Peel Centre Stockport Excel Reject PCN Appeal

[peakview120]

I received 2 parking charge notices from Excel Parking for alleged contraventions of their conditions. The first was for parking on 15/05/2017 and the PCN issue date was 06/06/2017 the second was for parking on 17/5/2017 and the PCN issue date was 05/06/2017.
There is absolutely no question that the appropriate tickets were purchased, displayed correctly and we did not overstay their duration. On one occasion my wife purchased the ticket and the other I did, so it would be doubtful if we inputted the wrong registration number although as the last letter of our registration is O and it may have been possible that we both inputted a 0 (zero)
I appealed these PCN’s (and may have implicated the driver i.e. stating the purchaser of the ticket) but they have both been rejected on the basis that no similar registration numbers were found in their system at that time.
Hopefully managed to download the relevant documents relating to these notices
We are both in our sixties and this has caused us a great deal of worry and anxiety so any help would be much appreciated.
Finally I would again reiterate that parking tickets were purchased.

[peakview120]

Re: Peel Centre Stockport Excel Reject PCN Appeal

I have further researched this forum and have found the following:

There may be an option to dismiss the appeal on the basis of the ‘time barred protection of freedom act’ although I may have prejudiced myself with my original reply to their NTK.
My initial response:

I have visited this parking site on 2 occasions recently and have received PCN notices on each occasion ( PCN 16232399 06/06/2017 the other occasion) and cannot understand the reason for receiving these notices. We have definitely paid and displayed our tickets and not over stayed our time. On the first occasion my partner obtained the ticket and on this one I obtained the ticket so do not think we both could have made any errors with the registration number. We are both in our sixties and sometimes find the machines which ask for registration numbers confusing and wonder if there could be any other reason why these notices have been issued?


There is a very detailed response found here http://legalbeagles.info/forums/show...ntre-Stockport but dating back to 2015 and probably would not be appropriate for my case.

There has been several other motorist who have had exactly the same problems with that car park during May which could suggest there was an problem with the ticketing machine. http://legalbeagles.info/forums/show...689#post735689

I am really torn between pursuing this to the County Court or paying the £120 just to get rid of the issue which is really causing me a great deal of worry and stress.

Any advice would be most greatly appreciated

[Kati]

Re: Peel Centre Stockport Excel Reject PCN Appeal

tagging [MENTION=5553]charitynjw[/MENTION] xx

[ostell]

Re: Peel Centre Stockport Excel Reject PCN Appeal

It is a shame that you have effectively outed the driver as Excel, as usual, have failed to comply with POFA, outside the 14 days, to be able to hold the keeper liable. Did you ask Excel for a copy of the log from the payment machine? Do so now, and point out that you have knowledge of the same problem suffered by others. I suppose it's too much to hope that you still have the tickets?

If you do get the logs look for gaps in the times and/or garbage input showing that the machine was playing up and either not recording or recording rubbish.

[peakview120]

Re: Peel Centre Stockport Excel Reject PCN Appeal

Thanks for the information ostell, I will request the information today via a 'signed for' postal communication.
I will also try to contact the members of this forum to ask them to do the same.
Unfortunately I do not have the tickets and feel such a fool for responding to them in such a naive way.

[peakview120]

Re: Peel Centre Stockport Excel Reject PCN Appeal

Hi Kati
is there a message here?
peakview120

[Kati]

Re: Peel Centre Stockport Excel Reject PCN Appeal

Hi Kati
is there a message here?
peakview120

no ... I was just tagging someone to make sure they see this thread xx

[remxwill]

Re: Peel Centre Stockport Excel Reject PCN Appeal

Hi,


I've just received a PCN/NTK through the post demanding we pay a 100 pound fine for parking without payment.

We have a blue badge which we forgot to display.

Does anyone know if this is worth appealing and how best to approach this?

Thanks!

[peakview120]

Re: Peel Centre Stockport Excel Reject PCN Appeal

Hi remxwill
Sorry I cant help you with this as I am trying to sift through the confusion and legalities of my own situation.
One very important piece of information for you though is DO NOT REVEAL OR IMPLICATE ANYONE AS THE DRIVER, the notice is to the KEEPER of the vehicle and apparently the parking companies biggest problem is identifying the driver.
Hopefully someone on here will be able to give you some advice
Good Luck!
peakview120

[peakview120]

Re: Peel Centre Stockport Excel Reject PCN Appeal

It is a shame that you have effectively outed the driver as Excel, as usual, have failed to comply with POFA, outside the 14 days, to be able to hold the keeper liable. Did you ask Excel for a copy of the log from the payment machine? Do so now, and point out that you have knowledge of the same problem suffered by others. I suppose it's too much to hope that you still have the tickets?

If you do get the logs look for gaps in the times and/or garbage input showing that the machine was playing up and either not recording or recording rubbish.

Hi Ostell

I have now requested the logs from the parking meter and have received a reply from Excel.
They have referred to my request for the logs as my ‘Appeal (Representation)’ and have given ME additional time to provide evidence of the ticket purchase.
They have turned my request around completely.
Do you know if they are legally bound to provide this information or is the whole scenario a ploy to substantiate their case when it goes to court.
I have attached copies of my request and their reply.

I have also been thinking about my response and the potential for me having outed the possible driver.
Reading my response again does this not ‘out’ two possible drivers or do you think that would that be decided by the courts?

Sorry if I appear to be questioning your valued earlier response but I am becoming increasingly worried and concerned about these issues and whether or not to pursue them.

[peakview120]

Re: Peel Centre Stockport Excel Reject PCN Appeal

An update on the 2 PCNs issued against my vehicle during May 2017.

I have written to Excel Parking Services quoting the numerous websites (including this one) that have recorded similar issues with the malfunctioning ticket machine at the Peel Centre.

I also repeated my request for the logs from the ticketing machine and stated that I was fully prepared to defend these notices in court and would not be bullied by threats of increased penalties and cost associated in pursuant of these false claims.

I have also written explaining the situation to owners and managers of the parking i.e. Peel Land and Property at Stockport and their head office at the Trafford Centre along with emails to Stockport Metropolitan Borough Council, Stockport Trading Standards and Stockport Citizens Advice Bureau

I have today received emails from Vehicle Control Services Ltd (same address as Excel Parking cancelling the Charge Notices

The reason stated:

After a thorough investigation of the events surrounding the issue of the CN, combined with the evidence held on our internal systems; we can confirm that the Charge Notice has been cancelled with immediate effect.
We trust you find this outcome satisfactory and thank you for your future co-operation.


Many thanks to everyone on this forum for your invaluable advice.

If I can be of any help to others please post on here or send me a personal message.

[ostell]

Re: Peel Centre Stockport Excel Reject PCN Appeal

Glad to see a result.

[Van2008]

Re: Peel Centre Stockport Excel Reject PCN Appeal

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

[ostell]

Re: Peel Centre Stockport Excel Reject PCN Appeal

So what's number of days between the event and the date you received the PCN? Post up the PCN with identifying details erased

[Van2008]

Re: Peel Centre Stockport Excel Reject PCN Appeal

So what's number of days between the event and the date you received the PCN? Post up the PCN with identifying details erased

Contravention date was 24/6/2017 and issue dare was 8/8/2017.

- - - Updated - - -

Copy of PCN