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Excel parking ticket, Final reminder. Any help appreciated.

13

Comments

  • Ba55Man
    Ba55Man Posts: 20 Forumite
    10 Posts
    edited 3 July 2024 at 1:46PM
    Other than the notice to keeper not being received, is there any other way I can tell if they are non POFA compliant in this case?
  • Ba55Man
    Ba55Man Posts: 20 Forumite
    10 Posts
    What is no landowner authority? Because when I went in to Iceland they said that it was council land, but yet I thought the contract would be with Iceland.
    Yes I can truthfully deny being the driver.
  • Gr1pr
    Gr1pr Posts: 13,088 Forumite
    10,000 Posts First Anniversary Photogenic Name Dropper
    Not without an NTK PCN letter, but Excel tend to not comply with POFA, which they don't have to, it's not mandatory 

    Excel tend to pursue the victim on the basis that they were the driver, in which case the POFA or keeper liability issues go into the nearest bin, no point in worrying about it if you were the driver ( don't tell us. )

    It would ONLY be relevant if you were NOT the driver 

    Don't overthink this, think about who parked the vehicle and shopped, then think about what any defence is, I already mentioned 3 
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    If the terms and conditions changed recently the IPC COP clearly states:
    Where there is any change to any pre- existing terms and conditions that would not be
    immediately apparent to a person visiting the Car Park and which materially affects
    the Motorist the Operator should place additional (temporary) notices at the entrance
    making it clear that new terms and conditions/charges apply, such that regular visitors
    who may be familiar with the old terms do not inadvertently incur Parking Charge
    Notices should be in addition to the signage ordinarily required and left in place for an
    appropriate period.
    Though that period isn't specified I believe the BPA in theirs suggest 4months.
    Always keep in mind you  are dealing with slippery scammers too.


  • Ba55Man
    Ba55Man Posts: 20 Forumite
    10 Posts
    What is the no landowner authority argument?

    The new camera system has changed and new signs, but whether the terms and conditions within them have changed I don't know. All I know is that driver has parked to shop for years without buying a ticket and there has never been an issue until now
  • Ba55Man
    Ba55Man Posts: 20 Forumite
    10 Posts
    Over the years the driver genuinely believed that since they were shopping in Iceland and parking in Iceland car park, that the old ticket machine etc.. that was there before the new one, just didn't apply to them as they were Iceland customer
  • Gr1pr
    Gr1pr Posts: 13,088 Forumite
    10,000 Posts First Anniversary Photogenic Name Dropper
    Excel signed a valid contract with a company or business, to oversee the car park, two parties signed it 

    That valid contract was either with a managing agent company, or the landowner or business 

    If it wasn't with the landowner or business, then there would be a valid second contract between the managing agent and the landowner , to maintain the links. This is very common with multiple outlet retail parks, like the one with Iceland foods and also B & M near me. ( That's one is overseen by Parking Eye, none of them are the landowner. )

    So Excel have to have valid authority, starting from the landowner and ending up with Excel, possibly via a third party intermediate , so with one or more in date contracts in place 
  • Ba55Man
    Ba55Man Posts: 20 Forumite
    10 Posts
    And how can I find this out?
  • Gr1pr
    Gr1pr Posts: 13,088 Forumite
    10,000 Posts First Anniversary Photogenic Name Dropper
    Ba55Man said:
    And how can I find this out?
    You can't get sight of them until a few weeks before the hearing date , you don't have any rights to do so

    As for landowner details,  see this thread below 

  • Coupon-mad
    Coupon-mad Posts: 161,013 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 3 July 2024 at 6:40PM
    None of this matters at this point.

    Sit tight. You will have a defence when the time comes. We will help you, then.

    Read the fourth post of the NEWBIES thread so you are prepared and don't have to ask us about silly £170 debt demands (please).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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