Parking Charge Notice by Excel Parking

flowerybap

I was issued a PCN at the end of March by Excel Parking for failing to pay in an Iceland carpark.  As the machine was out of use, i was advised by the shop staff to take a picture of it which I did and also put a note on my windscreen.  On receiving the notice I had a look on the MSN forum, followed the advice to not appeal using the parking company's appeal procedure, and using the MSE template sent a letter by registered post with photographic evidence.  4 weeks later I received a final demand after which I tried to ring them (took ages to find a phone number and then just rang out) and then emailed them, again enclosing the photos.  2 weeks later I received another (it had gone up to £160) saying it was being passed to debt management.  I emailed them again to no avail so contacted Citizens Advice.  Spoke to a lovely woman who told me to appeal through the IAS.  Now, because I hadn't followed the Excel Parking company procedure for appeal I didn't have any acknowledgement from the company that they had received my appeal and also I didn't have a refused appeal number to provide to the IAS.  So I emailed the IAS who asked me to provide my evidence and then yesterday I received an email from Excel saying they were cancelling the notice.  Yay!
The reason I am posting this is because it appears that by using the MSE template instead of appealing via Excel's website I had no acknowledgement that the appeal had been made within the 21 days and I also had no refused appeal number to pass on to the IAS.  I'm wondering what would have happened if I had just followed the advice on the letter to go through their appeals system.  Has anyone else done this?  Also for future reference there is a number on the parking meters to call if the meters aren't in use (it just rang out when I tried) but I would suggest doing this just so you can say you did all you could to try to reach them to pay for a ticket.  It is not possible to speak to anyone at Excel Parking which makes it very difficult to sort something like this out if you receive a ticket.  These companies need to be better monitored

Johnersh

Or you could've contacted Iceland, which is in fact the standard advice - go to their paymaster first and seek cancellation.

I suspect you've taken the long way round.... Nevertheless, well done on getting it rescinded.  Some good advice from the store when you parked. 

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Snakes_Belly

Well done for getting the PCN cancelled.

As someone who has fought a claim through the courts in a similar scenario to yourself I find it strange that Excel would be this magnanimous. It's not in their nature. I can only think that Iceland may have had a hand in this.  That said you have achieved a result which is great.


   

Coupon-mad

This is NOT something any poster should copy.  What the OP has described is utterly against all advice on this forum - they used non-standard IAS. No-one does that.  It binds you to pay if you lose. NONONO.

I am glad Excel cancelled it - you got lucky.  

The CAB's advice was as dreadful as ever. 

Getting Iceland to cancel it would have been the right way to do it (easy route and no being bound to pay).

zhonguonuren

Coupon-mad said:

This is NOT something any poster should copy.  What the OP has described is utterly against all advice on this forum - they used non-standard IAS. No-one does that.  It binds you to pay if you lose. NONONO.

I am glad Excel cancelled it - you got lucky.  

The CAB's advice was as dreadful as ever. 

Getting Iceland to cancel it would have been the right way to do it (easy route and no being bound to pay).

Is it a tiny bit suspicious that this is exactly what you should do as per the IPC’s Code of Practice? If no one complains via the IAS, Will Hurley is off the hook with the DVLA.  Maybe it’s the DVLA under cover 😎

Will Hurley was in a court hearing where it was stated that the IAS is not independent which is why no one uses it.  He/Gladstones did not argue the point.

Need to look at the  ‘bound to pay’ part. Perhaps a lay person could claim
unfair contract or similar?  

zhonguonuren

Snakes_Belly said:

We done for getting the PCN cancelled.

As someone who has fought a claim through the courts in a similar scenario to yourself I find it strange that Excel would be this magnanimous. It's not in their nature. I can only think that Iceland may have had a hand in this.  That said you have achieved a result which is great.


   

OP did not mention a complaint to the manager, just an enquiry about what to do (and was given IPC Code of Practice advice).  Maybe I’ve just been unlucky when I’ve tried complaining to Tesco’s and the like and told ‘nothing to do with us’.  I did go on to sue Tesco’s of course but having seen a landowner contract recently, it is pretty tight about the landowner not being allowed to meddle.  

Snakes_Belly

There have been incidents during the crisis where Iceland have gone way beyond the call of duty for their customers. I would not be surprised if they have told Excel to back off during the crisis. This won't always happen. 

Coupon-mad

No because the non standard (late appeal) IAS has been given ADR status (it shouldn't, but it has):
http://parking-prankster.blogspot.com/2016/11/the-ias-fails-adr-reporting-requirements.html

zhonguonuren

Snakes_Belly said:

There have been incidents during the crisis where Iceland have gone way beyond the call of duty for their customers. I would not be surprised if they have told Excel to back off during the crisis. This won't always happen. 

If that is what you genuinely believe - I am wasting my time here 

zhonguonuren

Oh and watch out for the SRA result