Excel Parking PCN - Backcester Lane Lichfield Three Spires

avfcnicolen

I’m hoping someone could offer any advice on this matter. I’m being pursued & threatened with court action for a PCN. 

I received the PCN on 16/4/21! However I didn’t receive the PCN NTK until 24/7/21, 3 months after it was happened. 

I parked in Backcester lane, Three Spires Lichfield using a blue badge & I brought a parking ticket from the ticketless machine because I didn’t know if the parking for blue badges was still free.  I had been shielding for the best part of 14 months due to be on the government vulnerable list.  Going out was quite foreign to me and somewhat scary at this time. 

On the LDC accessibility page as of May 25 2021 It still stated the car park was free for blue badge holders. 

I also know that a planning permission case as been filed by the LDC planning department because the landowner didn’t have planning permission to put up an ANPR Camera or associated signage.  I am not sure if this helps my case if I end up court?

When I parked there Excel parking had very little signage up at this point.  Making blue badge holders unsure or unaware of the changes! 

Three spires management did not in my opinion do there best inform the citizens of Lichfield of any changes to the car park especially those who use a blue badge.   

All local newspapers had Ceased to exist because of Covid available for local people for local news updates. 

I don’t believe and unsure Excel have any rights to issue the PCN because they do not own the land or have permission rights? Something to trespassing law? 

 Does anyone know if this is true. 

I have been receiving intimidating letters from this company.   To the point they almost made me submit my personal financial.  It’s only because I contacted the CAB consumer advice I’ve since found out that they have no rights to ask for this?  And advised not to give them anything.  And also advised to put a complaint to the IAC regarding there conduct in this ongoing matter. 

If anyone can offer me advise in my pursuit to challenge this company.  I’m aware that people have suggested talking to the local MP - MF however he doesn’t have the best rep for helping local ppl.  

 

Fruitcake

What happened when you complained to the landowner?

Is this private land or council land where an unregulated private parking company operates? Council owned car parks cannot be run as if they are privately owned. I ask this because you mention LDC but haven't said whether this refers to London District Council or something else.

The blue badge scheme does not apply on private land, so buying a ticket was a good idea.

You haven't said if the first PCN was a NTD.

What is IAC?

The parking operator should have obtained planning permission for ANPR cameras and equipent, and advertising consent for their signs. Not having it breaches para 12 of the PoFA, but that doesn't help you if you intend to reveal the driver's identity. Neither does the NTK arriving out of time.
You need to decide whether you want to appeal this as keeper and use the PoFA, or as driver.
Not having advertising consent is also a criminal offence, but only the council can do anything about it.

avfcnicolen

Ty for your reply

It’s Lichfield District Council.  Excel they have no evidence that I brought a ticket. It was cashless!  I’ve received a LBC from the litigation & debt recovery department now. 

In my appeal I foolishly  sent a copy of my blue badge so they take it they I’ve admitted being the keeper. 

if they have planning permission they have no right to film cars?  

Im not trying to catch at straws here.  Im a emotional wreak over this situation.  I’ve spent months researching as I believe I paid and showed my disabled blue badge.  

I don’t know what para 12 of the PoFA is? 

Fruitcake

I have just seen on your duplicate thread that you have already appealed. It would have been helpful to mention that here on this thread.
Did you appeal as keeper or did you reveal the driver's identity?

avfcnicolen

Sorry forgot to add I believe the land is private. Owned by the Three Spires it used to be council.  This is why the council is pursuing a planning permission case against the landlord 

KeithP

avfcnicolen said:

In my appeal I foolishly  sent a copy of my blue badge so they take it they I’ve admitted being the keeper. 

A blue badge holder only needs to be an occupant of the car.

My father had a blue badge and never drove a car, or any other vehicle, in his life.

avfcnicolen said:

I don’t know what para 12 of the PoFA is? 

That's paragraph 12 of Schedule 4 of the Protection of Freedoms Act 2012.

avfcnicolen

I understand this! As part of my appeal I informed them of my blue badge and unaware of any changes to the carpark. I believe from this it was taken omission I was the the keeper.  I’m having to prepare a file ready to go to county court because I believe that’s where this travesty is going to end up.

avfcnicolen

Ty for informing of the PoFA 2012 I’ve had a look I’m not sure how I can use this in my defence.  Is stuff I really do not understand. Snd given the impact this is having my health it’s even harder to comprehend 😞

Coupon-mad

You are not clutching at straws.  We are with you and everything you said in your first post is useful in your defence.

If you are at LBC stage, read the NEWBIES thread about that stage.  See my signature (below) for where to click back, top of the page.

You should respond to the LBC but certainly no filling in financial reply forms! You should be proving that you paid - and you were not foolish to show your blue badge, that's great!  Also send them the evidence of the website that was offering the parking free of charge in May and tell them to crawl back under their stone.

Be confident, stick with us throughout and don't ask the CAB, whose understanding of private parking scams and defences is worse than naive; it's atrocious.

avfcnicolen

Ty you for your kind response.   The system was a ticketless so in good faith I believed it had gone through.  As mentioned I was unaware that you needed to pay because there was little to know signage about the change of parking rules from free to charged.  As I had my blue badge displayed also.  

And again the Lichfield District accessibility (run by LDC) site stated fee parking for BB holders. 

I sent them my dispute saying why I believe I shouldn’t pay the debt.  

I also sent photographic evidence of the LDC accessibility site.  I believe I also provided evidence of an email from the planning department from LDC starting there was no planning permission to put up a camera & signage 
Excel parking from my research have an horrendous reputation. I read some positive outcomes however today I saw a post where a lady ended up in court with a £500 fine & ccj. B 

avfcnicolen

OMG I’ve just read something in the LBC newbie thread. I sent my copy by special delivery signed for. Which I believe the thread is advising not to do this as the sender can refuse it!  What do I do if they do this to me?