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Excel Parking Services Ltd now letter from VCS
dusty76
Posts: 2 Newbie
Hi,
I have read the newbie thread but have found this forum after I (well my husband) has appealed.
So I was using my husbands car and on Thursday 3rd September parked in an excel parking services car park. The friend I met there got the parking ticket whilst I was getting out the car but I didn't realise at the time she put in my vehicle registration not the registration of my husbands car which I was in.
We received a NTK on Saturday 26th September this was dated September 22nd.
I suggested to my husband we didn't do anything but he insisted on emailing to appeal firstly saying he wasn't the driver, he then said a ticket was purchase but with the wrong registration (he attached a photo of the ticket as we still had it and didn't realise the wrong reg palate had been input until receiving the NTK) and then that the NTK was received late as he believed it should be received within 14 days?
I have now received this response and am unsure what my next step should be and would really appreciate some advice ...........
Re: Parking Charge Notice Number *********** - Vehicle: *****
Site: Berkeley Centre Pay & Display Post Code: S11 8PN
Contravention Date: 03/09/2020
We refer to your appeal in respect of the above Charge Notice (CN) received on 26/09/2020.
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 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 parked without payment of the parking tariff for the vehicle on site and you became liable for the Charge advertised.
In your appeal you have confirmed to us that on the date in question, you were the driver of the vehicle at the time it parked in the car park.
We note your comment that on the date in question you did purchase a ticket, but that you used the registration number ***** instead of ***** . As stated, the Terms and Conditions of parking require that the full and accurate registration number of the vehicle which has been parked on site must be entered; by failing to do that the ticket purchased was invalid and you became liable for the Charge Notice issued.
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.
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 24/10/2020 or £100 to reach us by 07/11/2020 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: *********** Vehicle Registration Mark: *****
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 have read the newbie thread but have found this forum after I (well my husband) has appealed.
So I was using my husbands car and on Thursday 3rd September parked in an excel parking services car park. The friend I met there got the parking ticket whilst I was getting out the car but I didn't realise at the time she put in my vehicle registration not the registration of my husbands car which I was in.
We received a NTK on Saturday 26th September this was dated September 22nd.
I suggested to my husband we didn't do anything but he insisted on emailing to appeal firstly saying he wasn't the driver, he then said a ticket was purchase but with the wrong registration (he attached a photo of the ticket as we still had it and didn't realise the wrong reg palate had been input until receiving the NTK) and then that the NTK was received late as he believed it should be received within 14 days?
I have now received this response and am unsure what my next step should be and would really appreciate some advice ...........
Re: Parking Charge Notice Number *********** - Vehicle: *****
Site: Berkeley Centre Pay & Display Post Code: S11 8PN
Contravention Date: 03/09/2020
We refer to your appeal in respect of the above Charge Notice (CN) received on 26/09/2020.
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 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 parked without payment of the parking tariff for the vehicle on site and you became liable for the Charge advertised.
In your appeal you have confirmed to us that on the date in question, you were the driver of the vehicle at the time it parked in the car park.
We note your comment that on the date in question you did purchase a ticket, but that you used the registration number ***** instead of ***** . As stated, the Terms and Conditions of parking require that the full and accurate registration number of the vehicle which has been parked on site must be entered; by failing to do that the ticket purchased was invalid and you became liable for the Charge Notice issued.
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.
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 24/10/2020 or £100 to reach us by 07/11/2020 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: *********** Vehicle Registration Mark: *****
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
0
Comments
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Many judges regard claims of this nature as a waste of court time, read this
https://en.wikipedia.org/wiki/De_minimisNine times out of ten these tickets are scams, so consider complaining to your MP, sometimes it can lead to cancellation., Parliament is well aware of the MO of these private parking companies, many of whom are former clampers
You never know how far you can go until you go too far.2 -
To get this clear your heading says
Excel Parking Services Ltd now letter from VCS
Excel and VCS are sister companies. They are listed on companies house as two separate entities.
If your ticket is from EXCEL, all paperwork and anything to do with the ticket should referenced to EXCEL
Why have EXCEL passed your personal data to a company not related to the ticket or car park ????
