Excel Parking Charge Notice (Iceland)

JimmyNeedsHelp

Hi, I am sorry to say I have received another letter from a company acting on behalf of the landlord.  I can see in the bottom left they have warned of transfer of liability.  Also, they appear to be well within the dates permitted to serve the notice.  Two things, I do not know the driver, and secondly, the ANPR is absolutely woeful, it must have been dark because you cannot see anything whatsoever, bar the number plate which although I have redacted it, is very clear.

Is there anything I can do?  I think I need to appeal by tomorrow.  I appreciate your help, and I've attached a photo of the letter received.

nosferatu1001

If they meet POFA then there is no worry about knowiung the driver - they can chase you as keeper anyway
So why is a shop allowing 0 minutes?!

Redx

Plan A is your best option , read the Newbies FAQ sticky thread

Anpr photos are not passport quality , the idea is to grab that VRM data , no matter what the time of day , so it's either your vehicle , or it's not , misreads can and do occur

POFA compliance would make it your problem if they complied with POFA , regardless of who was driving

Hence plan A if you want it to go away , because appealing will probably be rejected , one or both , appeals rarely succeed

The IPC CoP mentions grace periods etc but that won't help for over 40 minutes on site

D_P_Dance

Please read the newbies and complain to your MP.

Snakes_Belly

Is this one of those car parks where you buy a ticket and get the parking refunded against a purchase in the store?

Snakes_Belly

Snakes_Belly said:

Is this one of those car parks where you buy a ticket and get the parking refunded against a purchase in the store?

The tariff is refundable on purchase. Has the driver still got the receipt from Iceland or the transaction on the bank or credit card statement? 

It's round the back of Iceland. Haven't studied the signage yet but it appears to be in grey which is unusual for Excel. It does have their logo.

Maybe people were queuing to enter the store. It would be during lockdown and they may have only been letting so many in the store at once. 

Snakes_Belly

https://www.google.com/maps/@51.5795597,-0.3330012,3a,75y,301.33h,100.04t/data=!3m6!1e1!3m4!1sFTVapXkrfKpJLkpj3-zzMg!2e0!7i1

Entry signage is grey and could be easily missed especially at night. I think that Excel will struggle to say that a contract is formed by this entry sign. It could easily be missed. Also if you can find a bank statement with a transaction or a receipt there is no loss because the tariff is refundable at the till. 

Try Plan A first though as it will save you a lot of time and will avoid court action.   

I don't know whether that yellow marked off area is for loading the delivery vans in which case it could block the sign near the entrance to the store.  It would be dark at the time of the contravention and the signs are grey.  

Umkomaas

The PoFA warning is not of the required standard. Please compare it word for word with PoFA para 9(2)(f). Learn the difference between 'issued' and 'given' because if you are to rely on 'no keeper liability' as one of your defence points, you may have to explain it in detail to a Judge, there aren't many who are fully au fait with the details of PoFA from what we've seen. 

secondly, the ANPR is absolutely woeful, it must have been dark because you cannot see anything whatsoever, bar the number plate which although I have redacted it, is very clear.

To the contrary, I would say that the ANPR has done exactly what it said on the tin when Excel purchased it. NPR = number plate recognition. It has done that perfectly. It is not 'vehicle recognition', nor is it 'facial recognition', that's why you see precious little of anything else when ANPR photos are taken in the dark - and 'in the dark' is the clue for you to turn your attention away from the cameras and to the signs. 

If it was dark at the time of entering the car park, were the signs around the car park individually illuminated?  Do you have your own photos of them, taken in similar light conditions, without the use of flash, so you have images for your evidence as near as possible to how they and their details might have been visible to the driver on the day?

Fruitcake

nosferatu1001 said:

If they meet POFA then there is no worry about knowiung the driver - they can chase you as keeper anyway
So why is a shop allowing 0 minutes?!

Normally we see an allowed parking period of zero when the shop etcetera is shut, meaning there is no permitted parking except during shop opening times.

This may not be the case here, but we need the OP to explain what the driver was doing there, and whether Iceland was open at the time.

Snakes_Belly

Fruitcake said:

nosferatu1001 said:

If they meet POFA then there is no worry about knowiung the driver - they can chase you as keeper anyway
So why is a shop allowing 0 minutes?!

Normally we see an allowed parking period of zero when the shop etcetera is shut, meaning there is no permitted parking except during shop opening times.

This may not be the case here, but we need the OP to explain what the driver was doing there, and whether Iceland was open at the time.

There is a barrier at the entrance. 

The store would be open at the time the driver left the car park. The length of time does correspond with the amount of time generally spent in Iceland. Would have been dark and possibly snowing.

Umkomaas

Would have been dark

Click, click, snap snap!