No NTD only NTK - Excel Parking Services PCN

[hnm2015]

Hi I am looking for some help as I wanted to verify if the approach to fight this should be the same as usual.

Someone else drove my vehicle and forgot to pay for parking. When returning to the vehicle the had a Privacy Notice stuck to the windscreen by Excel Parking Services, but no an actual PCN. The driver actually thought it was some scam or joke and forgot about it. This was on 3/01/2025

Today, 14 days later, I have received NTK with images of the car and asking for the fine of £80 to be paid or £40 if done earlier.

I am confused as the Privacy Notice is not a PCN, correct? Does this mean their whole basis of chasing the Keeper is null and void as no PCN was affixed to the vehicle? Should I approach this in the same way as it had?

I plan on sending the NEWBIES blue letter but just wanted to check what people thoughts were, and when I should send the template

Attached is the Privacy notice, and the bottom of the RTK I received. It does not seem to say I am liable but more that the driver owes the money.

Thanks for your help!

[des8]

You refer to the NEWBIES blue letter, so assume you are working to the MSE website.
I don't know what that letter states, altho' I will look at it later.

That notice does state in the final paragraph that if the charge remains unpaid, Excel have the right to pursue you, the keeper for it.

Can you post up the top of the NTK, removing identification details but leaving in all dates and times, and if possible photos of the signage in which all text is legible.

[hnm2015]

Thank you so much for coming back to me.
Yes apologies I got confused when I was looking for posts of similar circumstances, and referred to the Blue letter when I meant to one size template essentially saying I am not going to provide details of the driver etc.

I have attached the letter which only has two photos, which doesn't include photos of the signage, however the link on the letter shows more photos online including the sign.

[des8]

So as the wording of that NTK does not properly specify a period of parking, I would send a letter along the following lines:



Dear Sirs,
I have received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to specify the period of parking to which this notice applies as prescribed by section 9 (2) (e) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.
Yours etc


They might not accept it as a valid defence, but it should be a slam dunk if the matter ever reaches court.
(having said that the county court can be a bit of a lottery!)

[hnm2015]

This is brilliant thank you so much.

Just to confirm should I use the this wording to firstly appeal the PCN with Excel (which i fully expect them to rule in their own favour).
Then use the same defence when escalating to POPLA?

Then again should the matter reach court?

[hnm2015]

Or the IAS actually as POPLA do not oversea IPC's?

[des8]

Personally, I would not even bother with IAS as they are not truly independent and rarely rule in favour of the appellant.
Others think it worth trying as it costs nothing, and who knows they may suddenly get a conscience

Your choice!