Backcester Lane, Lichfield, Excel Parking

Snakes_Belly

Stefano123 said:

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.

They would have signed a contract with Excel and these do give the client the ability to cancel so many PCN's per month. My guess is that they have had quite a few and the Shopping Centre manager is having to deal with the complaints.

I would have thought that the Shopping Centre should have asked for a certain amount of time for the changes to bed down. It's not a good move for Lichfield.   

Stefano123

Snakes_Belly said:

Stefano123 said:

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.

They would have signed a contract with Excel and these do give the client the ability to cancel so many PCN's per month. My guess is that they have had quite a few and the Shopping Centre manager is having to deal with the complaints.

I would have thought that the Shopping Centre should have asked for a certain amount of time for the changes to bed down. It's not a good move for Lichfield.   

Seems that a number of people are getting caught out here by a faulty machine so not only me: https://uk.trustpilot.com/review/www.excelparkingservices.co.uk

I've also been able to get in touch with my bank to prove that I attempted to pay with ApplePay but the machine declined my attempt but I can't find internet history that proves I was online at that time, which is annoying.

Is it problematic for anticipated IAS rejection and possible County Court that the registered keeper is effectively admitting being at the car park given the use of Apple Pay if the future defence is to effectively use POFA2012 (PCN sent outside of 14days) to defend the case?    

Snakes_Belly

Stefano123 said:

Snakes_Belly said:

Stefano123 said:

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.

They would have signed a contract with Excel and these do give the client the ability to cancel so many PCN's per month. My guess is that they have had quite a few and the Shopping Centre manager is having to deal with the complaints.

I would have thought that the Shopping Centre should have asked for a certain amount of time for the changes to bed down. It's not a good move for Lichfield.   

Seems that a number of people are getting caught out here by a faulty machine so not only me: https://uk.trustpilot.com/review/www.excelparkingservices.co.uk

I've also been able to get in touch with my bank to prove that I attempted to pay with ApplePay but the machine declined my attempt but I can't find internet history that proves I was online at that time, which is annoying.

Is it problematic for anticipated IAS rejection and possible County Court that the registered keeper is effectively admitting being at the car park given the use of Apple Pay if the future defence is to effectively use POFA2012 (PCN sent outside of 14days) to defend the case?    

The bank may be able to help. If your bank card is declined in a shop the bank will know why.

I would copy those Trust Pilot reviews and use them in your WS. I have to say I just knew that there would be problems. 

Three Spires have not done the best for Lichfield and they should be trying to attract customers into the high street. They have lost Debenhams and the Marks and Spencer food store who are now opening up outside the city.

Please send Jenni's letter to Michael Fabricant and include some of those reviews. 

     

D_P_Dance

Seems that a number of people are getting caught out here by a faulty machine 

This should definitely be brought to the attention of Trading Standards.  

Fruitcake

Stefano123 said:

Snakes_Belly said:

Stefano123 said:

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.

They would have signed a contract with Excel and these do give the client the ability to cancel so many PCN's per month. My guess is that they have had quite a few and the Shopping Centre manager is having to deal with the complaints.

I would have thought that the Shopping Centre should have asked for a certain amount of time for the changes to bed down. It's not a good move for Lichfield.   

Seems that a number of people are getting caught out here by a faulty machine so not only me: https://uk.trustpilot.com/review/www.excelparkingservices.co.uk

I've also been able to get in touch with my bank to prove that I attempted to pay with ApplePay but the machine declined my attempt but I can't find internet history that proves I was online at that time, which is annoying.

Is it problematic for anticipated IAS rejection and possible County Court that the registered keeper is effectively admitting being at the car park given the use of Apple Pay if the future defence is to effectively use POFA2012 (PCN sent outside of 14days) to defend the case?    

Presumably the keeper tried to pay because they were an occupant of the car. There can be no assumption that an occupant of the car was also the driver, unless the vehicle only has one seat.

Stefano123

The Independent Appeals Service (IAS) has received a decision from the Independent Adjudicator regarding your recent appeal for the below PCN.

Appeal Outcome: Dismissed

The Adjudicators comments are as follows:

"It is important that the Appellant understands that the adjudicator is not in a position to give his legal advice. The adjudicator's role is to look at whether the parking charge has a basis in law and was properly issued in the circumstances of each particular case. The adjudicator's decision is not legally binding on the Appellant (it is intended to be a guide) and they are free to obtain independent legal advice if they so wish. However, the adjudicator is legally qualified (a barrister or solicitor) and decides the appeal according to their understanding of the law and legal principles.

The terms of this appeal are that I am only allowed to consider the charge being appealed and not the circumstances of other drivers or other parking events. The guidance to this appeal also makes it clear that I am bound by the law of contract and can only consider legal challenges not mistakes or extenuating circumstances. I am satisfied that the Operator's signage, which was on display throughout the site, makes it sufficiently clear that the terms and conditions of parking are in force at all times and that a PCN will be issued to drivers who fail to comply with the terms and conditions of parking, regardless of a driver's reasons for being on site or any mitigating factors. While noting their comments, it is clear from the evidence provided to this appeal that the Appellant did indeed park otherwise than in accordance with the displayed terms as alleged by the Operator, having been allowed an adequate consideration period prior to the charge being issued. I am satisfied on the evidence provided that the Operator has the authority to issue and enforce PCNs at this site. I am further satisfied as to the location of the contravention, that the correct vehicle has been identified entering/exiting at the times suggested in the images provided and that in the circumstances the correct Appellant is pursued.

I am satisfied that the Operator has proven their prima facie case. Whilst having some sympathy with the Appellant's circumstances, once liability has been established, only the Operator has the discretion to vary or cancel the parking charge based on mitigating circumstances. Accordingly this appeal is dismissed."

Stefano123

Looking forward to wasting their time in court :-)

Umkomaas

Bog standard template response, received by 96% of appellants. I bet you're so pleased that the assessor had some sympathy!

Coupon-mad

Stefano123 said:

Looking forward to wasting their time in court :-)

Quite right.  If the industry can’t provide anything better than a kangaroo court that only upholds 4% of appeals from the public, they can expect to find robust people will say ‘see you in court’.

Stefano123

Umkomaas said:

Bog standard template response, received by 96% of appellants. I bet you're so pleased that the assessor had some sympathy!

I was able to evidence that payment was attempted at their machine but it was declined. Unfortunately there was no way to provide evidence a genuine attempt was then attempted to pay via the online system that refused to register details. At that point after 18 minutes on site with no cash the vehicle was removed from the premise. Hence, the "some sympathy" bit I reckon. I would hope this is more than enough in court to show they are taking the pee, massively!