PCN appeal rejected - Newhall Walk Sutton Coldfield (excel parking)

Dodgerjiz2020

Hi all, 

After some help after my appeal was rejected.

We tried contacting the shop we visited to which we was told we have to appeal to the car park company.

This is all a mistake due to an error inputting or accepting the details we inputted with 3 hours free parking at b&m.

For the appeal to the parking company I used the one size fits all template and sent that.

the following was the response I got back.

Re: Parking Charge Notice Number  - Vehicle: ******

 Site: Newhall Walk Post Code: B72 1RX

 Contravention Date: 12/08/2020

We refer to your appeal in respect of the above Charge Notice (CN) received on 20/10/2020.

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.

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.

A reasonable amount of time is allowed on the car park (Grace Period) for drivers to park their vehicle, read the 

advertised Terms and Conditions displayed and then either purchase a valid Pay and Display ticket or leave the car 

park; on this occasion that Grace Period was exceeded and as no valid ticket was purchased, you became liable for 

the Charge Notice issued.

We note your comment regarding 3 hours free parking and must advise the signage clearly states this is with a valid 

voucher from participating stores and restaurants. The voucher code must then be input into the car park payment 

points located next to TK Maxx.

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 17/11/2020 or £100 

to reach us by 01/12/2020 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

any help would be great.

thanks

KeithP

You need to edit your post to remove the PCN number (twice).

The parking companies trawl this forum just waiting to catch people out and can try and use information found against you.

Although that PCN number does no harm in itself, it does uniquely identify this thread and incident, so any further slight errors in posting could lead to difficulties.


That aside, you say you are looking for help but haven't asked any questions - not that I can see anyway.

Coupon-mad

Excel never accept appeals.  Ask them for the PDT machine list and an explanation - do they mean the have identified a near-miss VRM and as such, you wish to see the records from the machines in the hour either side of arrival (other completely different VRMs can be part-redacted).

D_P_Dance

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

That could present them with problems, google Elliot v Loake.

Nine 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. On 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, and hopefully this will become law shortly