Excel Parking PCN

Simon.G · 23 April 2018 at 10:43AM

A mate just emailed me. She had parked in a shops car park and purchased a parking ticket from the machine. She put it in the window of her car and shut the door.

Unbeknown to her the wind caused by the closing door flipped the ticket over and as a subsequence she got a notification taped to her windscreen.

She has now received the full letter stating it is a PCN and a NTK.

As the parking ticket she purchased was not clearly visible (although it was valid and she still has it) is there any grounds she can appeal it?

Thanks in advance.

nosferatu1001 · 23 April 2018 at 10:45AM

Of coruse. Have you read newbies thread, post 1?

Simon.G · 23 April 2018 at 11:03AM

Yep, so I am thinking the following:

My mate has received the PCN via post - so can I assume that she has to now appeal online using the template.

She has checked the PCN online (only once) and they have photos showing the turned over ticket. So I suppose that they will badger her until they take her to court, seeing as they have photographic evidence clearly showing her non-compliance?

Just trying to get an idea of what she is in store for so I can let her know.

Again, you help is appreciated.

beamerguy · 23 April 2018 at 11:32AM

Simon.G wrote: »

A mate just emailed me. She had parked in a shops car park and purchased a parking ticket from the machine. She put it in the window of her car and shut the door.

Unbeknown to her the wind caused by the closing door flipped the ticket over and as a subsequence she got a notification taped to her windscreen.

She has now received the full letter stating it is a PCN and a NTK.

As the parking ticket she purchased was not clearly visible (although it was valid and she still has it) is there any grounds she can appeal it?

Thanks in advance.

If this was me, I would copy the paid for ticket and
request a refund or full cancellation.
Excel will probably ignore as is the scammers way.

Fluttering tickets do not bide well with a judge especially
as the ticket confirms payment

As you can prove you paid to park, EXCEL would be
seen as unreasonable for taking further action

nosferatu1001 · 23 April 2018 at 12:04PM

Send a copy of the ticket to show it was paid for
I presume the back has a serial number so they could have confirmed the time was paid for, if theyd just checked the logs of the machine? They chose not to, so any costs they have incurred are of their own making.

Whiole it is a breach of the conditions, it is not a "mateiral" breach, but one that would be de minimis

Simon.G · 23 April 2018 at 12:33PM

Getting her to check the back of the ticket, but from the image she showed me previously, I don't remember any identifying marks on the back of it.

The_Deep · 23 April 2018 at 12:46PM

They would be unwise to take her to court, some judges regard these fluttering ticket claims as scams, and come down heavily on the PPC, they regard it as a trifle, and the Law does not concern itself with trifles,

https://en.wikipedia.org/wiki/De_minimis

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

Simon.G · 24 April 2018 at 11:21AM

Ok, so I have just seen the ticket she purchased when she parked in the car park.

It does indeed have a serial number of sorts on the back which corresponds with the same number on the front and would denote that this is an identification number which could have been checked against to prove valid parking.

What is the way forward with this? Email to Excel advising that there was a valid parking permit (including a copy of the paid for permit) and telling them to cancel the request for money, OR should she continue with the template to appeal?

Again your help is appreciated.

Coupon-mad · 24 April 2018 at 11:29AM

Tell her to keep blutack in her glove box, I do, just to stick any parking tickets down firmly.

What is the way forward with this? Email to Excel advising that there was a valid parking permit (including a copy of the paid for permit) and telling them to cancel the request for money,

Probably best to do the above as it discloses the fact the driver paid & displayed. They will NOT cancel but they might offer to settle for £15, especially if she complains to the landowner loudly at the same time about feeling hounded by this nasty ex-clamper firm, harassment, etc.

DO NOT TALK ABOUT WHO PARKED, WHO WAS DRIVING!

DO NOT TALK ABOUT THE DOOR SHUTTING & THE WIND CAUSING A FLUTTERING TICKET!

And check if the PCN even allows an appeal to be made by email (don't assume).

Simon.G · 24 April 2018 at 1:38PM

Should she appeal as well as send the email to them?

I only ask as she has just told me she only has 3 days left to put in an appeal.

Again, thanks in advance

Coupon-mad · 24 April 2018 at 8:39PM

at the same time

Thought that I made it clear?

Excel Parking PCN

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