Excel Parking @ Peel Centre, Stockport - Ticket Machines Covered

[williams6692]

We parked at the Peel Centre on the evening of 9th February 2014. We arrived, parked & left with some friends who were in a separate car. All the ticket machines were covered up with yellow covers, so we couldn't purchase a ticket. We took photos of all the machines in the vicinity just in case of any come back.

 

We received a PCN from Excel Parking Services which we appealed against, but it was rejected. We appealed to POPLA, and again the appeal was rejected.

 

In short, Excel & POPLA are saying that we should have contacted the Helpline No, but the sign next to each machine just says “in case of machine failure please use another machine and report the fault by calling our Helpline telephone number”. However:

 

- There was no fault to report.

- We couldn't use another machine because they were all covered up.

- It doesn't say on the sign that you should call the Helpline number to make alternative payment arrangements.

- Our friends who arrived, parked & left at the same time as us didn't receive a PCN.

- I have asked Excel Parking on several occasions (by email) why the machines were covered up on the night in question - they haven't replied. How do we know they didn't cover them all up on purpose to catch people out?!

 

This is the summary from POPLA:

 

"Considering carefully, all the evidence before me, I find that by parking at the site for 73 minutes without purchasing the appropriate parking tariff, the appellant breached the terms and conditions of using the site. I also find that if the appellant was unable to purchase a valid ticket/ permit, they should have contacted the operator on the number provided on the signage displayed at the site, failing this they should not have parked there. I also find that the appellant’s case is that of mitigation. Mitigating circumstances do not form a valid ground to allow an appeal. Accordingly, this appeal must be refused."

 

I now have until Friday 1st August to pay £100 fine "in order to avoid any further action by the operator".

 

I would really appreciate some advice!!

 

Thanks

Karen Williams

[renegadeimp]

I think you used the wrong appeal to be honest. You should have got them on GPEOL. It wouldnt matter then if you had called the number or not, if you parked across two bays, or if the covers were on or off the machines.

[williams6692]

I think you used the wrong appeal to be honest. You should have got them on GPEOL. It wouldnt matter then if you had called the number or not, if you parked across two bays, or if the covers were on or off the machines.

I've never heard of GPEOL to be honest! Excel Parking Services Ltd referred us to POPLA when they rejected the initial appeal, and I did a fair bit of research myself but I didn't come across GPEOL. What is it?

[renegadeimp]

GPEOL is the estimated loss they would have suffered. Which is zero. And even if they suffered any kind of loss, it wouldnt have been 60 or 100. If you had appealed on that, then popla would have found in your favour.

[williams6692]

GPEOL is the estimated loss they would have suffered. Which is zero. And even if they suffered any kind of loss, it wouldnt have been 60 or 100. If you had appealed on that, then popla would have found in your favour.

OK, thanks for the explanation.

 

What I'm concerned about now is whether Excel will threaten to take us to court, and whether or not we'd have a case if we decided to pursue this option. I am loathed to pay the £100 because I honestly think we have been duped!

[renegadeimp]

Others will advise more, but if it was me, i'd just tell them to bog off now. If they were dumb enough to go to court, you have proof of what you say and you can use GPEOL to get the judge to throw the case out. These PPC's are nothing more than the cowboy clampers that got banned a few years ago. Now they cant clamp cars and charge hundreds in release fee's, theyre trying to get 60-100 or more from people who just want to park and do some shopping.

[williams6692]

Others will advise more, but if it was me, i'd just tell them to bog off now. If they were dumb enough to go to court, you have proof of what you say and you can use GPEOL to get the judge to throw the case out. These PPC's are nothing more than the cowboy clampers that got banned a few years ago. Now they cant clamp cars and charge hundreds in release fee's, theyre trying to get 60-100 or more from people who just want to park and do some shopping.

Thanks a lot, I appreciate your comments.

[i hate bailiffs]

 

I now have until Friday 1st August to pay £100 fine "in order to avoid any further action by the operator".

 

 

It is not a fine! Just a invoice

I would not pay them anything

Let them take you to court there is clear evidence that you could not pay

 

I would put money on them loosing

Keep all their ever increasing begging letters

I expect they will be from a debt collector at some point

 

Do not ignore court papers but everything else you can ignore

[themagician]

I've never heard of GPEOL to be honest! Excel Parking Services Ltd referred us to POPLA when they rejected the initial appeal, and I did a fair bit of research myself but I didn't come across GPEOL. What is it?

nearly every other thread has possibly some reference to gpeol,you must read some .knowledge is king.

[BankFodder]

Please do let us know if this goes any further with Excel. Well done on taking the photographs. Most people would not have bothered and then would have regretted it later.

 

Follow all the advice you have been given above but also, if there is a claim you should also say that if there was a contract, then it was an implied term of the contract that they would give you a reasonable opportunity to comply. By having all of the machines covered up, they haven't. It's beyond reason requiring you to to have to telephone and take up your valuable time messing around when they simply haven't got their act together.

 

At this rate, Excel and the rest will simply be putting up signs in car parks instructing you to telephone – without any of the expense of installing machines or cameras or parking wardens or any other of the tools of the bounty hunting business.

[topcat1802]

Did Excel provide a Freephone for you to call them on? or were you expected to use your mobile? What if you had no mobile phone not everyone has one! I bet the number was an 0870 number as well!

[armadillo71]

I've never heard of GPEOL to be honest! Excel Parking Services Ltd referred us to POPLA when they rejected the initial appeal, and I did a fair bit of research myself but I didn't come across GPEOL. What is it?

 

Did your fair bit of research involve the Internet?

 

If it did then I'm staggered that you found no information on how to win a POPLA appeal...

 

You will now receive letters from various debt collectors which can safely be ignored.

 

What you must NOT ignore is a Letter Before Action from Excell or any officially stamped court papers.

 

Excell/VCS have been litigious in the past.

[ericsbrother]

Easy to win this one if it does go to the wire, I hope that you have the photos still.

[ericsbrother]

It does make you wonder what POPLA thought you were going to do having found all of the machines covered over, phone Excel and give your credit card details to an unknown person for an unknown reason? Sorry, a covered over machine is not the same as a broken one as yopu point out-no fault to report.

You might now get a few begging/threatening letters from debt Recovery Plus or some such ne'er do wells. You can ignore them.