PCN - Excel Parking

fuzzgun19

Hello all, I've received a PCN through the post, here's my side -


My car was parked at a car park (free after 6pm) at 18.45, it came to light they use reg number recognition, so the car was moved.


A letter was received charging extortionate money for! entering at 18.31, leaving at 18.55.

I want to appeal this, can anyone point me to a template letter or give further advice please?

Fruitcake

Edit your post NOW to remove information about who parked. Only ever refer to The Driver and The Keeper, who are two different people.

Please read the sticky thread for NEWBIES that is just underneath where you clicked the New Thread button, and send the appeal template from the keeper, exactly as it is that you will find there.

The_Slithy_Tove

You claim your car was there between (approx) 17:45 and 17:51, inside the hours you need to pay, but within a grace period for rejecting their offer to pay to park.

However, they claim your car was there between 18:31 and 18:55, OUTSIDE the hours you need to pay. Even if their timings were right, what reason did they give? If it was free, something is amiss.

fuzzgun19

Sorry I got it wrong, it was 18.31-18.55.


Surely they can't issue a fine if it's after 6 as it's supposed to be free?

Umkomaas

You need to get your own photos of the signage showing the 'Free from' times. Do it now, not if/when Excel issue court proceedings.

fuzzgun19

Thanks I was thinking of doing that. Will do this weekend.

twhitehousescat

fuzzgun19 wrote: »

Sorry I got it wrong, it was 18.31-18.55.


Surely they can't issue a fine if it's after 6 as it's supposed to be free?

the car park may well have been free after 6.pm however I bet it tells you to enter VRN on machine and place ticket in car window

Redx

fuzzgun19 wrote: »

Sorry I got it wrong, it was 18.31-18.55.


Surely they can't issue a fine if it's after 6 as it's supposed to be free?

no they cannot issue a "fine", because no private company can "fine" you


however, they can issue an INVOICE for anything they wish


their problem is proving to a judge that they have a valid case and that any INVOICE they issue is a contract and deserves payment - they have 6 years to test their invoice in court using MCOL

fuzzgun19

I have been this morning to look at signage.

Like I said before I have not parked in this area before. I was advised by the takeaway that there was parking behind that is free after 6pm.

I have looked online and it seems they have been rather sneaky. There seems to be another car park behind the one I parked in, and according to their website this is the one free after 6pm.

So, me being a newbie here and not knowing the area assumed the car park immediately behind the takeaway was the one free after 6.


I bet this has caught a lot of people out.

Could I still appeal explaining all this, or would it do any good?

Ralph-y

yes you can certainly appeal ....


you have to understand that this scam is not set on a level playing field






please watch / read the below fur further conformation on this ...




https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

and slightly longer, the committee stage

https://www.parliamentlive.tv/Event/Index/d5550515-cce9-4185-83ec-754dadb7524a

''Rip-offs from car park Cowboys must stop''; unfair treatment; signage deliberately confusing to ensure a PCN is issued; ''years of abuse by rogue parking companies''; bloodsuckers; ''the current system of regulation is hopeless, like putting Dracula in charge of the blood-bank''; extortionate fines; rogue operators; ''sense of injustice''; unfair charges and notices; wilfully misleading; signage is a deliberate act to deceive or mislead; ''confusing signs are often deliberate, to trap innocent drivers''; unreasonable; a curse; harassing; operating in a disgusting way; appeals service is no guarantee of a fair hearing; loathed; outrageous scam; dodgy practice; outrageous abuse; unscrupulous practices; ''the British Parking Association is as much use as a multi-storey car park in the Gobi desert''; and finally, by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with this''.

These are the exact words used, so you should quote them to your MP in a complaint and ask him/her to contact Sir Greg Knight MP if he wants further information about this scam.

and some quotes from the committee stage



"The other area is hospital parking, and I want to single out one company for some pretty shady practices. That is ParkingEye" " is very clear to me that there is collusion between parking companies and solicitors’ firms—so-called roboclaims companies. " "They are often set up adjacently and involve the same directors and personnel. Incidentally, the same personnel get involved in the so-called appeals bodies." "Essentially, it is a money-making enterprise that takes advantage of motorists up and down the country. They operate in a very business-like fashion, which is why I call them roboclaims companies." "The companies are jamming up parts of our legal system." “I now pretty much know exactly how the parking companies and in particular the IPC have been running this scam for the past 5 years. Basically both of the appeals processes are a complete and utter sham, (and part of that sham is Gladstones Solicitors itself)” "The appeals process at Excel/VCS is run by a team of minimum wage office workers with no legal knowledge or experience whatsoever," " It is claimed by the head of the appeals service (retired Judge Bryn Holloway) that this is a completely independent fair process, it is not” "The letter mentions two individuals—Will Hurley and Bryn Holloway—and concludes “This is a typical example of the clear collusion between the IPC, their members and the IAS" "what we can do about roboclaims companies and solicitors firms that profit, often in shady ways" " the very large amounts of money that can be involved in such scams—a company called Smart Parking was involved in one such scam on my patch" "tightening up the rules regarding the unfair use of automatic number plate recognition" "BW Legal, regularly issues 10,000 county court judgments a month, and is known to have issued 28,000 in one month" "They are jamming up our court system, and are often totally unjustified." " because the lifeblood of trying to extort money from people is having access to their details."

All from Parking (Code of Practice) Bill (First sitting) Hansard





Ralph:cool:

fuzzgun19

Thanks Ralph.

So I should use the template from mse, and include the information youve posted?
Should I try to explain I didnt know there was two car parks etc?