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Excel PCN: Already appealed via myparkingcharge.co.uk: Bought parking ticket under wrong reg

Hello people

Please direct me to a relevant thread if I'm raking over old ground here...

Myself and my wife (with baby) parked at The Square Shopping Centre in Chorlton, Manchester and bought a ticket via RingGo. Absentmindedly I used my work car reg instead of our other car.

I received a ticket from Excel Parking for £60 and was told to appeal via myparkingcharge if I had grounds. I thought this was a simple mistake and that they would cancel when I told them about my ticket under another reg and sent them the receipt. How naive - now reading these threads I'm regretting that action!

I had a reply from them last week saying that they had (unsurprisingly) rejected my appeal. In my response to them via myparkingcharge I thought I was careful not to name who was driving. Myself and my wife were in the car and, to be honest, I'm not even sure who was driving as we both are insured. However, their appeal rejection letter states that I've named myself as the driver which has made me panic about what I put in my appeal.

I don't see a way for me to review what I put into my appeal via the myparkingcharge website and I stupidly didn't save a copy so I can't be sure if I did name a driver but I'd be surprised if I did seeing as I'm not even sure myself. I don't know if this is a scare tactic.

I'm just wondering if you guys think I've got myself into such a pickle that I may as well pay the charge now as I've ballsed it up already. I really don't want to have to pay these scammers!

I did some research and have found a case where a lady challenged the same situation i the same location and went to court against Excel and won so I feel I can win this argument but not sure where to go from here after jumping the gun with my first appeal.

Any advice would be amazing. Really appreciate the help in advance and all of the other advice that is already available on here. And apologies if I'm just working over old ground that I could have found via another thread.

Kind regards
Andy

Comments

  • Umkomaas
    Umkomaas Posts: 43,437 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Have you read the NEWBIES FAQ sticky, post #1 yet? How to deal with an IPC Operator (which Excel are) is detailed there.
    I don't see a way for me to review what I put into my appeal via the myparkingcharge website and I stupidly didn't save a copy so I can't be sure if I did name a driver but I'd be surprised if I did seeing as I'm not even sure myself.
    Send a SAR to Excel asking for every bit of information they hold on you (including your initial appeal).

    https://forums.moneysavingexpert.com/discussion/5849784/june-2018-start-of-the-new-ppc-and-dvla-fightback-gdpr-related

    Online appeal portals increasingly include a nasty little drop down box which is defaulted to 'I was the driver' and returns to that position if, during your completion of the form, you type anything further. Loads trapped by that - typifies the scam nature of this whole shebang.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Thanks for the info. So, do you think it's worth me fighting then? I have 1 week to pay £60 or it goes up to £100 and I note that they have 1 month to respond with the SAR so if I get it back and I've dropped myself in it via naming a driver would I then be best to pay
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    personally I would fight it like that successful lady did, as you paid and its de-minimis , they accepted payment for a vehicle that was not captured by their cameras

    but the only way to win is if it goes to court as Excel will not drop it and they have 6 years to try an MCOL

    the charge does not GO UP, it was always £100 and is actually reduced for early repayment (check the signs if you dont believe me)

    if a judge finds in your favour, then you owe nothing and can claim up to £95 in costs
  • Umkomaas
    Umkomaas Posts: 43,437 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It's your decision entirely. We don't come here to advise paying, but that's just us - and we save thousands from having to pay. But we do not dispense miracles. It will take resolve and hard work from you to have any chance of killing this off.

    Much depends on your attitude to risk, including the possibility of losing at court and the total sum rising to around £175 (although the PPC will try for more), how much effort you're prepared to put into research to understand what you need to do, and how strong your principles and resolve are in terms of fighting one of the great scams being perpetrated across the country.

    You might come out of this by winning, with a much better understanding about how all this works, and the satisfaction of having beaten a money gouging machine - and the bonus being, you pay them nowt!

    Your choice.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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