Backcester Lane, Lichfield, Excel Parking

Stefano123

I've been able to successfully challenge ALL of the PCNs that I've unfairly accrued over the past years, largely down to the brilliant advice and people on this site. I've rarely posted new posts given all of my previous experience has been with BPA members and I'm relatively accustomed at fighting them now.

The most recent PCN I've received is from Excel Parking, an IPC member, which seems to be a different kettle of fish. 

To keep the story very brief, given I've learnt that it doesn't really matter (at least I don't think it does in this case either?), the driver entered the site expecting to use an app to pay for parking, however unbeknownst to the driver, the management of the site had very recently changed from the council to Excel. With no change for the machines and contactless phone payments not working at the machine, the driver dowloaded Excel's app, and tried several times to make payment, online. The app didn't work in numerous browsers. At this point the driver gave up and left the carpark so as to avoid a PCN. This information was not included in the appeal but this information was disclosed to the landowner when asking them to cancel the PCN (which they refused to do saying they couldn't and I'd have to appeal through Excel).

The PCN by the way arrived nearly 4 months after the event. The appeal which was made stated that liability couldn't be passed from the driver to the keeper after 14 days but Excel rejected this stating they would continue to pursue me as the driver until they had evidence to the contrary. To my mind the burden of proof is on them not on me. 

Am I right in thinking IAS is not the next stage now Excel have rejected my appeal, I should ignore any debt collectors letters that are forthcoming and I should wait for Excel to file a small claim against me and fight this that way? This is what I've gathered from reading the forum but I'm a little apprehensive about going to court ...

I will though because I refuse to pay the 'fine' given I would have happily paid £2 to park should their technology have allowed me to. Sods law that the only day I didn't have any change in the car is the first week the management of the car park is taken over by a predatory parking company...   

Snakes_Belly

They are supposed to post notices when there is a changeover. You are very unlikely to have your appeal upheld by the IAS.

You will start to receive letters from debt collectors. I personally think that it is a good idea to write to them and deny that there is a debt and state that you will not engage with them any further. Then do no more until you receive an LBC, letter before claim.  

This company are very litigious and will pursue you through the courts. They may pull at the last minute but they are beatable at court.

It is a shame that Excel have infested Lichfield. That's a car park to be avoided. There will be BB holders parking on there thinking that it is still free.

Please see the thread regarding the consultation. It is quite easy to complete and you don't need to answer all the questions.

I would also write to your MP about your own situation and also included the letter that Jenni has written to her MP. I am assuming that it is MF.    


 

D_P_Dance

Have you complained to your MP?  

Snakes_Belly

https://lichfieldlive.co.uk/2021/02/26/shopping-centre-to-take-over-management-of-two-lichfield-car-parks/

How awful.

You could try writing to the shopping centre. They will end up rueing the day that they made this decision.

Stefano123

Snakes_Belly said:

https://lichfieldlive.co.uk/2021/02/26/shopping-centre-to-take-over-management-of-two-lichfield-car-parks/

How awful.

You could try writing to the shopping centre. They will end up rueing the day that they made this decision.

I already have complained to the shopping centre but the centre manger is not interested and have denied that they can cancel the PCN even when I've pointed out the PoF Act 2012 and the failure for the PCN to be issued within 14 days. They are knowingly condoning the predatory behaviour to happen.  

Snakes_Belly

https://lichfieldlive.co.uk/2021/02/26/shopping-centre-to-take-over-management-of-two-lichfield-car-parks/

I notice on the comments that there are concerns from blue badge holders. They will now have to pay. It would appear from the comments that some are already getting caught out.

Lichfield is a beautiful city and has still managed to retain many independent retailers. This will not help the retailers.

Snakes_Belly

Stefano123 said:

Snakes_Belly said:

https://lichfieldlive.co.uk/2021/02/26/shopping-centre-to-take-over-management-of-two-lichfield-car-parks/

How awful.

You could try writing to the shopping centre. They will end up rueing the day that they made this decision.

I already have complained to the shopping centre but the centre manger is not interested and have denied that they can cancel the PCN even when I've pointed out the PoF Act 2012 and the failure for the PCN to be issued within 14 days. They are knowingly condoning the predatory behaviour to happen.  

