Excel parking peel centre Stockport

[lyndajaneb]

HELP I have lost my appeal with popla and now Excel are threatening me with county court judgment What shall I Do?

[ericsbrother]

You need to tell us what your appeal was based upon and what the adjudicator determined. Both are critical in knowing how to defend any claim made against you by EXCEL

[lyndajaneb]

This is a copy of my original appeal to excel

 

PCN No XL...........

 

 

 

I am writing to appeal this notice, on the date in question I arrived at the car park there were no disabled bay parking spaces available and I had three passengers who went to purchase a ticket, My daughter attended 4 machines in the car park and my mother went to three others all were not working there were no notices informing us where a ticket could be purchased and no attendant could be found we had booked a meal in a restaurant and were going to be late my daughter and my mother asked other car users and so we assumed that it was free parking. I am very upset to have received this notice and I feel that it is an unjust fine. I would also like to point out that the notices at the entrance are not clearly displayed and that this amount is unjust and excessive.

 

This is a copy of letter sent to popla

 

Appeal reasons:

On the date in question I arrived at the car park and there were no disabled bay parking spaces available, I had three passengers who went to purchase a ticket as I was unable to do so myself. My daughter attended 4 machines in the car park and my mother went to three others, all they visited were not working and there were no notices informing us where a ticket could be purchased (and no clear signs to where other machines were available) also no attendant could be found to ask. We had booked a meal for my daughters 18th birthday in a restaurant and were going to be late, my daughter and my mother asked other car users and they all had the same issue of being unable to find a working machine. I am very upset to have received this notice and I feel that it is an unjust charge as we did everything we saw fit to do in the situation. I would also like to point out that the notices at the entrance are not clearly displayed and would advise that clearer signing is used throughout this car park. After attending 7 machines that were not working and talking to other car users who were in the same situation I believe that this amount is unjust and excessive. I will happily pay the original amount for parking the car, but I do not believe I was in the wrong in my actions on the date in question.

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and here is the adjudicators findings

It is the operator's case that a parking charge notice was correctly issued. giving the reason as parked without displaying a valid ticket/permit. The operator submits that a parking charge is now due in accordance with the clearly displayed terms of parking.

The Appellant does not dispute that she failed to display a valid ticket.

It is the appellant's case that her mother and daughter, attempted to purchase a ticket from seven separate machines but were unable to do so due to machine faults. The Appellant also submits that there was insufficient signage on site.

The operator submits that there were further, working machines at the site, and so the appellant ought to have obtained a ticket. Furthermore, the operator submits that the terms of parking included a helpline telephone number which the appellant ought to have telephoned.

Whilst I sympathize with the appellant, I am not able to take into account mitigating circumstances. That an appellant feels he or she had good reason for failing to comply with the terms of parking is not a reason for which I can allow an appeal. When parking on private land, a motorist freely enters into an agreement to abide by the conditions of parking in return for permission to park. It is the motorist's responsibility to ensure that he or she abides by any clearly displayed conditions of parking. The operator's pay and display records show that several machines were working in the zone in which the appellant parked, as tickets were bought from them around the time she parked.

Although I note the appellant's comments regarding signage, it is clear that she was aware of the need to purchase a ticket. Photographs provided show that the helpline number was displayed at the pay and display machines and ought to have been telephoned if a ticket could not be purchased.

I must find that, by failing to display a valid ticket, the appellant became liable for a parking charge notice, in accordance with the terms of parking displayed.

Accordingly, I refuse the appeal.

[silverfox1961]

Hi and welcome to CAG

 

I have removed your reference number just in case it was real.

 

As far as I can see (so far) Excel take few cases to court.

 

For starters, they are not the landowner so unless they have express permission in the contract with the landowner, they cannot take any action, only recommend that the landowner does so.

 

If this did go to court, they would have to justify the loss and what loss have they incurred? The cost of the parking ticket and a small admin fee.

 

How much are they trying to fleece you of?

[i hate bailiffs]

What a shower POPLA is

You should telephone the Parking company as there machines not working?

 

In order for them to make you pay they would have to issue court proceedings

Parking company's are loosing in court lately and even paying compensation out to cover costs

[lyndajaneb]

Hi and welcome to CAG

 

I have removed your reference number just in case it was real.

 

As far as I can see (so far) Excel take few cases to court.

 

For starters, they are not the landowner so unless they have express permission in the contract with the landowner, they cannot take any action, only recommend that the landowner does so.

 

If this did go to court, they would have to justify the loss and what loss have they incurred? The cost of the parking ticket and a small admin fee.

 

How much are they trying to fleece you of?

They are now demanding £100 by 4th April do I reply to this letter

[silverfox1961]

I suspect they are just threatening-not saying anything absolute.

 

They know you have been pro-active in this matter and therefore would assume you will be the same if they took court action.

 

I feel they will pass this to a debt collector rather than court so, for now, I would ignore them

[lyndajaneb]

I suspect they are just threatening-not saying anything absolute.

 

They know you have been pro-active in this matter and therefore would assume you will be the same if they took court action.

 

I feel they will pass this to a debt collector rather than court so, for now, I would ignore them

 

Thankyou for your help so far it has been very reassuring how do I find out who actually owns the land?

[silverfox1961]

The land is owned by The Peel Group who are a very large company and just looking at the parking charges:

 

1-3 hour. £1.30

3-4. £2

4-8. £7.50

 

So even if you stayed their for 8 hours, the most they have lost is £7.50

[williams6692]

I would really be interested to hear the outcome of this matter, as I am in a similar situation with Excel Parking @ Peel Centre, Stockport! Did they take you to court or instruct debt collectors?