Excel ANPR PCN - 58mins stay wrong reg? - no ticket - Three Spires Short Stay, Lichfield, WS13 6JF

[LovelyN]

From prior misinformation they know I’m the driver. 
I foolishly sent them a copy of my blue badge without blocking out my details so this in itself is an omission.

 

Going to try and seek help to change documents to a file that will allow me to post on the system 

 

With help ive now added all documentation in pdf fornat

 

can you please view.  

if I’m fighting a losing battle with excel even though I have my blue badge, planning permission and the fact it stil had signs up saying free parking for blue badge holders please let me know 

 

 

docs1.pdf

Edited November 17, 2021 by dx100uk
pdf added from a PM

[FTMDave]

All of us on this site have made mistakes in legal disputes.  The important thing is to learn from those mistakes and be empowered for the future.  If anything like this ever happens to you again never communicate with the private parking company.  It will get you nowhere and you're likely to throw away legal protections which is indeed what has happened.

 

At the start Excel knew who the keeper of the car was, but that's irrelevant, they needed to find out who was driving on the day.  There is a law, Schedule 4 of the Protection of Freedoms Act 2012, that allows them to pursue the keeper instead, but they didn't respect the provisions of that law (that is why we went on & on asking you about the dates).  Your friend's defence, useless as it was, goes to great pains to not say who the driver was.  So you were in the clear.  Until you told them who was driving.

 

Still, that's one line of defence cut off, but it's not the only one.

 

Another important thing.  Have they sent just you the one letter demanding payment?  You haven't received anything headed LETTER OF CLAIM or similar, right?

 

 

[dx100uk]

pdf file sent via PM now in op's last post

[FTMDave]

No - you're not fighting a losing battle.  One avenue has been closed off (probably, depends if Excel actually read what you wrote and saved it), but there are plenty more - planning permission, the free parking for BB sign, above all the fact you paid, etc.

 

Two things to do now.

 

One, get your hands on a copy of that sign.

 

Two, there are eleven VCS threads on the first two pages of the forum.  VCS operate from the same office as Excel and are run by the same Simple Simon.  Read some of these threads, even better all of them.  The reason you made a mistake is through lack of knowledge about the disgusting industry, the more you read the more you know about them and about how to fight back.

 

I see they haven't send you a Letter Before Claim so there's no imminent threat of legal action, it's all hot air at the moment.

[LovelyN]

Thank you for the advice stated above.  I will look at the threads suggested by you 
 

I’m not sure what a Letter Before Claim is?  The reason why I’ve not received anymore documentation is because CAB put me in the governments Breathing Space  scheme.  This put a stop on this company taking any further action.
Breathing Space will cease on the 23rd of November I believe after this date the demand letters will start arriving.  Or worse because your correct in staying I have no prior knowledge of the legal procedure for my situation I will end up with having to go to court or whatever it is.  
 

I’ve contacted ds_uk on CAG to see if he has a photographic evidence from google street maps as he brought this information to light.  
 

So far I’ve been unsuccessful in finding the signage. I’m not sure how long it stays available to view on google street maps. 
 

I’ve also contacted my local council and still had no response from them surrounding legalities regarding planning permission. 
 

One break wall after another! 

[honeybee13]

If you want to understand about a Letter Before Claim, click on the words in your post or mine and there will be another page with an explanation.

 

HB

[LovelyN]

Ty HB

 

It’s very insightful.  Unfortunately there’s so much information it’s quite difficult to understand 

 

LN 

[dx100uk]

you'll know it will be entitled letter of claim

and will have a response pack wanting in/out money details.

 

comeback if you ever get one as you must reply , but in the correct manner!!

 

dx

 

[lookinforinfo]

There is no need for you to worry  LovelyN.  What a bunch of crooks Excel really are. I have just found this website about Lichfield which states- on 25th May 2021

 

City car parks with disabled bays

If you are a disabled blue badge holder you can park for free in our disabled bays in our car parks. The following city car parks have disabled parking bays and directions/maps are available from www.lichfielddc.gov.uk/carparkmap:

Bird Street (WS13 6AE) 8 spaces

Bird Street car park also has an accessible toilet with a radar lock (open 9am - 6pm everyday) (Lichfield toilets)

Sandford Street (WS13 6TU) 2 spaces

The Friary (WS13 6QE) 21 spaces

The Friary car park also has a Changing Places toilet with a radar lock (open 8am - 5pm everyday - see below)

Birmingham Road, next to train station (WS13 6HP) 1 space

District Council House (WS13 6HP) 1 space WEEKENDS ONLY

Birmingham Road bus station (WS13 6HP) 2 spaces

Birmingham Road bus station car park also has an accessible toilet with a radar lock (open everyday 7am - 6pm) (Lichfield toilets)

Birmingham Road multi-storey (WS13 6HP) 10 spaces

The multi-storey also houses the shopmobility service - see below

Backcester Lane middle level (WS13 6JH) 8 spaces

Gresley Row (WS13 6JE) 3 spaces

Redcourt (WS13 6JW) 3 spaces

Lombard Street lower (WS13 6DW) 5 spaces

Lombard Street upper and outside (WS13 6DW) 4 spaces

 

To find the above you need to go to waybackmachine which is archive.org. Once there in their Search bo enter visitlichfield.co.uk/accessibility. A calendar will appear and if you then go to May25th 2021 and hover on it until a highlighted time appears Click on that time and the excerpt I posted above will appear. That confirms that one month later  your stupidly alleged offence never occurred.

 

So your problem is over.  Perhaps problems for Excel are just beginning................................ 

 

Edited November 18, 2021 by lookinforinfo

[LovelyN]

To lookingforinfo 

 

Thank you A great deal for highlighting this and helping me possibly locate this information.  Backcester lane is where I parked.  
 

