Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: mickcam on September 02, 2024, 04:54:49 pm
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Do your friends feel the PCNs have been issued unfairly? Simply paying up because of the "mugs discount" is not a good reason and only serves to encourage the operator to continue fleecing Iceland customers.
If they are up for a fight then it is worthwhile, a valuable life lesson and if they are pensioners like I am, have more than enough time on their hands to do so properly. Excel are not any sort of "authority" that can issue "fines" or "penalties" and no "offence" has been committed.
Would you advise your friends to pay a speculative invoice from an unregulated private parking company simply because they can get a "discount" if they pay it early? These cowboy parking companies, completely unregulated, rely on the low-hanging fruit on the gullible tree to fund them out of ignorance and fear. Do you really want your pensioner friends to be a part of this scam industry by helping to fund it?
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Thanks to both of you for advice. We had thought that the incorrect location might be fatal to the charge notice, obviously its not going to be. As the option to pay £60 remains open up until Friday i have advised to get that paid before it goes up and escalates. One of them is going into Iceland today to see if they can help. I said if you do not get written confirmation of cancellation of the notice then get it paid.
Sometimes you got to pick your battles carefully, thanks again.
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In addition to the above, as you are advising others, it's important they realise that this will not be a quick fix.
As b789 correctly notes, Excel will not accept the appeals, and neither will the IAS (I doubt). It will then be a case of them both waiting to see if Excel decide to take the matter to court, where they would have the opportunity to defend their case.
If they haven't already, then again as b789 mentions, speaking to Iceland is a good idea, particularly if they can provide receipts demonstrating custom.
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There is a weak argument that the address given on the NtK does not adequately identify the relevant land. However, a simple Google maps search for “County Road Iceland, Liverpool” comes up with the location on Walton Road. They have even got the correct post code for the location.
There is no prospect of that argument ever winning. For now, the keepers should simply submit an appeal as shown below. Excel will reject the appeals but they could then try their luck with the IAS.
Have your pensioner friends tried complaining to Iceland about the PCNs? Try emailing the CEO of Iceland and tell them they are about to lose more customers because of a third party, unregulated private parking company issued £100 invoices to their patrons.
Appeal as keeper, NOT driver, with the following for now:
I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.
As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. Excel has relied on contract law allegations of breach against the driver only.
The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. So you are urged to save us both a complete waste of time and cancel the PCN.
Whilst it will be rejected, it does put them on notice that they are not dealing with low-hanging fruit on the gullible tree.
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Appeal accepted 9th August :
https://imgur.com/a/eYFSxql
This is the response to the appeal :
https://imgur.com/a/OhtuTvN
(https://imgur.com/a/eYFSxql)
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Yes i can get some photos tomorrow.
But that is word for word what i put in the appeal.
There is no Iceland store or car park on County Road as the PCN says. In their reply to appeal they say they should point out that the store is located at 162/200 Walton Road. But that should of been pointed out in the original PCN ?
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In their response to the appeal they give option you will see to lodge a "full appeal", well thats what we did ?
So, in answer to my question earlier... what exactly was said, word for word, in the "full appeal"?
Can you go get some up to date photos of the entrance to the carpark and the signs in it. The GSV ones are from 2022 and probably not what is there now.
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Hi, yes i'm advising both at same time. No drivers identities where revealed. Using the notice number and registration for each we logged on and you get an option to pay charge, name driver or appeal. I chose appeal, and said exactly.............." There is no Iceland store on County road so no contravention could of occured there. " The appeal was accepted and responded to as above. Done the same for both, both recieved same response.
In their response to the appeal they give option you will see to lodge a "full appeal", well thats what we did ?
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What exactly did you put (verbatim) in the appeals. Were the appeals made in the names of the keeper or were the drivers identities revealed?
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You mention 2 charges in play, seemingly for 2 different people. Are you advising both, or just one?
If the former, separate threads might be wise, to avoid confusion, as it's already not entirely clear whether you have submitted 2 identical appeals (one for each), or 1 that you intended to cover both charges, or whether you have received 2 appeal responses.
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Thanks a lot:
https://imgur.com/a/3BxIS9a
https://imgur.com/a/lEjL7Dw
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Show us the NtK received, front and back, suitably redacted but showing all dates and times. If you're unsure how to post pictures of this, please have a read of this thread:
READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/)
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Hi, i'm after some advice please. I'm trying to assist a friend of mine who is a pensioner. He, along with his friend have both recieved identical Parking Charge Notice NTK's from Excel Parking. From looking on the internet as far as i call tell they are a standard format that they send out.
Here is the relevant information:
Issue Date : 31/7/2024
Contravention Date : 23/7/2024
Site Name and Location : Private Land
Iceland County Road , Liverpool , L4 4AZ .
Contravention Reason : 80) Parked for longer than the maximum period permitted.
£100 charge reduced to £60 if paid within 14 days of the notice.
Using their myparkingcharge website i lodged appeal for both, identical, short and sweet on 9/8/2024.
"There is no Iceland store or car park on County Road so no contravention could of occured there"
Recieved reply called "appeal reply" dated 23/8/2024 .
We refer to correspondence received from you concerning the above numbered Charge Notice.
We must mention that the Iceland County Road is the name of the store which is located on 162/200 Walton Road,
Liverpool.
The following options are now available to you at the portal www.myparkingcharge.co.uk; you will need the serial
number of the Notice issued and the registration number of your vehicle to log in to the portal:
1. If you were not the driver on the date in question and wish to transfer liability for the Notice to another person, you
may change the liable party details by visiting the above portal address and selecting the “Enter Liable Party Details”
button on or before the 06/09/2024.
2. Submit a full appeal to us by visiting the above portal address and selecting the “Appeal the PCN” button. Please
remember to include all information relevant to your appeal including any relevant documentation and photographs
on or before the 06/09/2024.
3. Pay the Charge. Payments can be made online by visiting the above portal address and following the links for
"Pay Now", or over the phone by calling 0845 226 9138 and using a valid Credit or Debit Card to make payment. It is
your responsibility to ensure that payment is received within our office by the date specified.
As a gesture of goodwill we are willing to re-offer you the original discounted charge of £60 as full and final
settlement of this Notice, if payment is received within our office on or before the 06/09/2024.
If payment is not received by this date, the amount payable will revert to £100, payable by 20/09/2024. Failure to pay
this charge within the stated times, may result in Debt Recovery action been taken and further costs up to an
additional £70.00 been incurred.
Do we go through the appeal again or write to them, just confused exactly as to our next move ?
The correct address for the Iceland store should be as they have now pointed out Walton Road, it about 1/3 of a mile away from County Road.
Any advice gratefully recieved.