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Overseas when PCN issued, no right to appeal, Excel parking Lichfield

Good morning,

I'm new here and came across this forum researching what to do.

I have read the newbie section, which has been useful but, am after more advice.

I returned home yesterday after being abroad for 2 months to find a final reminder from Excel parking.  I had parked in the 3 spires short-stay in May. I paid the fee, checked the payment was pending and that the machine said my session was paid for.  I had previously parked there on numerous occasions with no issue, but knew there had been some.

As like many before me, I've paid, well think I have, but have no proof due to the ticketless system

Anyhow, fast forward, I left the UK on 18 Jun and returned yesterday, 10 Aug.

Opened my mail to a final reminder, claiming a notice to keeper had been sent on 23 Jun.  I may have been, but it wasn't received. And even if it was I wouldn't have been here to open it.

I eventually managed to contact Excel, who said to email their litigation department as the case was now with debt collectors and I can't even lodge a late appeal,

Question- Do I email them and explain I have been away, or do I wait for the collection letters and take it to court.

Thank you.
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Comments

  • ab2000
    ab2000 Posts: 94 Forumite
    10 Posts Name Dropper
    @Fruitcake, thank you.

    Photos of the site will be hard as they were replaced in June by Eurocar parks.

    I have drafted an appeal to send to the litigation dept saying I was out of the country at the time the notice was issued.  
  • Snakes_Belly
    Snakes_Belly Posts: 3,703 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    edited 11 August 2022 at 12:26PM
    ab2000 said:
    Good morning,

    I'm new here and came across this forum researching what to do.

    I have read the newbie section, which has been useful but, am after more advice.

    I returned home yesterday after being abroad for 2 months to find a final reminder from Excel parking.  I had parked in the 3 spires short-stay in May. I paid the fee, checked the payment was pending and that the machine said my session was paid for.  I had previously parked there on numerous occasions with no issue, but knew there had been some.

    As like many before me, I've paid, well think I have, but have no proof due to the ticketless system

    Anyhow, fast forward, I left the UK on 18 Jun and returned yesterday, 10 Aug.

    Opened my mail to a final reminder, claiming a notice to keeper had been sent on 23 Jun.  I may have been, but it wasn't received. And even if it was I wouldn't have been here to open it.

    I eventually managed to contact Excel, who said to email their litigation department as the case was now with debt collectors and I can't even lodge a late appeal,

    Question- Do I email them and explain I have been away, or do I wait for the collection letters and take it to court.

    Thank you.
    There has been a lot of PCN's issued as a result of Excel's aggressive behaviour on the two car parks Backcester Lane and Gresley Row.  They have now been kicked off.

    You will have to run with the process of receiving debt collection letters. When you receive the Letter Before Claim (LBC) you will need to start taking some action.

    I would write to your MP as they need to know what is going on. I doubt that they will be able to overturn your PCN but please write. 

    The issues with this car park are well documented on this forum and you would do well to read the posts relating to these car parks. 

    Michael Fabricant the MP for Lichfield is aware of the issues with this operator and has tried to intervene with numerous PCN's but has received short shrift from Excel.

    I have not seen any results from court hearing yet but some are imminent.

    Nothing really to do at the moment other than reading up and filing the debt collection letters. 

    Many people have paid these claims at least you haven't done that. I agree with Fruitcake a single email to explain the situation will show that you have tried to engage but is unlikely to produce any results.

    Don't even think about contacting them by telephone. They are a nasty ex-clamping company that had no place in Lichfield. The MP has publicly expressed that he is delighted that they have been kicked off the sites. 

    Landowner and PPC have now changed.
      

    Nolite te bast--des carborundorum.
  • Umkomaas
    Umkomaas Posts: 42,993 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Help narrow down your searches by using the term 'Excel Lichfield' to read the plethora of cases that have been reported here. I'm sure it will keep you busy over the weekend (!) as well as giving you confidence that you can deal with this. The forum search function is powerful, if a bit clunky if using for the first time, so please read the following thread to help walk you through the various steps you'll need to take to get best results. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Fruitcake
    Fruitcake Posts: 59,434 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Have a look at Google Streetview to see if there are any historic images of use before the PPC changed in June.

    There may also be useful images on some of the other threads about this site.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Snakes_Belly
    Snakes_Belly Posts: 3,703 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    edited 11 August 2022 at 12:49PM
    "As like many before me, I've paid, well think I have, but have no proof due to the ticketless system"

    There are two possible issues. VRN does not match which results in a PCN that claims that you have not paid. 

    Payment by card appears to have been taken but much later a message is received to say the payment has been declined. This also results in a PCN saying that you have not paid.

    Are they saying you have not paid or are they saying that there is not a VRN on their records that matches your car? You will need to see the records for that day and timeframe. 

    Excel know that this is happening.

    Blue badge holders have also been hit with PCN's because it was previously a council run car park and parking was free to blue badge holders. There was inadequate signage to say that terms and conditions had changed. Regular blue badge holders have received multiple PCN's. Many drivers have paid.



     


    Nolite te bast--des carborundorum.
  • Umkomaas
    Umkomaas Posts: 42,993 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 11 August 2022 at 12:57PM
    Payment by card appears to have been taken but much later a message is received to say the payment has been declined. This also results in a PCN saying that you have not paid.
    Another PPC stunt. Sacrifice £3, puts them in line for £60.  Only needs two shafted payers to make this 100% more profitable than collecting 20 x £3.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • ab2000
    ab2000 Posts: 94 Forumite
    10 Posts Name Dropper
    @Snakes_Belly they are saying:

    101) Parked without payment of the parking tariff for the vehicle registration mark of the vehicle onsite.

    Do you think its worth putting in a SAR request now or wait?

    My bank seem to think that the payment will show as pending, but then they've not claimed it.  This doesn't result in anything showing on the system as a declined payment would.  Things such as poor connectivity can result in this.
  • Snakes_Belly
    Snakes_Belly Posts: 3,703 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    edited 11 August 2022 at 1:02PM
    Umkomaas said:
    Payment by card appears to have been taken but much later a message is received to say the payment has been declined. This also results in a PCN saying that you have not paid.
    Another PPC stunt. Sacrifice £3, puts them in line for £60.  Only needs two shafted payers to make this 100% more profitable than collecting 20 x £3.
    On a Sunday it's only a £1.00 to park in Lichfield. So why would people avoid payment for £1.00?

    Nolite te bast--des carborundorum.
  • Snakes_Belly
    Snakes_Belly Posts: 3,703 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    Fruitcake said:
    Have a look at Google Streetview to see if there are any historic images of use before the PPC changed in June.

    There may also be useful images on some of the other threads about this site.
    Another poster has taken an image so I am hoping for a copy. Google starts from 2020 and Excel did not take over until 2021. In a short time they have done a lot of damage.

    Nolite te bast--des carborundorum.
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