would like some opinions before I submit my first appeal.

This is my first draft -

Dear Excel Parking Serviced Limited,

I am the keeper of the vehicle and am aware of your purported 'parking charge'. The driver will not be identified. The claim is denied in its entirety. I assert that I am not liable to the Claimant for the sum claimed, or any amount at all. I require the following information so that I can make an informed decision:

1. Who is the party that contracted with your company and are they the landowner?
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, which you contend formed a contract with the driver.
4. Please provide all photographs taken of this vehicle and its driver.
5. Please provide proof that the timing of any camera or timer used was synchronised with all other cameras and/or systems & machines.
6. Please provide evidence of how you have obliged with Protection of Freedoms Act 2012 - Section 4. In particular the conditions specified in paragraphs 5, 6, 11 and 12.
7. What is defined by your wording of "clear" in relation to ticket display.

The driver purchased a fully valid ticket at a cost of £3 and then displayed it on the dashboard which could be clearly seen through the front window of the vehicle. As can be seen by the attached image, the ticket is valid for the date and time of the contested 'parking charge'. Refusal to accept the ticket as proof of payment and evidence of validity, and if you continue to pursue this contested charge, appears to be a case of unjust enrichment over and above the tariff paid.

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) 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. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me. I do not give you consent to process data relating to me or this vehicle.

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. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully.

If anyone could read through and give me any tips, help or advice before I submit. I am willing to fight this all the way as I had a valid ticket and think the whole private parking industry is an outrage.

Thank you in advance

Redx

edit the above to indicate what happened on the day happened to THE DRIVER

the DRIVER displayed the ticket

ie:- basic mistakes made

that appears to mainly be the black text template from the NEWBIES FAQ sticky thread, so use it "as is" , but the addition of the ticket paragraph and also attaching a picture or scan of the ticket is fine

do not expect a cancellation, this is a paper exercise only for now

and if that is the actual PCN reference , edit it out

jam1991

I too am also fighting Excel Parking for a flipped ticket in Darlington, any recent updates?

Fruitcake

jam1991 wrote: »

I too am also fighting Excel Parking for a flipped ticket in Darlington, any recent updates?

Yes.

Please read the sticky thread for NEWBIES, appeal using the template in blue you will find there, then start your own thread if you need further help not hijack someone else's old and out of date thread.