Excel ANPR PCN claimform - George St, Wakefield

[Archangel9]

Hi,

 

I need to know what I can remove from the form before I post it, obviously the reg of the car?

 

I need to know what to do with this thing and whether I can ignore it or not.

 

Thanks.

 

[dx100uk]

wHere does it say its a fine please?

 

complete this

 

 

[ericsbrother]

tell us the whole story, where, when, what yu are accused of doing wrong, what correspondence you ahve received and what you have done in response if anything.

We recommend that you do nothing until you have taken advice based on the answers to these questions

[Archangel9]

I went and waited fora  friend in a car park in wakefield, was there for about half an hour before he showed up, we then left and went somewhere else. I forgot to get a ticket.

[Archangel9]

> For PCN's received through the post [ANPR camera capture]
>
> please answer the following questions.

>
> 1 Date of the infringement 21/07/2019

> 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 01/08/2019

> 3 Date received 07/08/2019

> 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Cannot see it.

> 5 Is there any photographic evidence of the event? Y

> 6 Have you appealed? [Y/N?] post up your appeal] N

> Have you had a response? [Y/N?] post it up N

> 7 Who is the parking company? Excel

> 8. Where exactly [carpark name and town] George St, Wakefield

 

>For either option, does it say which appeals body they operate under. IAS

 

 

pcn.pdf

[Archangel9]

On 11/08/2019 at 17:40, dx100uk said:

then why did you say fine?

 

Because when people try to extort money out of me, it's essentially a fine of sorts.

[brassnecked]

Except it isn't a Private company cannot issue a Fine, only a magistrates or Crown Court can do that or the Police. A council ticket is a Penalty Charge notice, and one like you had is a "Parking Charge Notice" big difference as the last one is chased through County Court, and often is not compliant with the rules.

 

The Media doesn't help in calling what are essentially Invoices and grounded in Contract Law i.e. Civil Fines, whilst a Fine is Criminal.

[Gick]

The Police cannot fine, only issue Fixed Penalty Notices.

[brassnecked]

Sorry Gick you are correct, the magistrates issue the fine.

[ericsbrother]

I note that they do not mention the discounted amount or the discount period. It would be worth getting some pictures of the signage there so we can see if either are mentioned as it is a legal requirement ( not to offer a discount but to state whether there is one  or not)

 

[Archangel9]

It does state on the paper there is a discount before 15th stating "a reduced rate of £60 will be accepted as full and final payment" on the first page.

[ericsbrother]

yes, spotted after rereading twice. Clearly they hope that it isnt noticed.

[Archangel9]

So, what do I do?

[Mrs O'Frog]

Ignore them and any debt collector letters they get sent. Watch out for a letter before action / claim - that's when you respond. Come back here then and let us know, but in the meantime, as many photos as you can get to fill your ammo box. Get photos of the entrance from the street, close-ups of any signs, layout plans including where your car was parked, close-ups of the ticket machine. Get them now because they may change at any time without warning if they get pulled up over them by somebody else first.

 

They have created no keeper liability which means they can only chase the driver for payment. As long as nobody is daft enough to give away who the driver was  (esp in an unguarded comment in a futile appeal!) they have nobody to chase. Their claim that they will assume you were driving has no basis in law. You have no obligation to name the driver and you will not be doing so. Stay silent until you get the LBA

 

P.S. They like to illegally share information with their other company VCS. Write to DVLA (see link on main page) to find out who accessed your data. Also check the small print on the signs Excel or VCS? Get this wrong and you will be making a claim against them!

Edited August 15, 2019 by Mrs O'Frog
PS

[Archangel9]

Thing is, the main meter was covered up / out of order when I was there, but I doubt it is now.

[Mrs O'Frog]

Fine, then go and get those photos so we can see anything on any signs about "what to do if the machine is out of order" as well. There could be many, many reasons why they will fail on this, so do the legwork and get all your ducks in a row now, ready for the shootout.later. No good just having one point and relying on that, get them all clear in your mind and evidenced now. Then keep it all safe for 6 years.

 

Just a thought - if the meter was out of order and they were still issuing PCNs, there must have been a lot of people receiving one at the same time. Have you searched for others? Maybe even on a facebook rant? You can all provide each other with witness statements confirming the meter was covered.

[ericsbrother]

the signs will have to have instructions about payment if meter u/s.

If the meter says take other action if it doesnt work how are you supposed to know that when meter covered up?

 

All bad news for the stupid parking cowboys 

but as they are owned by Simple-Simon Renshaw-Smith and are members of the IPC then there is no point appealing as they wont entertain it.

 

By all means see if you can get a hit on FB or whatever, it will be helful later if they do persist but not essential

[Archangel9]

There are actually 2 meters, I didn't notice the other one until I left.

[Archangel9]

I've received a final demand for £160 before court action.

[Homer67]

Scan up a redacted verison, check if it is a letter before action or another begging letter from a powerless Debt Collector?

[Archangel9]

It's pretty much the same as the above, with the same photos, just with more red and "£160!!"

[Homer67]

Just make sure it isn't a letter before action and if not, file it with the rest.

 

Ignore everything except a letter before action notice.

[Archangel9]

Hi, I have received the court claim today. I will upload the photos I managed to get, but I couldn't get them sooner they'd changed out the machines and I'm certain there was something blocking the other machine at the time I was there, there is nothing blocking it now and the sign can be seen from where I was. I will post the images and the claim as soon as I get them all sorted.

 

Here's the claim form, I think I've edited it enough. I think it's extortionate what they're asking for.

 

Here are the photos:

 

1) This is the machine which was covered up.

2) This is where I was sitting waiting for someone, the green arrow is the other machine which is hard to see / notice.

3) This is the first meter, I could see it was covered there.

4) This is the second meter on the way in, but who ever looks to the right? Only if the left side is full, right?

5) Second again, close up.

 

I've colour coded the meters with arrows.

 

park.pdf

[honeybee13]

HI.

 

Could you give us the information requested in the forum sticky please?

 

 

HB

[Archangel9]

** What's this "count?"

 

YOU MUST NOT MISS FILING YOUR DEFENCE BY DAY 33 From the date top right of the claimform. [that date being ONE in the count]

 

 

In order for us to help you we require the following information:-

 

Name of the Claimant ? Excel Parking Services Ltd, 2 Europa Court, Sheffield Business Park, Sheffield. S9 1XE

claimants Solicitors: Unknown

 

Date of issue – 09/12/2019

 

AOS = 28/12/2019

defence filing  = 10/01/2020

 

What is the claim for – 

 

1.The Claim is for a breach of contract for breaching the terms and conditions set on private land.

 

2.The defendant's vehicle, *******, was identified in the George Street Pay and Display Car Park on the 21/07/2019 in breach of the advertised terms and conditions, namely parked without payment of the parking tariff for the vehicle registration mark of the vehicle on side.

 

3.At all material times the Defendant was the registered keeper and/or driver.

 

4.The terms and conditions upon entering private land were clearly displayed at the entrance and in prominent locations. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct.

 

5.The signs specifically detail the terms and conditions and the consequences of failure to comply, namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability.

 

6.The Claimant seeks the recovery of the parking charge notice, contractual costs and interest.

 

What is the value of the claim? 180.00

 

Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ?By the parking company

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?N/A