Im not sure if it will help but I will take this to the table when and if I have to pursue this 

[lookinforinfo]

It will help as disabled drivers did not have to pay when you visited the car park

The fact that you also paid means they are dead in the water.

 

Please do not worry or concern yourself any more. 

However please do come back to us should they be stupid enough to send you a letter of claim.

 

In the meantime I will see what other options we have to stop them.

Edited November 18, 2021 by dx100uk
spacing

[dx100uk]

21 hours ago, lookinforinfo said:

Backcester Lane middle level (WS13 6JH) 8 spaces

did you park in the middle level and at one of the 8 disabled bays?

[LovelyN]

In response To lookinforinfo 

I paid cash no proof of purchase as it’s a ticketless system that’s how they’ve got me on that one 

 

In response To dx100uk

I did park in a disabled bay using my blue badge showing with time indicator on what they class as the middle level section. 

 

To lookinforinfo 

 

I found the website and followed your instructions but it doesn’t come up as you mentioned.  After entering visitlichfield.co.uk/accessibility (& date) however the next page gives a list of drop down options 

or advanced search (at the bottom) 

I tried for sometime entering different words etc but no joy on finding this page 

 

Wow after another hour and not giving up I found the archive up to 25/5/21 stating the free parking for disabled badge holders.  I’ve no idea if this will assist me. 
Next thing is trying to find out info regarding the planning permission 

Edited November 19, 2021 by LovelyN

[brassnecked]

It should assist you when and if the time comes, Simon will likely trip himself up with this one, so don't worry for the moment.

[lookinforinfo]

LovelyN  there is nothing for you to worry about.

First you have a copy of the parks where blue Badge holders can park for free on post 59 above. So if Excel are stupid enough to push matters further you can put them to strict proof that they were charging Blue Badge holders in April. That will be a clever trick if they can do it but if it is a question for the Court as to who they believe, the local Council or Excel a lying bunch of crooks the answer is pretty obvious.

 

Second you paid even though you didn't have to. The fact that their record keeping is rubbish is not your fault. I suppose you paid cash rather than using a debit or credit card.? Did you have to put in your registration number?

 

I know you said that you revealed who was driving  because you showed them your Blue Badge . That in itself would not be enough to reveal you were the driver as my wife is disabled and the registered keeper  but I am often the driver .

 

You have a lot of things going in your favour so just relax knowing that your ace and king of trumps beat whatever low cards they think they hold in their hands.

 

 

[brassnecked]

Other thing is if a BB the actual BB holder often isn't the driver, but can be the Keeper under Motability .

[dx100uk]

yep, my neighbours daughter is special needs and not mentally capable of ever driving but the BB is in her name.

car is not registered in her name, insurance is not in her name obv, but has 2 named drivers, her parents.

[LovelyN]

I just want to say no matter the outcome of this.  Thank you too each and everyone of you who have commented on my thread in offer of support.   It’s been a very difficult few months with one thing and other and with this adding to it 

[brassnecked]

You are welcome, the team will always do the best to help people fight the fleecer's

[ads_uk]

The website I referred to is a "history" of webpages where I found that 

 

LDC's very own "Visit Lichfield" website, still proceeded to show that Parking was still available at Backcester Lane on 25th May 2021 (Privacy page shows LDC as the data controller):

https://web.archive.org/web/20210525073728/https://www.visitlichfield.co.uk/accessibility

 

Based on this information the council's site was advertising the FREE for disabled incorrectly.

 

 

What you haven't told people here but to myself is that you've now contacted the Local MP who assisted myself in getting the ticket cancelled.

 

[lookinforinfo]

Well from our experience MPs aren't always that clued up on how to deal with parking companies and tend to rely on bluster because they are MPs rather than seeking cancelling a PCN on actual points of legality.

[LovelyN]

HNY to everyone

Ive now received a LBC from EXCEL parking.   Again the correspondence arrived over a week of the date on the letter.  Giving little time to reply within the stated time scale.  
 

The litigation & debt department tried to get me to submit my private finances however after calling CAB consumer advice line.  They told me not send Excel any of my financial details. 
 

I suppose I’m now waiting for a court date?  However I’m overwhelmed with the jargon.  Some suggested I use para 12 of the PoFA but I do not understand what it means or how it helps.  
 

At this point I’ve contact Excel under the Data Protection Act I’ve requested all the information the company as on me 

 

FYI there has now been a planning permission case filed against the landowner because they have no planning permission to put up ANPR camera or associated signage apparently this doesn’t help me whatsoever. 

Anyone please have any advice if I end up in court 

[dx100uk]

Why did you not come here first!!!

 

so now youve played your cards? What did you send?? When you should have replied with a snotty letter!!

 

Dx

[LovelyN]

HNY to everyone

Ive now received a LBC from EXCEL parking.   Again the correspondence arrived over a week of the date on the letter.  Giving little time to reply within the stated time scale.  
 

The litigation & debt department tried to get me to submit my private finances however after calling CAB consumer advice line.  They told me not send Excel any of my financial details. 
 

I suppose I’m now waiting for a court date?  However I’m overwhelmed with the jargon.  Some suggested I use para 12 of the PoFA but I do not understand what it means or how it helps.  
 

At this point I’ve contact Excel under the Data Protection Act I’ve requested all the information the company as on me 

 

FYI there has now been a planning permission case filed against the landowner because they have no planning permission to put up ANPR camera or associated signage apparently this doesn’t help me whatsoever. 

Anyone please have any advice if I end up in court 

[LovelyN]

I’ve disputed it saying why I shouldn’t pay!  
 

if you know of anything else I can say then please let me know so I can forward further information.  
 

I have also asked for every piece of personal data they hold of me under the Data Protection Act (I can’t remember the technical word that I used) but got advice on this