3 x PCNs from EXCEL. Doh!

FGLLA

Hi Guys,

As the registered keeper of a vehicle, I received 3 PCNs from Excel Parking Services for 3 separate offences spread over 2 months.

I wasn't the driver at the time, however, when I asked the driver what happened, they explained they had actually bought a parking ticket each time. Upon checking the ticket receipts, they were from a parking app and the correct road name was selected. I appealed via their online system providing the receipts, however, the appeal was rejected.

The reason for rejection was that the EPS car park does not use that app and an online payment via connectcashlessparking (or equivalent) was required.
I checked the app again and sure enough the payments were for a different car park on the other side of the road! Doh!

The driver used the app as it is very commonly used in our city, but I'm pretty sure this defence won't be accepted.

Anyhow I have 3 PCNs.
The 1st was appealed via the online system.
The 2nd was never appealed as I didn't initially recognise it as a separate offence and thought it was a reminder letter about the 1st! Demand for payment letter received.
The 3rd was appealed via the online system. I've received a NTK for this.

I don't mind taking these to court. With the help of this great forum, I've taken Excel to court before to set aside a CCJ in 2020 and they subsequently dropped the initial claim also. So I'm fairly aware of the process and the defence, especially regarding the addition of extortionate charges. One of the charges has escalated to £170 and I'm sure the others will too.

However, I'm unsure about the pre-court process and when to appeal and to who?
I appealed to Excel. Rejected.
They recommend appealing to IAS, but I've read on here not to bother.
I've read about appealing at POPLA, but this is only for BPA AOS members?

Any other appeals to try?

My understanding is that they will either assign debt collectors, which I am to ignore?
And they will take me to court for all three? and I currently have to wait until I receive until I receive court documents?



Please let me know if you need any further info!

B789

Are the PCNs PoFA compliant?

fisherjim

You don't take them to court they take you to court.

You can forget the app excuses it won't work the landowner choses the parking costs and gets the revenue from their chosen or agreed collection agent, in this instance they received nothing.

The PPC gets payment for your mistakes and it's to their advantage if you get it wrong.

Coupon-mad

Excel are not POFA compliant, usually, so a registered keeper who wasn't driving should make that clear in a final response to Excel.

And NOT BOTHER with IAS.

Snakes_Belly

Which car park?

FGLLA

B789 said:

Are the PCNs PoFA compliant?

Coupon-mad said:

Excel are not POFA compliant, usually, so a registered keeper who wasn't driving should make that clear in a final response to Excel.

And NOT BOTHER with IAS.

Many thanks!

Advice from the newbies thread, PoFA paragraph 9 as it was postal only and no windscreen ticket:
- 2 x PCNs I still have the original NTK for were received within 14 days.
- None of the letters mention "PoFA 2012". However, they have a paragraph related to "keeper liability" if after 28 days the payment is not made.
Do they have to make reference to PoFA 2012? or just the wording?

Snakes_Belly said:

Which car park?

Copeland st in Derby

Coupon-mad

The paragraph wording is not compliant.

Snakes_Belly

I think that I have seen that Excel Car Park on this forum before. It may have appeared in the media. 

The driver would still have evidence of payments and the VAT number.

Snakes_Belly

https://www.mirror.co.uk/news/uk-news/mum-hit-100-fine-taking-30019985.amp

Looks like that the driver was not the only one to have issues with the app. This one made the nationals. This car park may have already been mentioned on this forum. It looks familiar.

Did the driver have difficulty with the payment machines so tried to pay with an app? According to the article this seems to be a regular problem.

Snakes_Belly

I wonder the driver used the code for the NCP or if there are two different codes for the Excel Car park.  There are entrances from different roads.

https://www.google.com/maps/@52.9202633,-1.468511,3a,37.5y,231.64h,93.34t/data=!3m6!1e1!3m4!1sexp3LPSn5u3Nw0LWEXH_xA!2e0!7i16384!8i8192?hl=en-US&entry=ttu

https://www.google.com/maps/@52.9202539,-1.4694624,3a,75y,140.13h,94.51t/data=!3m6!1e1!3m4!1sZxDFMHHnRHDwU3uM41NqXw!2e0!7i16384!8i8192?hl=en-US&entry=ttu

Snakes_Belly

Copeland Street
Derby
Derbyshire
DE1 2PY

Phone number: 0345 434 8008

SMS : 078 6000 6000

Location Code: 5346

City: Derby

Customer Service Number: 0114 261 7111

Siddals Road

Derby
Derbyshire
DE1 2PY

Phone number: 0345 434 8008

SMS : 078 6000 6000

Location Code: 5273

City: Derby

Customer Service Number: 0114 2617111

This car park is the same car park with different entrances. There does not appear to be any demarcation. The customer service number is Excel's. I wonder if the driver came in one entrance and went out the other. There are different location codes. 

It may be that the driver did accidently make a payments to another PCC. I think you need to check the location codes of the payments and the VAT number and drill down to what has happened because this could be a try on.

What is the actual transgression? Mystic Dad received a PCN for this car park and after a set aside won the claim on the basis that if you have paid by app you could not be in breach of contract if you failed to display a valid ticket or permit. They may have changed the signage since. They also failed to produce a valid landowner contract.