What do the signs say and the small print, can you take a picture and post it here
The fake add-on £60 can be seen here, Excel and VCS are spanked by the courts for fakery
https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1
3 -
I can only find pictures online, I'm not local to the car park its about 15miles from me.
2 -
Fifteen miles? That's local.dusty76 said:I can only find pictures online, I'm not local to the car park its about 15miles from me.
I could understand if you said fifty miles or more.
Go and get some pictures.
Alternatively, search the forum. There are many pictures of the signs at the Berkeley Centre.
The signs say Excel Parking, so any contract to park will have been with Excel parking.
Vehicle Control Services are not a party to the alleged contract between the motorist and Excel Parking.
Vehicle Control Services have no right to demand money from the motorist.3 -
You mentioned a letter from VCS , I don't see any mention of VCS , only Excel
Assuming that the keeper received an Excel rejection following an appeal to an Excel NTK , plus assuming that you or both of you have studied the newbies FAQ sticky thread near the top of the forum , especially about IPC and IAS , what else do you need to know ?
If you have read the newbies FAQ sticky thread , what has anyone done regarding plan A , because you have only mentioned plan B and there is no plan C1 -
This car park has Excel signage but VCS issue the PCN's. I assume the OP appealed to VCS as per the NTK.Redx said:You mentioned a letter from VCS , I don't see any mention of VCS , only Excel
Assuming that the keeper received an Excel rejection following an appeal to an Excel NTK , plus assuming that you or both of you have studied the newbies FAQ sticky thread near the top of the forum , especially about IPC and IAS , what else do you need to know ?
If you have read the newbies FAQ sticky thread , what has anyone done regarding plan A , because you have only mentioned plan B and there is no plan C2 -
dusty76...Unfortunately if you read the Newbies thread and view other cases you will realise you are caught in a typical PPC trap, in your case run by the notorious VCS/Excel who despite being separate companies are run by the same person and operate from the same premises.
Your only options are to pay the £60 for it to go away and put it down to experience. Or fight them with the likelihood of it going to the small claims court. This will be a long drawn out process taking many months. No one on here would suggest the first option but it's your choice whether to pay or fight.
The good news is if you're prepared to put the work in there is a very good chance of beating VCS if they issue a court claim.
Search the forum and you'll find several threads about the Berkeley Centre and motorists have beaten them in court. There have also been articles in the Sheffield Star about VCS having claims re this car park being dismissed in court.
It's not recommended to appeal to the IAS, as is bound to be rejected. The IAS are far from independent despite their name.
One question. How long was the vehicle parked for? The car park is a maximum 2 hour stay but free for the first hour and a pound payable for the second hour.1 -
RobinofLoxley said:
This car park has Excel signage but VCS issue the PCN's. I assume the OP appealed to VCS as per the NTK.Redx said:You mentioned a letter from VCS , I don't see any mention of VCS , only Excel
Assuming that the keeper received an Excel rejection following an appeal to an Excel NTK , plus assuming that you or both of you have studied the newbies FAQ sticky thread near the top of the forum , especially about IPC and IAS , what else do you need to know ?
If you have read the newbies FAQ sticky thread , what has anyone done regarding plan A , because you have only mentioned plan B and there is no plan C
we have no proof of that, only that myparkingcharge are mentioned
1 -
In every other case re this car park it has been VCS that's issued the PCN. I'm sure the OP will confirm.Redx said:we have no proof of that, only that myparkingcharge are mentioned0 -
In your appeal you have confirmed to us that on the date in question, you were the driver of the vehicle at the time it parked in the car park.Why do they say this, it isn't true is it? The keeper rightly said he wasn't the driver.
Personally, with the amount of things they've got wrong, I think an IAS appeal might be worth the LOLs.
He would have to put in evidence that he wasn't driving (can he prove he was elsewhere? HE MUST NOT NAME YOU).
And evidence that the car park signs, and the pay & display ticket, are in the wrong company name, so the fact that the wrong car was paid for means the two wrongs cancel each other out and in any case, the NTK was received late so he can't be held liable as he wasn't driving even though the rejection letter got it wrong.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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