Excel ANPR PCN - Feethams Darlington

[fuzzgun19]

Hello all, I've received a PCN through the post from Excel Parking, here's a brief explanation.

 

My car parked in an area it had not parked in before and was not familiar with any of the parking. This was simply to pick up a takeaway.

My car was advised by the takeaway that there was parking behind that is free after 6pm. So my car went after 6pm, only saw one car park behind and parked there for just over 20 mins.

 

I (the keeper) have received a PCN from Excel Parking. Once this was received I had a look online and it seems they have been rather sneaky in this area. It looks like there's another car park behind the one I parked in that is not very noticable, and according to their website this is the one free after 6pm.

 

So, my car being a newbie here and not knowing the area assumed the car park immediately behind the takeaway was the one free after 6.

 

I bet this has caught a lot of people out.

 

I appealed online, but have had a letter of rejection. They state in the letter about the signs at the car park being clear, and say they issued the charge correctly.

 

Is it worth pursuing? as it was a case of mistaken car park and the car parked in the wrong one.. would my car have a leg to stand on?

 

Also notice the letter says if I appeal again through IAS the reduced charge offered will no longer apply.

Should I pay the £60 (reduced) now, or appeal.. is there ANY chance I would get a successful appeal?

 

Has anyone ever won against Excel parking?

[honeybee13]

Hi.

 

 

Could you provide us with the information requested in the forum sticky please? It will help us to advise you.

 

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(1-Viewing)-nbsp

 

 

 

We have other threads about Excel, i f you do a search of CAG you'll see how other people got on. I'm pretty sure we have wins here.

 

 

HB

[DragonFly1967]

There's a 0.1% chance of a successful appeal with the IAS, read up on other Excel threads and you'll see why.

 

However, that doesn't mean that a) you owe them any money and b) they'll be getting a single penny out of you.

 

 

As well as the forum sticky in post #2. Can you also scan (or take a picture of) anything that you've received from Excel (redact anything that can identify you, ticket numbers, bar & QR codes) and the exact wording of the appeal that was rejected by Excel.

[fuzzgun19]

Thanks for the responses. If there's a 0.1% chance of a successful appeal with the IAS.. surely i'm wasting my time?

 

 

 

 

 

For PCN's received through the post [ANPR camera capture]

 

please answer the following questions.

 

1 Date of the infringement 09/07/18

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 17/07/18

3 Date received 20/07/18

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] No, but appeal rejection letter does.

 

5 Is there any photographic evidence of the event? Yes

 

6 Have you appealed? {y/n?] Yes - I appeal and dispute your 'parking charge', as the keeper of the vehicle. I deny any liability.

There will be no admissions as to who was driving and no assumptions can be drawn, nor was there an agreed contract. Your signage terms fail the test of 'large lettering' and prominence of the parking charge, as established in ParkingEye Ltd v Beavis, which is fully distinguished.

Should you fail to cancel this PCN, I require with your rejection letter, all images taken of this vehicle & the signs at the location that day. Do not withhold any images or data later relied on for POPLA/court.

Firms of your ilk were unanimously condemned in 2018 as operating an 'outrageous [problem]' (Hansard 2.2.18). The BPA & IPC were heavily criticised too; hardly surprising for an industry where so-called AOS members admit to letting victims 'futilely go through the motions' of appeal and say on camera 'we make it up sometimes' (BBC Watchdog).

I will be making a formal complaint about your predatory conduct to your client landowner, as well as complaining in writing to my MP and ensuring that they are appraised of the debate where Parliament agreed unanimously: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists...should not have to put up with this''.

Formal note:

Service of any rejection letter/POPLA code and/or legal documents by email is expressly disallowed. All responses to me from this point on, must be made by post. Regardless of any MCOL online/email system, service of any court claim must only be made by first class post to the latest address provided by me.

 

 

 

Have you had a response? [Y/N?] Y. See below.

 

7 Who is the parking company? Excel Parking.

 

8. Where exactly [carpark name and town] Feethams Darlington

[dx100uk]

can you pop you letter up as one multipage PDF please

read upload

[DragonFly1967]

Thanks for the responses. If there's a 0.1% chance of a successful appeal with the IAS.. surely i'm wasting my time?

 

Well, yes and no.

 

It can be important to 'go through the motions'. Excel (with the aid of their pet solicitors) are serial litigators, even though 99% of the time they don't stand a cat in hells chance of actually winning a defended claim, and certainly not one that's well defended.

 

As for

Has anyone ever won against Excel parking?

Lots more than Excel will ever admit to They'll claim that they have a miraculous success rate. But 99.9% of those successes will be default judgements.

 

Just have a search of this forum and the Parking Pranksters blog

 

 

It'll be important for us to see exactly what you've received so that we can pick holes in it. Excel don't tend to use the correct wording on their NtK's that would make a keeper liable in any event. Regardless of what they might've put in their silly rejection letter.

[fuzzgun19]

Thank you.

Here is all i've received from them so far.

Excel PCN.pdf

Edited August 7, 2018 by dx100uk
quote

[ericsbrother]

you have hidden the contravention time.

 

This is important as they are supposed to allow at least 10 minutes grace period for you to find a space, get change, read the signs etc. Hiding this means we cant say whether they have abided by this requiremant.

 

Also we will need to see their supposedly well indicated sigange and where it is relative to where your car was parked. A picture of the entrance to the car park from the public highway is also necessary as if there is no sign how are you supposed to decide whether to enter or not.

Edited August 11, 2018 by honeybee13
Paras

[fuzzgun19]

I have not hidden the duration of stay time (23 mins), which is over the 10 mins 'grace' they allow.

 

There didn't seem much point uploading a pic of the signage, because my car got the wrong car park, and the signage does not state 'free after 6pm' (just took takeaway's word for it) and signs are clearly placed at the entrance.

 

I have until the 17th Aug to pay this at the reduced rate, which I'm seriously considering doing just to get rid of it. Going by advice on MSE and here, I feel if I was able to go any further with appealing I would have a very slim/zero chance of success, and also ruin the chance of the reduced rate or even incurr extra 'fees'.

 

I fear I will just have to pay and keep paperwork in the hope one day people can claim these back.

[dx100uk]

No!!

[ericsbrother]

you clealry havent read a bundle of other thread and so seem to have the mindset that it is all inevitable that you pay up. Well, that is up to you but we know that the parking co dont have much of a chance of collecting any money of people dont volunteer to pay them without knowing why.

 

 

the aprking co's rely on ignorance to earn a crust, 85% pay up without challenging the deamnd, 1% go to popla and 14% dont pay with a small percentage of them coming to advice site like this and then taking on th eparking co. who has the better deal out of all of this? If 50% of all tickets were challenged at POPLA the parking co's would go bust and if those that didnt win their appeal decided to not pay up and trust the courts then the parking co's would lose 98% of their income from so called fines. They only do it bacause they knwo they canget away with dishonesty on a massive scale.

 

Now get the pictures and we will advise you an whether you have a good cahnce of beating off their demands. In percentage terms it is all on your side. we dont suggest appealing in most cases anyways other than to create a paper trail as the parking co's dont allow appeals regardless of their merits or they would be out of business.

Edited August 16, 2018 by honeybee13
Paras