Excel vanishing Windscreen PCN NTK - parked in a restricted area - GALLAGHER retail park, Huddersfield, HD5 0AN

[lookinforinfo]

The fact that your PCN arrived late is irrelevant.

The criteria is that PCNs are deemed as having arrived two business days after posting.

Nevertheless as Nicky said the PCN still does not comply with the Protection of Freedoms Act 2012  Schedule 4.

Do we believe that the PCN was posted on the 27th or was it actually posted so that it would arrive on the day that was too late to be able to pay the reduced sum?

If you work on the presumption that most of the private parking companies are a combination of unscrupulous scrotes and village idiots you can make your own decision from there.. If you have kept the envelope it might give you some proof.

The PCN should specify the period of parking which it doesn't.

There are times on the photos but they are not part of the Notice.

In any event you weren't there long enough to as you left within the Consideration period of a minimum of five minutes.

On top of that there was a court case Jopson v  Homeguard defined what parking was, and unloading and delivering was not classed as parked.

Moreover as you were not the driver and the PCN is not compliant you as the keeper are no liable to pay the charge.

And they do not know the name or the address of the driver so they are pretty well stuffed.

Another fault with the PCN is in section 9 [2][f] where their PCN states  one thing and the Act says another -"

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;"

They miss out the words in parentheses which has been enough on its own to have a previous case dismissed.

I am also uneasy about the mention of further costs involving debt collection which are not mentioned anywhere in the Act.

Probably because in the Act the maximum that can be charged is the amount on the signage.

That alone should make the PCN non compliant on its own.

[lookinforinfo]

Their PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4. iit was not posted until 13 days after the event for one thing meaning it would be deemed to arrive on the 15th day instead of the 14th day. Now though we cannot expect that your PCN also missed the deadline there were still two other things wrong with the wording of the PCN that if your PCN has the same wording as your friends means that your PCN would not be compliant either.

Their PCN does not specify the period of parking as required n the Act. It does show the ANPR arrival and departure dates but as those times include driving from the entrance to finding a parking place then later driving from the parking place to the exit cannot be described as a parking period.

I suspect that the " Important Note" on your form will also not comply though I cannot be sure until we see your actual PCN.The reason I can't confirm that is because they sent out the PCN too late they have said that they are pursuing your friend on the assumption that they were the driver as well as the keeper-something that Courts do not accept.

But it does look as if your PCN is not compliant which means that the keeper cannot be held liable to pay the charge. Only the driver can be made to pay it. If you have not appealed and revealed who was driving, there is no way that  Excel know who was driving. 

So just to be sure please send them an SAR . On another topic do you have any proof that you did not stay there for so long just to really spoil Excel's day.

[lookinforinfo]

What do the Site team think about this-

Write a complaint to excel's Complaints dept, stating that you are the keeper of vehicle xxxxx but not the driver on the day.

You saw on one of the photos included with the PCN [give them the number of your PCN] that a notice was placed on my vehicle while my driver was unloading.

By the time my driver returned a few minutes after, the Notice had been withdrawn. The most likely person to have done that was the photographer as the time difference was too short for anyone else to have removed it.

I understand that if this was a Notice to Driver that the PCN you sent should not have arrived until at least 28 days later. Could you please explain why that Notice was removed and show me that document prior to me raising the issue with the ICO.

That way the scrotes know the situation -that they have been rumbled and should they continue with a non compliant PCN they have no chance in Court .

[lookinforinfo]

I couldn't agree more Maffster. I really hate when I read the sanctimonious bullshine from the likes of the BPA and the IPC when trying to justify the existence of their industry.

This is from the new IPC Code of practice

"This updated Code of Practice for members of the International Parking Community (the IPC), the parking trade body that drives up standards across our industry, will create a better parking experience for the law and rule-abiding majority of those who use our members’ car parks, whilst ensuring that those who flout the rules are encouraged to change their behaviour."

Do they really believe that they are driving up standards.across their Industry????? They are the depository for some of the biggest rogues . Birds of a feather spring to mind.

Hot off the Press. Apparently Excel has just switch ed from BPA to IPC. Above the headline there is a statement from BPA.

BPA says appeals service is independent and scrutinised.  

You would think that it would be something that was welcomed by an honest, transparent car park company........