Parking Charge Notice from Excel Parking - HELP! - CazzieC

Last month I got a parking ticket for the day when my wipers went whilst I was out, in the rain. As I was driving I pulled over into the car park I was next to and they've given me a ticket. I appealed explaining why I was there, that it was a practically empty car park and that I didn't leave the car. I had my 10 month old daughter in the car, I barely managed to even drive in to the car park and the RAC were on their way so I wouldn't be long so I just didn't even think to pay and display. There was a warden and he didn't say anything. I emailed them copies of the RAC report as proof.

They've replied today saying that if I had phoned them on the day using the phone number at the bottom of their sign, I would most probably have avoided the parking charge notice but as I didn't get out of the car in the rain and hail to find that phone number because I didn't even think of it in the short time that I was there, they won't cancel my charge. Apparently my options now are pay £60 or appeal to the Independent Appeals Service but if I do that I won't have the option to pay at the reduced rate if refused. Should I try or just suck it up and pay?

Parking Charge Notice from Excel Parking - HELP! - scot22

I don't know how much it would mean to you if you lost the appeal and the chance of reduced rate. That's your decision.

I am not normally a risk taker but reading your post made me very angry - particularly with the warden ( there are standards to uphold on the forum so I won't put what i think of him ) - I think you have an, at least, arguable case to appeal.

You didn't even leave the car ! A common sense approach is that you hadn't parked.

I suggest posting on PePiPoo forum which is dedicated to motoring law and hopefully you will get a quick response.

Best of luck.

Parking Charge Notice from Excel Parking - HELP! - Palcouk

Afraid you are out of luck common sense or practicality doesnt come into it. You should have stopped on the road even if yellow lines, as you had broken down and it was unsafe to proceed (also illegal)

Parking Charge Notice from Excel Parking - HELP! - daveyjp

"Cudda, shudda, wudda" doesn't provide a helpful response to the question.

Excel make money by sending invoices to people and that warden isn't cheap to run!

Pepipoo will advise, but you need to be prepared for a lot of reading, a lot of understanding of the issues to prepare a response and appeal correctly.

Parking Charge Notice from Excel Parking - HELP! - scot22

Palcouk, she pulled in to a car park she was next to. What evidence have you got from her post that it was dangerous ? We do not have the details for that. It seems to me (without the detail) that it is safer to get off the road, particularly for the person coming to help.

Davey, having cooled down more, I agree with you about the work involved in making an appeal. May be more sensible to take the line of least resistance and pay.

Parking Charge Notice from Excel Parking - HELP! - concrete

Palcouk, she pulled in to a car park she was next to. What evidence have you got from her post that it was dangerous ? We do not have the details for that. It seems to me (without the detail) that it is safer to get off the road, particularly for the person coming to help.

Davey, having cooled down more, I agree with you about the work involved in making an appeal. May be more sensible to take the line of least resistance and pay.

I used the appeals tribunal against a nearby local authority and won!

The process isn't that bad only a little long winded. This parking shark, sorry company, should send you all the information needed to appeal. You may need to go and take a few photgraphs of the road, car park, where you stopped etc and put down in writing, without your life story, the circumstances. Short sentence bullet points. In these circumstances I think you stand an excellent chance of winning. Good luck and let us know the outcome. Cheers Concrete

Parking Charge Notice from Excel Parking - HELP! - daveyjp

Local Council Tribunals are truly independent and are generally a little more understanding than the Private Parking Companies whose (non) independent assessors are coming up with ever more bizarre decisons to turn down appeals.

Edited by daveyjp on 27/04/2016 at 09:54

Parking Charge Notice from Excel Parking - HELP! - concrete

Hello daveyjp, as far as I am aware there is only one Independent parking adjudicator system. My error for calling it a tribunal. All authorities, public or private, use the same process and same adjudicators throughout the country. The paperwork and process are the same for everyone, no matter who issued the parking ticket. Mine happened to be a local authority getting it wrong, but I know one other person in our village who followed the same route against a private parking company and won. I stand to be corrected.

I hope this lady does follow the appeals procedure and wins too. There is far too much blind adhesion to any rule without any thought or discretion being used. I wish I was the Minister for Banging Heads Together at the Ministry of Common Sense. Cheers Concrete

Parking Charge Notice from Excel Parking - HELP! - daveyjp
One for Councils.

Two 'clubs' for Private comlanies both having an appeals process.

IPC and BPA. Neither independent at all as they both rely on membership fees from members to keep going.

IPC is very unethical and Excel are members. Chances of a successful appeal are very remote, but Pepipoo and moneysavingexpert site have plenty of background.
Parking Charge Notice from Excel Parking - HELP! - Bromptonaut

Hello daveyjp, as far as I am aware there is only one Independent parking adjudicator system. My error for calling it a tribunal. All authorities, public or private, use the same process and same adjudicators throughout the country.

There are, for (bizarre) historic reasons, two appeal bodies for parking and other traffic matters enforced by local councils. One broadly deals with London, the other rest of England and Wales. Both are 'proper' tribunals, set up under specific laws and which came under the oversight of the former Council on Tribunals/Administrative Justice and Tribunals Council.

When the Protection of Freedoms Act outlawed clamping, but with quid pro quo of keeper liability appeals in that jurisdiction were initially 'sub-contracted' to the London tribunal using their systems and adjudicators. This was done under the auspices of the British Parking Association (BPA).

Since then two further changes have occurred. Firstly the BPA has re-tendered its appeals serviceand it's now run by The Ombudsman Service. A reputable provider which runs several other commercial dispute resolution services. But not a tribunal in sense of previous set up.

Secondly there has been a schism in the BPA and a rival trade body has been set up running its own appeals service.

While I've not seen any egregious decisions there are doubts about that body's real independence and the quality of it's (albeit legally qualified) adjudicators.

For those with an serious concern for the subject this piece by academic researcher Margaret Doyle may be of interest:

ukaji.org/2015/11/25/why-parking-on-private-land-i.../

Parking Charge Notice from Excel Parking - HELP! - Palcouk

The OP stated it was raining and her wypers had stopped, therefore it was dangerous and illegal to drive

Parking Charge Notice from Excel Parking - HELP! - scot22

In my opinion, it depends on general visibility level, any traffic, speed, distance and level of risk from manoeuvre compared to stopping on road. She was driving and it may have been roughly equivalent to normal stopping distance to get in to the car park.

I am reasonably sure OP would not have done anything dangerous, especially with her child in the car. We can't make any confident judgement ( I was just replying to your dogmatic post ) without the details.

Edited by scot22 on 26/04/2016 at 23:13

 

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