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excell parking fine

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  • skye10skye10 Forumite
    30 Posts
    Oh thank you so so much
  • edited 2 July 2013 at 2:50AM
    Coupon-madCoupon-mad
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    edited 2 July 2013 at 2:50AM
    How about this? Copy and paste it by highlighting it and putting it on a word document; add the ticket number and POPLA code to the title and print it out and attach it to your POPLA form, with all boxes ticked except the 'stolen' grounds of appeal. Put 'see attached appeal' on the POPLA form and DO NOT use a paper clip, just staple it securely together & post it off, job done.




    Dear POPLA adjudicator,

    POPLA appeal re Excel ticket number xxxxxxx POPLA code xxxxxxxxxx

    This is my appeal as I am the driver of this car (already admitted) but I am not legally liable for the parking charge. In addition, the vehicle was not improperly parked. As such, the parking 'charge' notice (ticket) also exceeded the appropriate amount.

    SUMMARY OF INCIDENT: HARASSMENT OF AN EQUALITY ACT PROTECTED APPELLANT
    The situation is that I parked in an Iceland car park and entered the numbers of my car registration, in accordance with established practice in local car parks. I saw no signage telling me that this car park specifically required a full car registration so I had an honest belief that I had correctly paid and displayed.

    When the registered keeper received a postal 'ticket' out of the blue he wrote and explained in good faith what happened, enclosing a copy of the valid pay and display ticket which we still have.

    We expected Excel to understand and cancel the charge. In fact they ignored the details of the appeal, not considering our points properly or fairly. They demanded to know who was driving, put pressure on us to just pay up within 14 days and did not provide a POPLA code at that stage with that rejection letter. This is a breach of the BPA Code of Practice and as such this AOS member has acted ultra vires; they have no business to ask who was driving at appeal stage if a registered keeper has appealed (as the keeper is entitled to do in their own right).

    Upset about this unfairness, we did manage to send another letter naming myself as the driver, in spite of the fact that our priorities are elsewhere; I am suffering from breast cancer and awaiting follow-up surgery. Excel's pursuit of this charge under these circumstances with a customer who has proved that they paid and displayed is already harassment.

    If Excel do not cancel it - whatever the POPLA decision - they will also be in breach of the Equality Act 2010 (the Act) because my long-term debilitating condition, which Excel are now aware of from my letters, means I am a protected person under the Act. It is unlawful to harass a disabled person and any alleged contractual terms & conditions are rendered null and void, if the effect is to breach disability legislation by harassment.

    Excel must cease and desist with this harassment now that they know about my protected condition and it is my belief that POPLA cannot uphold this 'charge' under these circumstances as it would be enabling direct discrimination.


    OTHER POINTS AGAINST AND IN RELATION TO THIS CHARGE
    In case the adjudicator requires more information as to why this parking charge should not be paid - I have researched the matter and would like to point out the following:


    EXCEL FAILED TO UNDERTAKE THEIR USUAL MANUAL REVIEW OF TICKETS
    Excel's unfair parking tickets were exposed in a recent Watchdog Daily article here:

    http://www.bbc.co.uk/programmes/p00zkz1k/features/private-parking

    and their spokesperson is on record as responding thus in the case of Mr Couzens where Excel admitted their processes failed:

    ''However, we do recognise that motorists may input an incorrect digit(s) of their VR number when purchasing a P&D ticket and as such our processing allows for a manual review/quality check of PCN’s before they are issued. Unfortunately, on this occasion our check failed...''

    I say that clearly their check failed in my case as well, and the correct course of action would have been for them to cancel the fake PCN when they received the information that I had input my car registration numbers only (not letters). It would have been a simple matter to check, especially as I provided a copy of the P&D ticket itself.

    Excel have shown me no evidence that they even bothered to check and if so, why their check failed. So they must now explain their actions to POPLA.


    UNCLEAR AND NON-COMPLIANT SIGNAGE
    Due to their high position, bright colours, distracting pictograms and the barely legible size of the small print, the signs in this car park are very hard to read and understand. At no point was I sufficiently informed by any signs that I had to input my entire car registration number in this car park as this is not the norm locally. Neither was the wording on the P&D machines clear in this regard, or I would not have entered just the numbers.

    I contend that the signs and any core parking terms Excel are relying upon were too small for any driver to see, read or understand when driving into the car park. I request that POPLA should check the Operator's evidence and signage map/photos on this point and compare the signs to the BPA Code of Practice requirements. I contend that the signs and machines in that car park (wording, position, clarity) do not comply and fail to properly warn/inform the driver of the terms and any consequences for breach, as in the case of Excel Parking Services Ltd v Martin Cutts, 2011.


    CONTRACT WITH THE LANDOWNER - NOT COMPLIANT WITH THE BPA CODE OF PRACTICE AND NO LEGAL STATUS TO OFFER PARKING OR ENFORCE TICKETS
    Excel do not own this car park and are acting merely as agents for the owner or legal occupier. In their Notice and in the rejection letters, Excel have not provided me with any evidence that it is lawfully entitled to demand money from a driver or keeper, since they do not own nor have any interest or assignment of title of the land in question.

    I do not believe that the Operator has the necessary legal capacity to enter into a contract with a driver of a vehicle parking in the car park, or indeed the legal standing to allege a breach of contract (as evidenced in the Higher Court findings in VCS v HMRC 2012).

    I would require POPLA to please check whether Excel have provided a full copy of the actual contemporaneous, signed & dated contract with the landowner/occupier (not just a signed slip of paper saying it exists) and check that it specifically enables this Operator to pursue parking charges in their own name and through the court system. I say that any contract is not compliant with the requirements set out in the BPA Code of Practice.


