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Excel Parking operator pictures PCN Disabled Parking at Peel Centre Stockport

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Hello All,

 

In March by mistake I parked in the Disabled Bay at Peel Centre and I received the second PCN for the payment.

 

It was an honest mistake,

It was the last Bay, 

the disabled bay markings on the ground were obscured from view and were not seen when I took left turn to park.

Please see the attached Photo.

 

the markings on the bay I used were different and not visible on approaching and entering the space.

 

I clearly had no intention of not abiding by the parking regulations in use at the car park. 

 

I have attached the second PCN.

 

Please advise how I can reply or the next action.

 

Thank you

 

 

 

 

 

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please upload your images as ONE multipage PDF only please

include both sides of any letters you have received too.

read upload.

 

here are some threads to read to get you upto speed on how to deal

 

https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=peel centre&oq=peel centre&gs_l=partner-generic.3...7586.11364.0.12498.11.11.0.0.0.0.88.859.11.11.0.gsnos%2Cn%3D13...0.3779j1811259j11...1.34.partner-generic..11.0.0.BSLQHyf8gHA

 

can you please also complete this:

 

 


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Hello,

 

I have uploaded single PDF containing the PCN and the photo.

 

1 Date of the infringement: 23/03/2019

 

2 Date on the NTK : 29/03/2019

 

3 Date received: 03/04/2019

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? N

 

5 Is there any photographic evidence of the event? Yes

 

6 Have you appealed? No

 

7 Who is the parking company? Excel Parking

 

8. Where exactly: Peel Centre, Stockport

 

PCN.pdf

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was this a windscreen ticket or an anpr capture?

or neither, operator on the ground photo's?

 

 


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This was ANPR capture photo. 

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where are you getting ANPR from?

wheres the NTK?

 

how can an anpr camera that simply takes reg numbers be able to see you parked in a disabled bay??

 

something smells here

or you are getting you wires crossed

 

 


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we need to see the original NTK, not this  piece of toilet paper

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Its not anpr

its operator pixs

and that makes the ntk invalid

and the whole thing

 

so sit on your hands

Until/unless you get a letter of claim from one of the fake/tame paperwork only solicitors

 

dx

 


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Now something that is often commented upon is does the marking of a bay like this actually mean anything?

 

There is no law regarding the marking of parking bays on private land so things like the size of bays, yellow lines to prevent parking etc are all arbitrary and have been completely ignored by judges when considering parking contracts.

 

Now a double yellow line may well have an obvious intention but the parking co fails to show a contractual obligation when they go after motorists because prohibition is not a contract.

 

If you use the markings as a notice of intent then this spot fails because disabled parking  had to have individual blue and white plates on the bay with the wording disabled parking, not just a paint job on the floor. the lack of the plate tells me that the landowner has abandoned the exclusive allocation of this space.

 

The signage at the entrance may well have a little symbol on it showing a blue and white plate and then the rubric saying disabled badge holders only and again this is misleading

 

the BB scheme doesnt apply to private land in England and their little symbol on the sign indicates the use of the plates on the bays or why would they have it on the contract signs?

 

you could answer this by saying they are lazy or incompetent but as their signs are individually approved by a firm of lawyers before they are utilised it cannot be said that this is a mistake.

 

As for the pictures needing to be ANPR, that is not true

 

, The IPC have twigged that the wording of the POFA is vague on this matter so encouraged their members to abuse the process, mainly as a money saving exercise I suspect as it must be inconvenient to wait a month for the cash to come rolling in and also have to pay for the ticket machine, paper etc.

 

they quote code 40 for the breach of contract, well does the sign have more than 40 clauses? If not they could have negated the demand by pretending that it is a proper penalty charge by using the contravention codes used by local govt.

 

That is also a court case loser for them, passing themselves off as something they are not. your argument is there is no such clause 40 on the contract sign and no reference elsewhere to this number

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they cant even tell lies honestly, the BEAVIS decision doesnt apply for this circumstance as the argument will be about a contractual obligation but also their quote is NOT what was said but  a paraphrase that has reversed the meaning of what was actually said at the time.

ALSO ASK YOURSELF WHY THEY ARE NOW CLAIMING £160?

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BTW, it isnt a disabled bay as the signage is wrong.

the paint job on the floor isnt the deciding factor so their pictures  dont show any breach of that condition.

 

also why havent they produced a picture of the front of your car,

the POFA says that they must provide their evidence in the NTK so if they have piccies they want to use later they are breaking the law by holding back at this stage.

 

POFA is your friend but you will have to push all of its points with clarity to get the judge to accept that so read up on other cases,

 

Private Parking Appeals has some recent ones where keeper liability was the main reason for defeating a claim.

Use the time before the next letter to learn and take copies of everything useful

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I have received a Debit Collection Letter from DRP asking to pay £160. 

I have attached the letter

 

I will wait for your feedback

 

Thanks

DRP_Letter.jpg

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It's part of the threatogram letter trail, ignore it. There will probably be others that become increasingly desperate, but come back here and we'll advise. :)

 

HB


Illegitimi non carborundum

 

 

 

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as already advised in post 9


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