Excel parking crown point, Leeds... Appeal to POPLA?

[Louiserachel]

Hi all,

 

I have been issued with a parking ticket at the crown point car park Leeds owned by Excel Parking. I have already appealed to excel parking and, of course, it was rejected. Having read many forums I understand the next step it to appeal to POPLA. I would like to ask for some advice on what I need to include in the letter?

 

I am an owner of a parking permit for the excel car park, as I work at TK MAXX on crown point, and had this permit displayed in the window when my ticket was issued. I was issued the ticket because I left the complex to nip into town before starting work. I had no idea that I was not allowed to leave the complex while parking there and was horrified to find a parking ticket on my car especially having displayed my permit!

 

I emailed excel expecting my appeal to be accepted as I work at crown point. I'm concerned about what could happen in if my appeal to POPLA is rejected. Should I include that there has been no losses to the car park as it is not a pay and display car park and indicate the signage stating that you cannot leave the complex is inadequate?

 

I don't want this appeal to be taken to court or receive debt collector threats and cannot find information if excel parking do this... someone please explain and help put my mind to rest!

 

Thanks!!

[ericsbrother]

You are allowed to leave the complex and Excel know this but are hoping you dont. Excel should have given you a 10 digit reference number to allow you to appeal to POPLA. If they havent write back to them complaining that they have failed to do this and if you do not receive a POPLA code by return of post they cannot rely upon the PoFA to claim against you and that the matter will be considered closed. Send a copy of your complaint to the BPA so they know Excel are at it again.

If the code is on your letter you write to POPLA saying that parking permit was displayed and that the claim by Excel is therefore false. It is not an Excel car park, they just manage it on behalf of the landlord and have no rights of their own to determine what you may or may not do as long as your vehicle has a permit.

If you can tell us exactly what the ticket stuck to your screen said we can advise you better but I suspect that Excel wont send any evidence to POPLA as they know they will lose.

Basically, you have a right to be there and they have suffered no loss and nor has the landlord, who has given you permission to be there without any precondition and that overrides any stupid rule Excel have invented. The law is also on your side so you wont get dragged through court or have debt collectors chasing you unless they want to receive a real kicking by a higher authority.

[Louiserachel]

Thanks ericsbrother!

 

That clears up a lot of my questions. Excel Parking did send me the POPLA code so I will submit my appeal to them. I am still concerned that I did breech the contract of rules as it DOES state that I am not allowed to leave the complex on the signage (which is not clear at ALL). I thought I may go down the line of not being a genuine estimate of loss for me to park there before I started work and nip to town. On my original ticket is says it was issued for leaving the site complex- that's all it said. Also I have looked at my parking permit and it is in the terms and conditions that I should not leave the site.

[ericsbrother]

The wording of the signage regarding leaving the site is unlawful, an appeal court has decided that they are not allowed to claim this but to be sure that your appeal to POPLA is successful you need to make it clear that no loss could possibly have been caused to Excel by your alleged action. As you say, successful wording is they have not shown a loss or genuine pre-estimate of loss.

You could also ask what evidence is offered to show that the breach happened as they are not allowed ot photograph you, follow you and guessing where you went is not a good move on their part either. i bet that they drop the matter once POPLA ask them to provider you with their evidence bundle.