    NO CONTRACT WITH THE DRIVER AND UNFAIR TERMS
    There is no contract between Excel and myself but even if there was a contract then it is unfair as defined in the Unfair Terms in Consumer Contracts Regulations 1999:

    Unfair Terms
    5.—(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

    (2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.''

    Clearly it is patently unfair for a firm to state in a published article that they have a set procedure including manual checks - because they understand a driver can make a mistake with car registration input - and yet they failed to carry out those simple checks in my case. This would seem to me to be a clear breach of the Consumer Protection from Unfair Trading Regulations 2008.


    NO BREACH OF CONTRACT AND NO GENUINE PRE-ESTIMATE OF LOSS
    Excel are clearly attempting to enforce this charge under paragraph B 19.5 of the BPA Code of Practice as they suggest my emergency constituted a breach of contract. As such, they must be required to validate this argument by providing POPLA with a detailed financial appraisal which evidences the genuine pre-estimated amount of loss or damages in this particular car park for this particular 'contravention'.

    Since I paid and displayed and no damage was caused, there can have been no loss arising from this incident. Neither can Excel lawfully include their operational day-to-day running costs in any 'loss' claimed. I contend there can be no loss shown whatsoever; no pre-estimate (prior to starting to 'charge for breaches' at this site) has been prepared or considered in advance.


    ANPR SECTION OF THE BPA CODE OF PRACTICE
    I further contend that Excel have failed to show me any evidence that the cameras in this car park comply with the requirements of the BPA Code of Practice part 21 (ANPR) and would require POPLA to consider that particular section of the Code in its entirety and decide whether the Operator has shown proof of contemporaneous manual checks and full compliance with section 21 of the Code, in its evidence.


    UNLAWFUL PENALTY CHARGE
    Since there was no demonstrable loss/damage and yet a breach of contract has been alleged, it can only remain a fact that this 'charge' is an attempt at dressing up an unlawful penalty to impersonate a parking ticket. This is similar to the decisions in several County Court cases such as Excel Parking Services v Hetherington-Jakeman (2008), also OBServices v Thurlow (review, February 2011), Parking Eye v Smith (Manchester County Court December 2011) and UKCPS v Murphy (April 2012) .



    On the basis of all the points I have raised, this 'charge' fails to meet the standards set out in paragraph 19 of the BPA CoP and also fails to comply with the CPUTR 2008, the UTCCR 1999, the Equality Act 2010 and basic contract law.

    It is unfair and punitive and, as such, I respectfully request that this appeal be allowed.




    Signed:

    Dated:
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • bazsterbazster Forumite
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    Bloody hell C.M., remind me never to get on the wrong side of you!

    The PPC's might as well hang up their ticket machines and get a proper job now, since they are clearly on a hiding-to-nothing! I'm minded to go out and get a ticket today just so I can write a letter like that!

    :T
    Je suis Charlie.
  • skye10skye10 Forumite
    30 Posts
    Oh my thank you coupon-mad my son is now going to print this out for me. I will enclose it with form I got. ,I will attach print out to form .sign and date it , is that right. I can't thank you enough. My son is worried of my health. So this is a situation I don't need to be in. Thank you again and will be in touch .
  • Coupon-madCoupon-mad
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    bazster wrote: »
    Bloody hell C.M., remind me never to get on the wrong side of you!

    The PPC's might as well hang up their ticket machines and get a proper job now, since they are clearly on a hiding-to-nothing! I'm minded to go out and get a ticket today just so I can write a letter like that!

    :T


    Someone in my family got one last week so I will be helping them write a POPLA appeal in person shortly - that's if I can't get it cancelled by the well-known Supermarket first (not Aldi but another one).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • skye10skye10 Forumite
    30 Posts
    Well I sent my popla letter in couple weeks ago ...today I received another demanding letter from excellent say my fine is now £100.. has its to late to appeal, but I already have done.. I really can't be handling this ....I've been very emotional this week about my illness ...the stress is doing me no good ....what do I do know about this red demanding letter
  • skye10skye10 Forumite
    30 Posts
    That was meant to say excell .....sorry about that ..
  • edited 26 July 2013 at 12:48AM
    Coupon-madCoupon-mad
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    edited 26 July 2013 at 12:48AM
    Excellent! And I mean that! :rotfl:

    Just take a nice photocopy of it because that letter is not allowed. Calm down.

    You could either send the copy to POPLA now (obviously with a covering letter stating your POPLA code - which you have kept a copy of I hope). Say 'This is further evidence re my POPLA appeal. Excel have sent this horrible scary red letter threatening me and demanding the money even though I have appealed already to POPLA and they have to stop all action until your decision is made. I wanted the adjudicator to be aware of this intimidating demand from Excel - and because of my illness I have been very emotionally upset by this - but I understand that it is a breach of the BPA Code of Practice so am trying not to let it concern me whilst I await your adjudication decision'.

    Or wait until you receive the 'evidence bundle' of paperwork from Excel (don't panic when it arrives!) and no doubt there will be more to object to among that...then you could send POPLA an update of what Excel have done wrong (including that letter).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • skye10skye10 Forumite
    30 Posts
    Thank you coupon-mad. My son has copy of everything. I.all speak to him today
  • skye10skye10 Forumite
    30 Posts
    Oh !!!!!! I didn't send the popla form with the letter ,,damm,,,but all the correspondent was in the letter ..will it matter coupon-mad ?
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