Excel Parking Services Limited PCN/NTK

Slimche

Hi,

I have received a NTK/PCN which I dont believe comply with the standard rules and will much appreciate any guidance on it.

I received the ticket in middle of Sep 2020 with an issue date of 28/08/2020. The contravention date was 25/06/2020, so nearly 3 months. So my understanding is that the ticket should be issued no later than 14 days from the date of contravention.

I decided to make an appeal, which was unfortunately rejected. I received the below today:
*********************************************************************************************************************

Dear Mr xxx

Re: Parking Charge Notice Number xxx - Vehicle: xxx

Site: xxxWalk Post Code: Bxxxx

Contravention Date: 25/06/2020

We refer to your appeal in respect of the above Charge Notice (CN) received on 07/09/2020.

Having considered the points you have raised and reviewed our records, we are unable to accept your appeal. Our

main reason(s) for this decision are as follows:

The signs at the car park make it clear that a valid ticket must be purchased prior to exit for all vehicles which

park/enter the car park, giving clear notice that the land is private property and that a Charge of £100 will be levied if

vehicles park outside of the Terms and Conditions displayed; signs also state that when a ticket is purchased, the full

and accurate vehicle registration number of the vehicle parked must be entered into the P&D ticket machine. The

above detailed vehicle was parked without payment of the parking tariff, therefore you became liable for the Charge

advertised.

In your appeal you state you were not the driver when your vehicle was seen to be parked in the car park.

It is important we highlight that we will continue to pursue this matter on the reasonable assumption that you were the

driver of the vehicle on the date in question until information/evidence to the contrary is provided.

You state that our Notice is not compliant with the Protection Of Freedoms Act (POFA) 2012 on the Notice issued to

you; however we have not cited POFA 2012 nor stated that you are liable for the Charge as the vehicle keeper.

We maintain that the signs on this site meet the requirements set by the International Parking Community (IPC) Code

of Practice. The signs are large, prominent and legible, so that any reasonable user of the car park would be aware

of their existence and nature, and would have a fair opportunity to read them if he or she wished to do so. It can

never be a defence to a claim in contract law to say, "I did not read the terms", so long as the existence of those

terms is reasonably advertised.

As members of the International Parking Community's (IPC) Accredited Operator Scheme, it is necessary for us to

evidence to the IPC that we have relevant authority to undertake parking management at the site concerned and that

our signs at that location are compliant in setting out the relevant terms and conditions of use. We will only answer

pertinent points at this stage.

Please note that the images requested will be sent to you via email shortly upon receiving this letter.

We have fully reviewed this case and we are satisfied that the Charge Notice was correctly issued. We are unable to

accept the mitigating circumstances raised in your representations, your appeal is therefore rejected and the charge

will stand; photographic evidence which supports this can be viewed at www.myparkingcharge.co.uk.

What you should do next - Either:

1. Pay the Charge Notice (CN): In order to settle the Charge, the payment of £60 to reach us by 08/10/2020 or £100

to reach us by 22/10/2020 must be made. Failure to pay this charge within the stated times, may result in Debt

Recovery Action being taken and further costs up to an additional £60 being incurred. Payments can be made

online at www.myparkingcharge.co.uk by following the links for "Pay Now", or over the phone by calling

0845 226 9138 by using a valid Credit or Debit Card.

OR:

2. Appeal to the Independent Appeals Services (IAS): If you believe this decision is incorrect, you are entitled to

appeal to the IAS. In order to appeal, the IAS will need the following information (which is also contained in the

subject header of this correspondence).

Notice Serial No: EPSxxxx Vehicle Registration Mark: xxx

Appeals must be submitted to the IAS within 21 days of the date of this correspondence. Please visit www.theias.org

for full details on how to submit an appeal online.

It is important you note that if you do make an appeal to the IAS, the reduced charge offered above will no longer

apply. You should also be aware that if a payment is made prior to an appeal being made to, or adjudicated by, the

IAS AND this is accepted as Full and Final settlement against the CN, the appeal will automatically be dismissed and

the matter will be deemed closed. Should you appeal to the IAS and it is unsuccessful, the full amount outstanding

(£100.00) will become payable within 14 days of the date the IAS decision is notified to you. Failure to pay this sum

in the 14 day period will result in debt recovery costs of £60.00 being added to the outstanding balance.

It is important we also highlight that no further appeals will be accepted at this office; any such appeal must be

made to the IAS.

Please also note that further costs may be incurred should it be necessary for us to subsequently recover any

outstanding charge using further debt recovery and/or court action.

Yours sincerely

Appeals Administration Team

CENTRAL PROCESSING OFFICE
*******************************************************************************************************************************

I will much appreciate if anyone can guide me through this.

Many thanks in advance.

Redx

They admit they have not pursued this under POFA , POFA is not mandatory , so the 14 days section in POFA does not apply

Excel had 6 months to issue a PCN and have done so , the appeal has been rejected , as they ALWAYS are

Nothing more to do , except plan A , which is always the best option in all private parking invoices

Coupon-mad

This is nothing new, it's a bog standard non-POFA NTK.  Not void but not able to hold a keeper liable, and you know that.

You also know that there is no appeal to the IAS (post #3 of the NEWBIES thread) and to keep everything in case they sue you within 6 years, in which case you have a defence on loads of grounds.  You MUST tell Excel if you move house within 6 years, to avoid a default CCJ to an old address behind your back.

AND - get ANGRY and GET EVEN about this scam! 

Please now make a real difference because not enough people have:

A TASK FOR SEPTEMBER:

The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

At the very least, we say the parking charge level should be £50/£25 or higher level £70/£35, as per Council PCNs in E&W.  

And we say the added fake 'debt recovery' costs are just double counting the cost of letters and MUST GO.  Remove that layer and you remove the ‘drivers’ behind the race to court.

HOW TO DO THE SUBMISSIONS:

Responses into the PAS 232 and MHCLG framework documents are not completely straightforward:

On the MHCLG response, you have to answer the questions on a 1-5 scale from strongly agree to strongly disagree, and then put some commentary. No way to upload documents or alternatives.

 

On the PAS 232, you have to click on each clause and sub-clause to put your comments, and a suggested rewording of their draft.  You can see comments which other people have written! 

 

But, when you click ‘submit’, a message pops up to say your comments have been received, but that only applies to the particular clause you have just addressed.

 

You have to click ‘submit’ separately for each individual clause response.

 

Some people will be caught out by this but can revisit it and add further responses up to 12 October.

 

 

Snakes_Belly

What are the circumstances regarding the so called infringement ?  

Timeouts

Failure to pay this sum in the 14 day period will result in debt recovery costs of £60.00 being added to the outstanding balance.

Who at EXCEL writes this rubbish on a yet unproven so called debt.
This is intimidation, no doubt born out of lack of funds due to covid

Hope you have fully read the newbies thread
Excel are in their usual rubbish mode.  They already know that adding £60 is not allowed
The courts kick out such rubbish as it is A VERY feeble attempt to mislead the court and go behind the ruling of the Supreme Court

The sister company of Excel is VCS were recently spanked in court for adding fake sums, VCS appealed and were still kicked out of court. They still don't smell the coffee ?

READ WHAT COURTS DO TO THESE FAKERS
https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP, sometimes it can lead to cancellation., i

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, and darfts have beenopened for publc consulatation,

Just as the clampers were finally closed down, so hopefully will many of these companies, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, under new legislation 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/

Please also read these and have your say

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf