Excel Parking asking for Drivers information. Wrong registration entered at car park

gidi19

Hi all.

I parked in Iceland which has an automatic PCN camera. I paid for the ticket but mistakenly put in the wrong registration. I put in the reg for my spouses car. Received a fine through the post. luckily I kept proof of the parking ticket and sent an appeal to Excel parking, with proof, explaining what had happened. I intentionally did not say who the driver was.

From previous parking tickets I was advised never to accept liabilty, but rather keep the driver unknown.

They have now responded with the following 

We refer to correspondence received from you concerning the above numbered Charge Notice. Please note that responsibility for this Charge lies with the driver of the vehicle at the time the parking contravention was observed. However, we are unable to ascertain who the driver was on the date in question from the information given within your appeal. In order for us to process your appeal correctly, please follow the instructions below:

 1. Notify the driver of the vehicle that they will need to appeal to us directly, including their FULL NAME (Forename and Surname) and a valid FULL SERVICEABLE ADDRESS within 14 days.

 2. If you are representing the driver we require a signed and dated statement from the driver of the vehicle confirming that you are authorised to appeal on his/her behalf; this needs to be an original signature and not a photocopy or a stamp. The statement MUST contain the drivers FULL NAME (Forename and Surname) and a valid FULL SERVICEABLE ADDRESS. Please ensure that correspondence is submitted through the portal www.myparkingcharge.co.uk in order to correctly adhere with the appeals process.

OR 3. Pay the PCN. Payments can be made online at www.myparkingcharge.co.uk by following the links for "Pay Now", or over the phone by calling 0845 226 9138 and using a valid Credit or Debit Card to make payment. It is your responsibility to ensure that payment is received within our office by the date specified. As a gesture of goodwill we have placed the charge on hold for an additional period of 14 Days to enable one of the above actions to be complied with.

My question is, it it a requirement for me to say who the driver is or is it a underhanded way for them to get the information they want to then deny the appeal?

KeithP

gidi19 said:

I parked in Iceland which has an automatic PCN camera. I paid for the ticket but mistakenly put in the wrong registration. I put in the reg for my spouses car. Received a fine through the post. luckily I kept proof of the parking ticket and sent an appeal to Excel parking, with proof, explaining what had happened. I intentionally did not say who the driver was.

From that paragraph it is not clear to me who filed an appeal.

Presumably, as the registered keeper, it was your wife that received a Notice to Keeper.
Hopefully it was your wife that sent an appeal to Excel.

Please confirm.

gidi19

I sent the appeal but I used my wifes details when asked for appellant details. The car is registered on her name. And yes, it was my wife who parked in Iceland.

I cannot remember what was written in the appeal, as it was done on my phone whilst waiting in a car park. My bad. I can vaguely remember saying the driver paid for the parking ticket but input the wrong registration, and I uploaded proof of the parking ticket.

patient_dream

EXCEL are not entitled to know who the driver is.

All they CAN hope to get is the registered keeper details from the DVLA ... NOTHING ELSE
Commonly called PHISHING

KeithP

Your wife should wait patiently for her appeal to be rejected and then sit back and wait for Excel to send her a Letter of Claim.

The guidance on how to deal with a LoC can be found in the second post of the NEWBIES thread.

Meanwhile, why not ask Iceland to intervene and cancel the ticket?

gidi19

I believe they already have the information from DVLA as they sent a letter via post to the registered keeper. But they are now asking to know who the driver was for my appeal to move forward. I've already sent them an appeal explaining the mistake, but did not declare who was driving. The appeal was sent using my wifes details who is the registered keeper of the car, Hope that makes sense

Fruitcake

gidi19 said:

I believe they already have the information from DVLA as they sent a letter via post to the registered keeper. But they are now asking to know who the driver was for my appeal to move forward. I've already sent them an appeal explaining the mistake, but did not declare who was driving. The appeal was sent using my wifes details who is the registered keeper of the car, Hope that makes sense

Follow the advice as given by KeithP in the post immediately preceding your post. In addition to a complaint to the manager/CEO of Iceland, a complaint should also be made to the keeper's MP.

Everything must be done in the keeper's name.

Coupon-mad

gidi19 said:

I believe they already have the information from DVLA as they sent a letter via post to the registered keeper. But they are now asking to know who the driver was for my appeal to move forward. I've already sent them an appeal explaining the mistake, but did not declare who was driving. The appeal was sent using my wifes details who is the registered keeper of the car, Hope that makes sense

Which she DOESN'T answer unless you would be better at handling the court defence next year.  If you are the more robust person, let her name you as driver now.

BUT the strongest legal position is the keeper defends.  So if it were me I would NOT name the driver.

The 'appeal' is a farce and will be rejected.

B789

gidi19 said:

1. Notify the driver of the vehicle that they will need to appeal to us directly, including their FULL NAME (Forename and Surname) and a valid FULL SERVICEABLE ADDRESS within 14 days.

Why not just respond with:

As per your correspondence on date XX/XX/XXX, as requested, I have notified the driver. My part, as the RK, is now finished and, as per my GDPR, I require you to remove my data from your systems and any third party you may have passed it to.