There is nothing to stop you appealing to the IAS (not the one that you have to pay for). It's not likely to be upheld as around only 4% are allowed.

I went through the whole process with this PPC. They are very litigious and will go the whole way sometimes pulling out at the brink. They are beatable at court and there has been a good number of cases that have been won on this forum against this operator. A recent one was Troubled42 who was ticketed on the same car park as myself.   

Please also undertake the public consultation. This will restrict the predatory activities of operators such as Excel.

https://forums.moneysavingexpert.com/discussion/6286801/government-consultation-re-private-parking-charge-levels-august-2021-please-bookmark-this-thread#latest

Coupon-mad

Try the well reported kangaroo court of IAS and show evidence of trying to pay as hopefully there is a trail on your phone?  No template for IAS!  Just do it in your own words with EVIDENCE and get your MP to write to the shopping centre and ask why they are not using the cancellation option that Excel contracts certainly do include.  It is untrue to say they ‘cannot’ cancel because they can.

Coupon-mad

Have you looked at this week’s threads and seen that there’s only 3 weeks left to do this:

Government Consultation re private parking charge levels, August 2021: PLEASE BOOKMARK THIS THREAD — MoneySavingExpert Forum

We are calling for everyone to do a full and robust response by email to the MHCLG, attaching evidence of what happened to you and what you think is wrong about £100 charges and fake debt recovery ‘fees’ that no PPC actually incurs or pays. 

We also need people to contact their MP to ask questions about why the MHCLG appear to have performed a U-turn on their March promise to cap parking charges, and why instead they propose to fund the race to court at £70 a pop? 

Posters are being encouraged to ask their MPs to ask questions about why  PPCs have been allowed to persuade the MHCLG that they can add £70 per PCN for sending the same letters ParkingEye always do.  

That would be handing ParkingEye maybe £70m extra per annum from public pockets!  

Even where your PCN isn’t from that company (and pretty much all others do add the unrecoverable costs and all the ex clampers certainly do) I am sure you object as we do to this extortionate illegality!

https://forums.moneysavingexpert.com/discussion/comment/78517562/#Comment_78517562

To anyone reading this: 

PLEASE DO THIS IF YOU WANT CONSUMER VOICES TO OUTWEIGH THE PARKING INDUSTRY’S GREED. WHICH SEES THEM TRY TO CLAIM MORE THAN THE LAW ALLOWS, FROM A REGISTERED KEEPER.

The proposals breach primary law!  I just looked at the POFA Explanatory Notes (part of the legislation):

https://www.legislation.gov.uk/ukpga/2012/9/notes/division/5/1/3/3

221.Paragraph 4 provides that the creditor has a right to recover unpaid parking charges from the keeper of the relevant vehicle if the conditions set out in paragraphs 5, 6, 11 and 12 are satisfied. The creditor is not obliged to pursue unpaid parking charges through this scheme and may seek to do so through other means but they may not use the scheme provided for here to secure double recovery of unpaid parking charges (paragraph 4(6)), nor will they have the right to pursue the keeper, as opposed to the driver, of the vehicle where they have sufficient details of the driver’s identity. The right to reclaim unpaid parking charges from the vehicle keeper does not apply in cases where the vehicle has been stolen before it was parked, (paragraphs 4(2) to (3)), or in certain circumstances where the vehicle in question was a hire vehicle (paragraph 4(7)). The creditor may not make a claim against the keeper of a vehicle for more than the amount of the unpaid parking related charges as they stood when the notice to the driver was issued (paragraph 4(5)

Stefano123

Coupon-mad said:

Try the well reported kangaroo court of IAS and show evidence of trying to pay as hopefully there is a trail on your phone?  No template for IAS!  Just do it in your own words with EVIDENCE and get your MP to write to the shopping centre and ask why they are not using the cancellation option that Excel contracts certainly do include.  It is untrue to say they ‘cannot’ cancel because they can.

Thanks, I will appeal. I will try to find the history of being on the website on that day, too, if I can.

I don't think the centre manager has any clue as what they can and can't do re PCNs given the recent change from council to Excel. But I have politely told them they absolutely can.

Coupon-mad

Ok and your MP can lean on them and Excel as well as asking the MHCLG what has gone wrong since capping parking charges in March.