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Excel Parking - Three Spires Short Stay, Lichfield, WS13 6JF


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Hi All,

On behalf of my parents:
 

1 Date of the infringement: 12/04/2021
 

2 Date on the NTK: 11/06/2021
 

3 Date received: 17/06/2021
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? NO
 

5 Is there any photographic evidence of the event? YES – But time/date stamps not readable
 

6 Have you appealed? No
 

Have you had a response? No
 

7 Who is the parking company? Excel Parking Services Ltd

 

8. Where exactly:  Site/Name on PCN/NTK = Three Spires Shopping Centre Short Stay Car Parks, Lichfield, WS13 6JF

Actual site name (wrote next to machine) =  Short Stay Car Park, Backcester Lane

 

Appeals body they operate under:  IAS

Mother is a Blue Badge holder (father is driver) with Mobility Vehicle in her name. Not a  company secretary as indicated on the PCN/NTK. 
Car Park site was operated/ran by Lichfield Council for the past 20yrs+, up until the Shopping Centre has taken it back on as of 1st March - spoke to Shopping Centre Manager who confirmed that Excel did not change the signage until 23rd March.
For the last 20yrs+, the parking has always been Free parking for disabled badge holders (also confirmed on Google Street View - dated Sep 2020).

This was their first time out of the house since March 2020, mother is classed as vulnerable, she would of been able to go out in July 2020, but fell and broke her hip - hospital stays meant further Isolation periods upto announcement that everyone was back inside..

Parents did not pay the £1.00 and have received notice for £100.

As you can see from date of incident to date of issue has been 60days.
Excel state they have 60 days to obtain the information from DVLA as per the International Parking Community (IPC)

There is also no notification on the Local Authority (Lichfield District Council) or any other site that states Blue Badge holders will have to pay following the transfer to Excel.

Please note my parents are not tech savvy, do not use the internet or have smart phone (an old flip phone works for them)

Additional note: 
I have today gone to the site to check the signage - whilst I was there 5 people had issues paying (not accepting money):
One man rang the helpline was instructed to use the payment machine on the other level - which is closed off to the public, informed the representative who then stated to pay by to be informed to either pay by App or Online - he stated he did not have card, they hung up.


A woman tried to pay online and via the App which refused the site code and name - same person stated it has been the same since they took over the site, when she's complained she has always been told to buy a Monthly Permit.

 

 

 

PCN (NTK) - 17.06.2021_compressed.pdf

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this appears to be an ANPR capture

so as they didn't find a windscreen ticket on their car when they returned to it...PE are out of time for sending the NTK (they had 14 days)....as per the sticky you did and read

 

...ignore everyone until/unless they get a letter of claim

 

dx

 

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Posted (edited)

So I understand and can advise my parents.
As to what reason are they out of time.
Is it due to the fact that they have failed to mention "schedule 4 of The Protections of Freedoms Act 2012" and therefore forgo their rights to any such claim?


Edited: found this - 
If PoFA isn’t used (either by choice of the parking company, or because they haven’t achieved the requirements), then the keeper could be held liable if the parking company can demonstrate on the balance of probabilities that they were the driver at the time.
This could be achieved, for example, if the driver intentionally or unintentionally reveals they were, or if the parking company has photographic evidence.

They would have a job as the keeper doesnt have a drivers license as it's a mobility vehicle :)

Edited by ads_uk
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As dx said, Simon had 14 days to send his tripe out, but didn't.

 

What utter filth Excel are, pursuing Blue Badge holders.

 

Did you take photos of the signage?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Parents didn't take photos back in April - they have a crappy flip phone with no camera or access to internet.

 

I went down today and their is signage that Blue Badge now have to pay. (I have a photo of that)

 

Previously they didn't, as it was run by the local authority for 20+years

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Posted (edited)

Next time you're in the area get photos of everything - the entrance, the ticket machine, etc.  Simon has previous of mixing up Excel and VCS signage or hiding away his conditions in tiny print.  Photos will help us see if he's messed up. 

 

EDIT: also look up if Simon has planning permission for his signs.

Edited by FTMDave
Extra info added

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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1 hour ago, ads_uk said:

This could be achieved, for example, if the driver intentionally or unintentionally reveals they were, or if the parking company has photographic evidence.

 

where has the above tripe come from?

 

that is legally VERY wrong as NO PPC is allowed to use or nor should or take such evidence as too who was the driver on the day. 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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very very wrong. legally under gdpr no ppc can do that. just told them so too. 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Send the LA an email, or give them a call, and ask them if this site has any planning permission for signage/ANPR cameras, usually the quickest way.

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Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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So the £100 charge is hidden away in tiny writing at the bottom of the sign.

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Will do Bazooka.

 

Yeah small. Parents would never of seen that bit.

Only just noticed myself it's £100 "per day".

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As the PCN is out of time [should have been at your parents within 14 days] the charge cannot be transferred from the driver to the keeper despite what the PCN says. So do not divulge the name of the driver to them and there is nothing  Excel can do though they may bluster and threaten to take your Mother to Court. 

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1st response from Local Authority Planning assistant

Quote

Good morning

 

I have discussed the above with colleagues. If the cameras are attached to an existing building or structure they would most likely be permitted development. However if they are on bespoke poles they would require planning permission. An adverts application would also be required.

 

I have searched and cannot locate a planning application.

 

I would suggest that you contact our Planning Enforcement Team at; [email protected] with full details and they will be able to investigate for you.

 

Email has gone off to the above.

 

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Reply regarding the carpark:

 

Quote

From my research, the only planning applications that I can find in relation to car parks in Gresley Row and Backcester Lane, Lichfield, are L7923 and L8700023.  These are both old applications and all details are only available on microfiche.  None can be found that specifically relate to ANPR cameras and associated signage.

 

Both the car parks in this location are owned by Lichfield District Council.  A local authority has permitted development rights under Part 12, Class A of the Town & Country Planning (General Permitted Development) (England) Order 2015 to carry out certain works in order to exercise their various functions.  This may include the installation of ANPR cameras and a local authority may also erect advertisements in relation to their functions

So in confused.

LDC used to run the car park (free parking for blue badge) but then Three Spires Shopping took it on & employed Excel to run it.

 

So is the landowner LDC or Three Spires.

Plus it now shows there is no planning submitted by Excel

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excel can't inherit PP if LDC are not the land owner.

go look on landregistry site .gov.uk one only!!

 

but use your brains here

the NTK is out of time anyway

 

 

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

Afternoon hope your enjoying the sunshine.

Our postie is getting later and later, just had a final reminder put through the door.

 

Reconfirms Notice to keeper was sent 11/06/2021 2mths after alleged contravention.

 

Carry on ignoring or anything else I should be doing?

Parking Charge Notice - Final Reminder 12.07.21.pdf

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Begging letter.  Yes, carry on safely ignoring.

 

Come back here if Simon sends a Letter Before Action/Letter Before Claim.

  • Thanks 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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  • 3 weeks later...

Received yesterday (31/07/21)

Dan's for payment (attached) now requesting £160.

Extra £60 now for Debt Collection costs to be paid by 11/08/21

 

They now reference "ParkingEye v Beavis".

 

Still ignore or anything else required (my mother is getting quite upset and concerned about it + but keep telling her it's ok)

Demand for payment (frt)- 28.07.21-merged_compressed.pdf

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On 16/07/2021 at 16:32, FTMDave said:

Begging letter.  Yes, carry on safely ignoring.

 

Come back here if Simon sends a Letter Before Action/Letter Before Claim.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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