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Hi There, Today I received POPLA decision on my appeal against Excel parking which is below. please advise what should I do next( pardon my illiteracy in legal terms) Thanks a lot The Operator issued parking charge notice number xxxxxxxxx arising out of the presence at Peel Centre in Stockport, of a vehicle with registration mark xxxxxxxx. The Appellant appealed against liability for the parking charge. The Assessor has considered the evidence of both parties and has determined that the appeal be allowed. The Assessor’s reasons are as set out. The Operator should now cancel the parking charge notice forthwith. Reasons for the Assessor’s Determination It is the Operator’s case that a parking charge notice was correctly issued, giving the reason as: ‘Parked without displaying a valid ticket/ permit’. The Operator submits that a parking charge is now due in accordance with the clearly displayed terms of parking. The Appellant does not dispute that the terms of parking were clearly displayed, or that he failed to purchase a valid ticket. It is the Appellant’s case that there was no contract between the parties, and that the charge is punitive and disproportionate to the alleged breach. Appellants are not expected to use legal terms. By submitting that the charge is punitive, it is clear that the Appellant submits that the charge is not compensatory in nature. The Operator does not dispute that the charge represents damages for a breach of the parking contract. Accordingly, the charge must be a genuine pre-estimate of loss. The onus is on the Operator to prove its case on the balance of probabilities. Accordingly, once an Appellant submits that the parking charge is not a genuine pre-estimate of loss, the onus is on the Operator to produce some explanation or evidence to tip the balance in its favour. The parking charge must be an estimate of reasonable losses in order to be enforceable. This is ‘reasonable’ in the usual contractual sense of the word, and so the calculation of any pre-estimate of loss must follow the principles used to calculate damages. Accordingly, any consequential loss must be based on an initial loss, and any heads claimed for must be in the reasonable contemplation of the parties at the time of issue of the parking charge notice. In this case the Operator has produced a break-down of how it submits it arrives at its pre-estimate of loss. A number of the heads include general operational costs, and costs which do not relate to the breach in question, such as write-offs for other parking charge notices. Furthermore, I find that a substantial cost referred to by the Operator – that incurred during debt recovery – is not a reasonable loss to include in the estimate. Only a minority of parking charges issued will result in costs associated with debt recovery and there is no evidence before me to show otherwise. Whilst any motorist who causes an initial loss by parking in breach of the terms of parking must 3 09 May 2014 accept that an Operator will incur costs in pursuing this loss, I am not satisfied that it would be within the reasonable contemplation of the parties that costs related to debt recovery by a third party would be incurred, and so I am not satisfied that such charges may be included within the parking charge itself. Consequently I must find that the Operator has failed to produce sufficient evidence to demonstrate that the parking charge is a genuine pre-estimate of loss. Accordingly, I allow the appeal. I need not decide any other issues.

Thanks a lot. I will do that

Thanks for reply. The offence was on 30/01/14 and notice came on 05/02/14. It is well between 14 days period.So should i appeal to POPLA straight away without notifying Excel people. Please reply. Thanks

Hello there, i need help with a notice from Excel parking. About 2 weeks ago i went to Peel centre Stockport , i stayed in car and my wife went into a shop. I was under the impression that as iam staying in car i dont have to buy a parking ticket ( i know its my fault as signs were there). But today i received a parking charge notice of £60 for 40 mins stay by Excel parking. Iam not sure as it looks unfair to slap such a big fine for 40 mins parking. This is my 1st parking fine in 14 years of driving i dont know how to deal with it. Please advise what to do should i make appeal against it or should i ignore this as someone told me that Parking Excel are not allowed to enforce this charge. Thanks a lot.