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Peel Centre Stockport Excel Reject PCN Appeal

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  • #16
    Re: Peel Centre Stockport Excel Reject PCN Appeal

    Peel Centre PCNs are via ANPR.

    So the Notice to Keeper is out of time, as it should have been received by the registered keeper within 14 days of the parking event.

    Sch 4 s9 PoFA 2012.

    As previously posted, do not ID the driver.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #17
      Re: Peel Centre Stockport Excel Reject PCN Appeal

      Originally posted by charitynjw View Post
      Peel Centre PCNs are via ANPR.

      So the Notice to Keeper is out of time, as it should have been received by the registered keeper within 14 days of the parking event.

      Sch 4 s9 PoFA 2012.

      As previously posted, do not ID the driver.
      Whats my best course of action now as I was going to appeal the notice - do you have any suggested wording regarding the Notice to keeper been outside the 14 day period of the parking event - I have read online about the freedom of information act 2012 schedule 4 regarding timescales is this what you are referring above Sch4 S9 PoFA 2012 ?

      Thanks for you help.

      Comment


      • #18
        Re: Peel Centre Stockport Excel Reject PCN Appeal

        I have read online about the freedom of information act 2012 schedule 4
        Protection of Freedoms Act 2012 Schedule 4 9(5)
        http://www.legislation.gov.uk/ukpga/...dule/4/enacted
        CAVEAT LECTOR

        This is only my opinion - "
        Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb

        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.

        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #19
          Re: Peel Centre Stockport Excel Reject PCN Appeal

          Originally posted by Van2008 View Post
          Hi Peakview

          Have just received a parking notice for failure to purchase a ticket at the Peel Centre when like yourself I 100% know the driver purchased a ticket. The PCN dates back to the 24th June so they no longer have the parking ticket. You mention in one of your posts that you named several websites in a letter to excel where customers had complained about malfunctioning ticket machines - do you have details of these websites? Did Excel ever produce the logs from the ticket machines to you? Glad to hear you had your parking notices cancelled

          Thanks
          Hi Van2008
          I initially and naively appealed the PCNs via their own sister company and the appeals were rejected. My initial letter to them after they rejected that appeal:

          As registered keeper of the above vehicle I would request logs from the pay and display machines associated with the above Parking Charge Notices for the days of the alleged infringement.

          The machine involved was the machine located nearest to the Costa Coffee outlet.

          After much investigation I am now aware that similar allegations of non payment were made by Excel Parking to several motorist during that period of May 2017.

          I believe the machine or the recording facility of the equipment is at fault.

          I then wrote again:

          As registered keeper of the above vehicle on the dates of the alleged parking infringements I respond as follows:

          My correspondence dated 30th June 2017 was a statement of fact and not an ‘appeal (representation)’ as you have stated in your email.
          In my correspondence I requested logs from the pay and display machine associated with the alleged infringements. I have not received the logs and would further request them. If you are unable or unwilling to provide the logs please advise me within 14 days of this letter stating your reasons for non disclosure of the information.

          My correspondence referred to similar alleged infringements at the Peel Centre during that period in May 2017 and I would refer you to the following selection of sample websites:

          http://parking-prankster.blogspot.co.uk
          http://www.consumeractiongroup.co.uk
          http://legalbeagles.info/
          http://forums.moneysavingexpert.com

          Please note this is not a complete list of websites referring to PCNs issued by Excel Parking.

          Each of these websites documents issues with the pay and display machines at the Peel Centre during that period in May 2017.

          A contributor to one of these forums has had their appeal upheld by Excel Parking. This contributor purchased a ticket from the pay and display machine nearest the Costa outlet on 14th May 2017 but received a PCN. She appealed the PCN and Excel Parking has withdrawn their claim on the basis that the ticket was ‘issued in error’

          In view of the above overwhelming evidence of a machine or recording malfunction with the pay and display machines at the Peel Centre during that period in May 2017 I request that the Parking Charge notices referred to in this correspondence are immediately cancelled.

          As the registered keeper of the vehicle at the time of the alleged infringements I am fully prepared to defend this in court and will not be bullied by threats of increased penalties and cost associated in pursuant of these false claims.

          Furthermore I shall be formally informing and advising various organisations and official bodies of this situation.

          I also wrote in a similar vain to the owners of the car park, Peel Land and Property at Stockport Peel Centre and their head office at the Trafford Centre, Stockport Council and Trading standards via Citizens Advice.
          It would be easier using the 14 day time constraints mentioned as my route was very time consuming and worrying. Very important that you do not implicate the driver of the vehicle as repeatedly advised on this forum.
          Last edited by Kati; 3rd January 2018, 11:23:AM.

          Comment


          • #20
            Re: Peel Centre Stockport Excel Reject PCN Appeal

            I appealed the PCN on the 13th August on the grounds that the Notice to keeper was outside the 14 day period and that keeper liability did not apply.

            The website says they will reply to the appeal with 28 days but I have only today received a response from them stating that in order to process my appeal properly they need me to either

            1 Name the driver and provide an full address.
            or
            2 Provide a written statement from the driver confirming I am acting of their behalf including the drivers name and address
            or
            3 Pay the fine at the reduced rate of 60

            they have given me 14 days to respond.

            Do I go just go back reiterating I can not be held responsible as the registered keeper under the freedom of information act .

            Thanks

            Comment


            • #21
              Re: Peel Centre Stockport Excel Reject PCN Appeal

              Just ignore. They would be very happy for you to pay or identify the driver.

              They know that they haven't a case but are hoping you will slip up.

              Comment


              • #22
                Re: Peel Centre Stockport Excel Reject PCN Appeal

                I have had a further letter from Excel rejecting my appeal and saying I can now appeal to IAS is it worth it from what I have read online it’s not worth it .

                Comment


                • #23
                  Re: Peel Centre Stockport Excel Reject PCN Appeal

                  That took a long time to be rejected ! Do not bother with the IAS, any appeal will be rejected.

                  The BPA have a statement in their Code of Practise that any appeal not replied to within 35 days is taken as accepted. Perhaps a look through the IPC CoP might reveal a similar rule.

                  Comment


                  • #24
                    Re: Peel Centre Stockport Excel Reject PCN Appeal

                    thanks
                    Last edited by Van2008; 3rd January 2018, 00:51:AM.

                    Comment


                    • #25
                      Re: Peel Centre Stockport Excel Reject PCN Appeal

                      Originally posted by Van2008 View Post

                      Do I go just go back reiterating I can not be held responsible as the registered keeper under the Protection of Freedoms Act 2012.
                      ^^^^^^ Just fixing your post.

                      Re the latest letter from BW, it's probably just a 3rd party debt collection letter, & if so can be filed & ignored.

                      If you receive a Letter Before Claim/Action or a county court claim, it is important to respond to those.
                      CAVEAT LECTOR

                      This is only my opinion - "
                      Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb

                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.

                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment

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