Excel PCN NTK

poundofcarrots

Hi

This morning I received a PCN NTK from Excel Parking for not paying the parking tariff. It turns out that my wife borrowed my car (as hers was being repaired) and parked in this car park. She did purchase a ticket but as it was over two weeks ago, we no longer have the ticket.

After discussion, we think she might have input the registration number for her car rather than mine but we can't be sure without the ticket. What she is sure about is that she purchased a ticket.

Can we check with Excel if a ticket was purchased for her car? Does this even make any difference?!

Any advice gratefully received.

---

Please go to post #75 for summary of first case and final defence

Please go to post #103 for summary of second case and defence

Case proceeding to court. Excel WS received. Points of note from Excel WS at post #112

WS at post #140

Quentin

Everyone is politely asked to read up on this in the newbies FAQ thread near the top of the forum before starting a new thread

Go there now to learn about the game you are caught up in and how to deal with this

Never consider the PPC will be interested in assisting you!

Throughout here you are advised never to reveal who was driving

You need to edit your post to remove details of who was driving

The ppcs monitor this forum and can use your posts against you

KeithP

At this stage, nothing will make any difference.

Send the blue text appeal from post #1 of the NEWBIES FAQ sticky thread.

Send it as it is - no additions or alterations required.

Send it as the keeper.

That's it.


By the way... how is your Parking Eye issue progressing?

poundofcarrots

Thanks Keith. Will do.

Regarding the PE situation, nothing is happening at present. I got half way through the ICO Surveillance Camera Code of Practice and started to compose a response but then have been so busy that I couldn't get round to finishing it off. I expect a court date at some point in the near future.

Redx

poundofcarrots wrote: »

Hi

She did purchase a ticket but as it was over two weeks ago, we no longer have the ticket.

After discussion, we think she might have input the registration number for her car rather than mine but we can't be sure without the ticket. What she is sure about is that she purchased a ticket.

I suggest you read this from last year for any future car parking events


https://www.moneysavingexpert.com/team-blog/2017/05/throwing-pay-display-ticket-away-use-cost-100/


keep all paid for tickets for 3 to 6 months in future

Coupon-mad

Personally, I would NOT use the usual appeal template for this one.

I would appeal saying the below, but not naming your wife:

my wife borrowed my car (as hers was being repaired) and parked in this car park. She did purchase a ticket but as it was over two weeks ago, we no longer have the ticket.

After discussion, we think she might have input the registration number for her car rather than mine but we can't be sure without the ticket. What she is sure about is that she purchased a ticket.

Give them her car VRN and how much she thinks she paid, and tell them you require them to check for the payment and match it up, since that car was never in the car park.

IMPORTANT:

Require them to include with their reply, the list of VRNs input that day, within that hour, at that site. Other VRNs that do not match/closely resemble either of your family car VRNs can be partially redacted but you require them to do a thorough search to fairly match the payment made, and resolve the dispute.

Ask for the data listing from the site PDT machines, so you can make an informed decision (and KEEP that data list...to compare it to any later one they might cough up at court stage if they persist - Excel were sussed by a Judge as having appeared to have ALTERED one of those lists, in a case reported by Lamilad recently...).

And tell them you will not be naming the driver but she wasn't you, and a female driver can't be assumed to have been the male keeper/appellant, and that since you are aware that Excel do not use POFA wording on their PCNs, and get the 28 day period & warning about 'keeper liability' hopelessly wrong, you are clearly not liable.

And as the tariff was paid, you expect them to cancel rather than waste your time and BW Legal's with another pointless court claim that will be seen off in short order, with MSE forum help.

I really mean say that...

poundofcarrots

This is great CouponMad. This idea seems like a good approach to me so I will give it a go and let you know how it goes.

Many thanks.

poundofcarrots

In an unfortunate twist, we have now received a second PCN NTK for another violation. My wife has now found the second ticket which does show that she put her own registration number into the machine! It therefore seems as though it is quite likely this is what happened the first time round.

Now that we have proof that this happened on the second occasion, should this change the approach given above?

Thanks again.

Redx

no , but this second PCN can be appealed in the same way and give them a copy of this second ticket (keep the original safe) , as proof of what has happened on both occasions


ditto for any more pcn,s that have the same error

Coupon-mad

Yes I would agree, do the exact same response but to BOTH PCNs, attaching the one ticket you could find and asking for everything I told you to ask for.

Especially important to insist on the data trail list of VRNs input for each day, and keep those lists, and compare them at court claim stage when she wins at a hearing. If they push it that far.

Excel might cancel one or might reduce both as a result of this appeal though. Do not name your wife, as already said, but do say your wife was the driver not you.

Castle

poundofcarrots wrote: »

In an unfortunate twist, we have now received a second PCN NTK for another violation. My wife has now found the second ticket which does show that she put her own registration number into the machine! It therefore seems as though it is quite likely this is what happened the first time round.

Do these machine tickets have serial numbers on them?