Speculative invoice from Excel **Won at POPLA**

[Snefclarb]

I have received a speculative invoice from Excel. It claims I was identified via ANPR, however on this occasion I was not parked, but waiting somewhere other than a marked bay, with my engine on. I noticed in one of the stickies that I should respond to this as per the guildelines in this forum but didn't see anything clear in any of the stickies.

 

I gather I am meant to go through their appeals process, expect to be denied, get a POPLA reference then contest it, but on what grounds should I be appealing? I wasn't parked, I was waiting, obviously the amount is not representation of the damages, but is there anything else I am meant to do before firing off the appeal letter to Excel? Or am I meant to be doing something else? I'm new to this so it's pretty confusing.

[ericsbrother]

Write to them as the keeper of the vehicle and tell them to supply "strict proof" that the vehicle was parked and say that the ANPR images are no proof of parking at all. If they cannot supply the proper evidence ofthe parking that supposedly creates a contract then they should desist from contacting you again over this matter.

They will probably send a reply saying your appeal has been denied as you were captured by their cameras and therefore you were parked so there la la la. If you do get this letter then it should contain a code for appealing to POPLA

[Snefclarb]

Okay, so I'm at that stage - they sent the appeal denied letter and I am going to POPLA. What points should I be raising here? There is no evidence of this vehicle being parked, just the images of it passing one way through the exit (which is one of two exits, so it is commonly used as a shortcut). Are there any grounds for the amount of the charge being unreasonable?

[f16]

What date was the "Plate capture" ?

 

and

 

What date did the "Invoice" land on your door mat ?

[Snefclarb]

The 8th and 19th, respectively. What does this affect, out of interest?

[f16]

The "Invoice" had to arrive within 14 days of the capture

[f16]

So they sent you a POPLA code with the rejection letter ?

[Snefclarb]

Yes, they did.

[ericsbrother]

then your appeal should be on the following grounds

That you asked for "strict proof" of a breach of the conditions for parking as you were never parked and therefore not in breach of those conditions.

That Excel provide proof of contract that allows them to make claims in their own name and to form contracts with visitors to the site in their own name.

That in any case, if it is decided there was a breach that the sum claimed by Excel does not reflect their loss caused by such a breach nor a genuine pre-estimate of loss due to your actions.

[Snefclarb]

Thanks a lot!

[Snefclarb]

POPLA appeal successful based on the £100 charge not being a genuine pre-estimate of loss. Thanks for all the assistance.

[renegadeimp]

Well done! And thanks for keeping us all informed of the outcome. Another success for GPEOL!

[f16]

Well Done. That's cost them money and you nothing.