Excel PCN help

bs1998

Hello, I received a PCN from Excel last month and a second notice today. I am posting a letter for information to Excel, I have a letter dated last month and ask why that was not replied to, I am now out of the appeal time frame.

In the first letter I asked for the location and and photos they have showing the driver. I am the registered keeper.

It was issued on 8/4/22, parking date was 18/3/22.

What I said was (dated April 15):

"I have no idea where this is or who was driving or even if it is relevant or true or lawful.

It is impossible to know almost a month after the alleged offence.

Can you please supply all information you have in the form of photographs and any data, and showing where this is please, as this address does not seem to exist?"

The first PCN shows only the registration and that I was there for 13 minutes.

The PCN shows only the postcode, which takes me on Google maps to the middle of the Bristol Road S. No address.

I have been to the site, I found it by driving around, I assume it is the correct parking land, and there is a notice of the parking charges on a side wall as you drive in in a narrow alley, and no notices on the fence for 25 meters or more, none at all on the 30 meter fence, which is where I stopped in a non marked area while I tried to figure out if they had a disabled bay as my Mom was probably with me, a blue badge holder.

They do not appear to have any disabled parking areas.

I left.

I have not stated anything about the lack of signage or any disable bays or that to charge £100 for 13 minutes, which could have been spent driving around for all I know, seems high, but I thought it would be better to see what data and photos they have first?

In the letter I was about to send today I have written:

"Enclosed is the original letter, date April 15, 2022, and posted soon thereafter.

Please do not ignore this letter.

All correspondence is being confirmed with photographs to back up the date of the correspondence.

If you have responded to the original request, I have not received it.

If you choose to not respond again, I will assume this means you are dropping the charge notice, but I would appreciate a notice of that as well.

If you are not dropping this notice, if I do not agree with you, then I would like to use the appeals process, which has been denied me by your not answering my first correspondence, as it has passed the date you have set for using it.

This makes me wonder if that is why you have chosen to not supply the information I have requested, and that I have a lawful right to.

So again, I request ALL information you have on me and the vehicle that you have, in ANY form.

I will not pay an invoice without knowing the circumstances and specifics."

Any thoughts about what I should and should not say or do, please? There seems to be quite a bit of conflicting templates/advice or out of date advice I would like to avoid!

Thank you in advance!

Coupon-mad

Don't write that it is 'impossible to know who was driving' if you know full well it was you.

Start with a more honest and factual stance and say you realise you were driving, now you've located the site in question and narrowed it down. The charge is unfair and breaches the Equality Act 2010 because the car only briefly stopped in a non marked area. I tried to figure out if they had a disabled bay as my Mum was with me, a blue badge holder.  I saw that they do not appear to have any disabled parking areas, so we left.

WARNING, hence the capitals:
ONLY IF THAT STORY ABOUT YOUR MUM BEING WITH YOU IS TRUE?

I have to say your word 'probably' made me think it might not be.  Also why couldn't someone with a disabled passenger use an ordinary bay?

And why were you there?  Were you authorised to be there and didn't just pull in to take a phone call (NEVER CHOOSE A CAR PARK FOR SUCH THINGS, ALWAYS STAY ON STREET AT A KERB).

What sort of car park and what actually happened please? Excel will sue you and you must tell the truth in your defence in time, so set the scene properly now.

bs1998

Hello, thank you for the response.

It could have been me, it could have been my wife. I drive the van more, I do repair work around town, could I have pulled into a parking lot and not even got out? Possibly. I have not taken my wife there to see if she has parked there.

Without a photo, I do not know for sure either way. Will they have a photo of the driver? If so, it would show if my mom was there.

If they do not, then I do not know for sure, and I can't see how they would know?

It was a council car park in the past, I did not kow until I went looking that both the parking lots in that area have been turned into private car parks, there was no signage when I went looking for it a few weeks ago, and if it is the day I am thinking about, my mom was with me and we left. IF it is the day, IF it is the parking lot, I looked for a bay and then my mom had to go to the loo, that was not worth mentioning. If it was another day, then I do not know, and it may well have been my wife.

There are 2 parking lots in that post code area, I do not know which of them it was, as only a postcode is given.

Could I have used a normal bay? There was none available, and my mom, IF IT WAS THAT DAY, could not get out of the van in a normal bay, she is too unsteady to let out and then pull into a bay as she needs to hold on to someone.

Why would they sue me? I have requested more information?

I certainly want to be honest, but I don't know for sure a lot of things, and I honestly don't know or recall after 3 weeks.

If I am going about this all wrong, then please confirm.

Coupon-mad

Can't you see their photos onlne when you log in as if to appeal or pretend to pay?  Pop in your van's VRM and the PCN number and the evidence pics are normally all shown.

Not getting out the car is still parking and is no defence if the signs were clear.  This is Excel so we doubt they were but you need to know that 'sitting in a car' (such as to take a call) is still a parking event.

Why would they sue me?

Because they can and do this every day!  They are aggressive ex-clampers and this is their usual thug business model, based around unclear signs then intimidation and litigation.  They have a litigation team especially to sue victims and frighten your socks off.

We are not telling you to pay but don't send responses that are not clear and open about your position.  Why not ask for all their evidence photos and to specify the exact car park on Google Earth or Streetview to help you make more of an informed decision?

bs1998

Coupon-mad said:

 Can't you see their photos onlne when you log in as if to appeal or pretend to pay?  Pop in your van's VRM and the PCN number and the evidence pics are normally all shown.

Not getting out the car is still parking and is no defence if the signs were clear.  This is Excel so we doubt they were but you need to know that 'sitting in a car' (such as to take a call) is still a parking event.I have re-written today's response

Why would they sue me?

Because they can and do this every day!  They are aggressive ex-clampers and this is their usual thug business model, based around unclear signs then intimidation and litigation.  They have a litigation team especially to sue victims and frighten your socks off.

We are not telling you to pay but don't send responses that are not clear and open about your position.  Why not ask for all their evidence photos and to specify the exact car park on Google Earth or Streetview to help you make more of an informed decision?

I have re-written todays response based on what you said:

"I have visited the postcode area and believe I know what car park it is now, but it would help if I knew if it was when I was driving and whether or not it was when I was taking my disabled mom shopping, and found out that there are no disabled or Blue Badge bays in that parking lot.

It could have been a different time, however, if it was someone else driving."

And I did not log in to their site as I thoguht that would acknowledge something, so I wrote a letter that has been ignored. And another one today.

It is a bit worrying that they ignore today's letter as well and say whatever, they didn't receive it, they don't repond to letters etc. I did not send it signed for as I read on this forum not to do that as they will not sign for it, so no proof I sent it other than a photos of the envelope addressed to them with a stamp.

And yes, I thoguht that there had to be signs every so often, a certain distance, but is that not true? As there are only 3 signs in the whole place, and 2 are not on the property but on walls of adjoining stores.

Coupon-mad

Please log onto the website and look at the photos, as per my advice.  It's the first thing to do!

bs1998

Okay. thanks

Coupon-mad

Tell us what you learn.

bs1998

I have logged on, and all they have is what was in the charge notice, 2 small photos of the registration and part of a wheel, and the name of the road and a postcode.

bs1998

So is that all they have?

Coupon-mad

Yes, that's all they have.