Getting Private Parking Tickets cancelled (DON'T PAY!)

[Kingy]

Ironically I'm now in the process of fighting an invoice from Excel Parking on behalf of my sister in law. She didn't pay the 50p charge (long story) and so they are now demanding £100 or £60 within 14 days. This is where I think it's wrong. If they asked for £10 I think thats ok and would have no hesitation in telling her to pay it for being a pillock. Still a big amount compared with a 50p ticket, but imho reasonable. £100 or £60 are not.
So, the battle begins.

[jollyjoiner]

(10-29-2014, 08:16 PM)Jollyjoiner Wrote: Good heads up on this one Kingy.
My wife had a fine from our local co op supermarket after over staying in the 2 hour carpark. The company that issued the fine said because she had missed the 30 day deadline to pay the £45 then she should pay the now £90 fine. The thing was, she never received the first fine because it never came (the tossers). We sent them a letter for photographic proof of parking in there which they did send us still demanding the £90 so we sent them another recorded letter saying we wasn't paying it because they're trying to con an extra £45 out of people by lying about sending the first fine.
Didn't hear anymore from them.
Case closed lol
W**KERS

Well this one reared it's ugly head again the other month demanding £190 for none payment or £135 if paid within a week or so or court action. I said to the wife to let it go to court but she was fed up of it all and paid the bill

[Kingy]

Ahh. Bugger. I can empathise with your good lady though. Thats the way they work. Intimidation to get people to pay. If you get another at some point get on Pepipoo and sort a 'soft' appeal out which is the first stage of getting it cancelled.

[jollyjoiner]

Cheers, will do.

I do hope that when I type Pepipoo into google it doesn't take me to some seedy site hahaha

[Kingy]

Just had my sister in laws parking invoice cancelled. She got a letter by post this morning.

She got a demand for £100 which would reduce to £60 if paid within 14 days. It looked like this:



I drafted this appeal (with good help from the Pepipoo forum) and told her to send it as the first 'soft appeal'.

Quote:Dear Excel

PCN REF: XXXXXX/XXXXXX

I am writing with regards to your speculative invoice dated XX/XX/XX. As the Registered keeper I demand you cancel the invoice on the following grounds.

1 - The sum demanded is a punitive charge and a penalty.
2 - The sum demanded is not a Genuine Pre-Estimate of Loss.
3 - The ANPR system is fallible and is not evidence of whether the car actually parked during this period. You have merely shown a first entry/last exit which could have been two trips.
4 - The Notice to Keeper is not a POFA 2012 compliant document so there is no keeper liability and I do not have to assist you with your evidence (or lack of evidence) as to who was driving.

If you reject this challenge, please explain clearly whether the charge is contractual or the result of a breach of contract.
If you allege that the sum is a contractual charge, you are required to account for VAT on the invoice.
Please confirm whether you make VAT payments on a cash basis.
If not on a cash basis, do you pay VAT on the full or the discounted amount ?
If you do not believe your invoices are subject to VAT, please explain your reasons.

Regards

[Name]
Registered Keeper

She got a standard email confirming receipt of her appeal and using intimidating text to try and get the driver details. I told her to ignore all other correspondence until she received a written letter from them in reply to her appeal. (They always respond by letter).

I expected them to refuse this 'soft appeal' which would have meant a second detailed 'POPLA' appeal*, but they didnt. Case closed.

Excel would have to send me a POPLA number if they rejected my appeal which would cost them £27 & VAT. I can only assume they decided it wasn't worth wasting £27.

[FraserG]

Brilliant outcome Kingy Now, if only we could just get them to stop sending the letters in the first place...

[speedymadR6]

Cheers for that Paul, very usefull

[Kingy]

A pleasure.

This is the exact response we got back form Excel in reply to my ^^ appeal ...

Quote:Dear XXXXXX

Notice Serial Number : XXXX

Vehicle Registration Mark : XXX
Date and time of issue: XXXX


We refer to your appeal against the above parking charge notice.

Following a review of the points you have raised we have decided to cancel the Notice.

Our records are now closed.

Yours sincerely,

Matthew Foster.
On behalf of the senior manager.
Central Payments Office.