Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: purple_elk on October 20, 2024, 10:31:01 am

Title: Re: Excel Parking Services Notice to Keeper, Pennine Shopping Centre Car Park, Halifax, 'Failure to Purchase Parking Tic
Post by: b789 on October 20, 2024, 02:56:13 pm
So, the NtK appears to be PoFA compliant. However, in their subsequent letter in response to whatever you put in your appeal (you still haven't told us exactly what you put in that appeal), they have provided 3 options.

You have complied with option 1. However, the letter from Excel does not supersede the original PCN. Under PoFA, the process still hinges on whether Excel has complied with the relevant sections of PoFA, especially those concerning keeper liability. Here's how the situation stands:

1. Liability of the Driver: The driver is always liable for the PCN. This has not changed, and Excel's letter does not affect this basic principle.

2. Keeper Liability under PoFA: As Excel has complied with the strict requirements of PoFA (e.g., issuing the NtK within the required timeline, using the correct wording, etc.), then they can hold  you, the keeper, liable if the driver's details are not provided. However, PoFA does not require you to ensure the driver gets in touch with Excel. Your obligation is simply to provide the driver’s details if they want to remove your own liability as the keeper.

• The Keeper’s Compliance: By complying with Option 1 in the letter (informing the driver), you have done what Excel asked. Importantly, this action does not automatically remove your liability as the keeper under PoFA. If the driver does not get in touch or if you do not provide the driver's details to Excel, Excel can still pursue the you as the keeper under PoFA, because the NtK is compliant.

3. Does the Letter Supersede the PCN?: The letter does not supersede the original PCN. It's essentially a response to the appeal, offering options for further steps. If you do not get in touch and provide the driver’s details, Excel will still attempt to hold you liable as the keeper under PoFA. The letter itself does not remove your liability unless the driver’s details are provided.

Conclusion:

Your liability under PoFA remains intact unless the driver’s details are provided to Excel. Complying with Option 1 (informing the driver) does not remove your liability, but it does fulfil the conditions Excel requested. If the driver decides not to get in touch with Excel and you do not provide the driver's details, Excel will still pursue you under PoFA. The letter does not eliminate your liability under the law.
Title: Re: Excel Parking Services Notice to Keeper, Pennine Shopping Centre Car Park, Halifax, 'Failure to Purchase Parking Tic
Post by: DWMB2 on October 20, 2024, 02:26:41 pm
Quote
'Insert an image' tool does not appear to work
It doesn't if you simply copy the Imgur page link into the image tags. If you use the 'BBCode' links from Imgur it does, I've fixed them for you.
Title: Re: Excel Parking Services Notice to Keeper, Pennine Shopping Centre Car Park, Halifax, 'Failure to Purchase Parking Tic
Post by: purple_elk on October 20, 2024, 02:21:10 pm
I did try inserting these in my previous post, but for some reason they vanished

(https://i.imgur.com/VRjtR0B.jpeg)
(https://i.imgur.com/jCx2HqL.jpeg)
(https://i.imgur.com/lCTGLLx.jpeg)
Title: Re: Excel Parking Services Notice to Keeper, Pennine Shopping Centre Car Park, Halifax, 'Failure to Purchase Parking Tic
Post by: b789 on October 20, 2024, 12:46:36 pm
It would help if we could see the Notice to Keeper (NtK) and the exact wording in the appeal sent to Excel. If the NtK is fully compliant with all the requirements of PoFA, your comment "...I am not responsible for the actions of the driver in this regard..." is misplaced. Excel does not have to know the identity of the driver and can hold you, the Keeper of the vehicle liable for the driver's alleged breach of contract. "Responsible", doesn't come into it. Only liability counts.

So, is the NtK fully compliant with all the requirements of PoFA section 9?

Also, your "...understanding is that we need to appeal to the company's internal appeals system, which will always reject, and then take it to an impartial third party..." is not quite correct.  The only "impartial third party" would be at the ultimate dispute resolution service, the small claims track at the county court. Excel are IPC members and their supposed independent appeals service, the IAS, is anything but independent. It is a self serving and incestuous cabal of failed legal wannabes whose sole interest is in protecting their paymasters interests.

So, if we could see a copy of the NtK and the appeal you sent to Excel, we will be able to assist. I suggest you have a read of this thread if you're unsure how to post images of the NtK:

READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/)
Title: Excel Parking Services Notice to Keeper, Pennine Shopping Centre Car Park, Halifax, 'Failure to Purchase Parking Ticket'
Post by: purple_elk on October 20, 2024, 10:31:01 am
Hello all,
I have received a Notice to Keeper (attached). The NTK states that the vehicle was parked without anyone having purchased a ticket within the time allowed.

On the day in question, the driver did purchase a ticket, but they stayed longer than the time paid for.

I sent an appeal to Excel's internal portal, explaining that as the keeper I am not responsible for the actions of the driver in this regard, that I have told the driver that Excel have been in touch and that Excel would like the driver to contact them, and that whether or not the driver did indeed contact Excel was up to the driver.

I will add an image of the signage on Tuesday.

Excel wrote back (attached) and now I am wondering what my next move is. My understanding is that we need to appeal to the company's internal appeals system, which will always reject, and then take it to an impartial third party.

Any help with this would be massively appreciated.

Please and thank you and love to all.

(https://imgur.com/lCTGLLx)
(https://imgur.com/VRjtR0B)
(https://imgur.com/jCx2HqL)
https://www.google.com/maps/place/The+Pennine+Retail+Park+Car+Park/@53.7205421,-1.8575525,3a,75y,167.85h,89.95t/data=!3m6!1e1!3m4!1shV-jSXjfGUcD2VYZDYS4mw!2e0!7i16384!8i8192!4m14!1m7!3m6!1s0x487bdd55b8251bc1:0xb313d30b9fc618a9!2sThe+Pennine+Retail+Park+Car+Park!8m2!3d53.7204355!4d-1.8573235!16s%2Fg%2F12hn_1m5j!3m5!1s0x487bdd55b8251bc1:0xb313d30b9fc618a9!8m2!3d53.7204355!4d-1.8573235!16s%2Fg%2F12hn_1m5j?authuser=0&coh=205409&entry=ttu&g_ep=EgoyMDI0MTAxNi4wIKXMDSoASAFQAw%3D%3D