@icelandfoods Over-stayed in iceland carpark **Cancelled**

[ericsbrother]

You will be given an expecteed date and each sides paperwork will be given to the other side before that date so you can rebut their claims.

The point you make about including the Eq A policy should have gone to Iceland and they would have 8 weeks to respond. If you requested the same from the parking co add to your appeal that they have failed to respond to the request and that POPLA can make "inference" by this lack of response under the EqA and you expect them to do so. POLA are not obliged to act upon this but you can clobber them with a SD and claim for DD if they dont at least mention it. Another battle though.

[mikeymack2002]

I have edited the PDF for the appeal but posted in to the wrong thread,

 

 

Please have a look at the PDF called 11 below .....

 

 

Some background info for all.

 

 

1. This is NOT an ICELAND car park it is owned and managed by EXCEL PARKING LTD

 

 

2. The signs are non compliant

 

 

3. the clock states one time the PCN states another

 

 

4. Excel/Iceland that this is a pay and display car park with a difference, the difference is there is NO P&D machine

 

 

So have sent in the appeal with the popla number so will be waiting to hear back from them. I will just sit and wait till this mess is sorted,

 

 

Following this mess I looked in to see if this is an officially listed car park with all the relevant licences to be so. plus much more but will not bore you with it all

 

 

MM

[ericsbrother]

Did you include the 2 main points, inadequacy/misleading signage means that no contract could be formed and that no loss or genuine pre estimate of loss has been supplied so claim against you amounts to a penalty and is therefore unlawful.

[ericsbrother]

How have you determined that EXCEL own the car park? Have you chacked with the land registry or think that is the case because their signs say they manage it. I see many estate agents' boards outside houses for sale but they dont own any of them.

[mikeymack2002]

Have the appeal notification via email from POPLA, so will now have to wait to see what gets decided.

 

 

Will update post as and when things come in and how I did the appeal

 

 

MM

[mikeymack2002]

Me too. I am following various posts from one of our Caggers called Tomtubby, in the Enforcement (bailiff forums) and came across this whilst looking in to this, as this is of use to some people (possibly) the link is here for anyone to view please read here and let me have any replies to the statement contained in the post seen here ... http://simply-wrong.com/consumer-rights/private-parking-companies/

 

 

The PPC case involving Excel is here http://forums.pepipoo.com/index.php?act=attach&type=post&id=4984

Courtesy of pepipo

 

 

I am beginning to enjoy the "homework" this ticket oops PCN has given me to do, this PDF attached has some very great points in it and some very good case Law as well so happy reading hope this helps someone else

 

MM

[mikeymack2002]

Ok well the update is as follows.

 

We have an appeal date

 

We have the appeal acknowledgement letter

 

We are still waiting for Excel to send their documents.

 

All the above see the attachment, so do we attend or what is the procedure next

 

 

MM

[mikeymack2002]

Did you include the 2 main points, inadequacy/misleading signage means that no contract could be formed and that no loss or genuine pre estimate of loss has been supplied so claim against you amounts to a penalty and is therefore unlawful.

 

 

Iceland do not own this site but Excel do, because they tried to bully me with threats, I took the next logical steps returned to the site, took a heap of HD images, then asked the Council if that Excel Parking had applied for and been granted planning permission for this site to be run as a car park, If Excel had planning permission for the signs, If they also had planning permission to install a ANPR camera.

 

 

Then asked the Borough Council to verify that Excel have the correct Data storage and has a DPA compliant PC for storage of the data it had acquired. This includes all the information that is collated from the DVLA and ALL correspondence from the "customers and their details" all this is under a FOI request that is 2 weeks old atm.

 

 

The towns council had no idea that this site had been through such changes, so they are now investigating the legality of this site as well, because if they may not have got the correct permissions from the planning committee, they (the Council) will then look into this then they will be taking further independent action against Excel Parking in their own rights, if this is correct.

 

 

Go figure that one out. The reason I went this route as well is if the signs are illegally erected, they DO NOT form a contract.

[armadillo71]

No you do not attend.

You should get Excels evidence in the post before your hearing date. If you don't then they may not have bothered supplying any evidence. In which case your appeal will be allowed.

POPLA will write/email you around your hearing date with the assessor's determination.

[f16]

MM

 

Your post #33. Regarding the visit to the Council.

 

You may have caused Excel further "Problems" as well .....

I suspect from the councils use of the word "investigating" and "unaware of the changes to the Car Park".

That they have failed to pay the correct Council Tax !!!!

 

If that is the case, then that is going to cost them "Big time"

Well done

[mikeymack2002]

f16

This is something I have heard before and this nullified the "contract" but got the PPC in big trouble for not obtaining the correct permission's to erect their signs. This case was for the same sort of issue, the owner had sold the land the new owners replaced the original signs with their own, got caught got fined and had to take the new signs down until the committee had heard the case, but in the end it was denied to allow the new signs.

 

 

I caught the local Councillor's in a surgery at the local library, they happened to be the ones in control of planning and took a walk with me to actually look at this issue, they simply stated they knew nothing of the changes that had occurred...... My bad umm?

 

 

MM

[f16]

You will probably find out in the end that back during the 1970s when Iceland were called Bejams. (showing my age now)

That it was a "Free car park".

Iceland then took over Bejam and sold the car park at some stage to Excel.

Who then "turned it" into a business, and in the "process" failed to inform the Council.

 

"Live by the sword. ... Die by the sword"

[armadillo71]

You will probably find out in the end that back during the 1970s when Iceland were called Bejams. (showing my age now)

That it was a "Free car park".

Iceland then took over Bejam and sold the car park at some stage to Excel.

Who then "turned it" into a business, and in the "process" failed to inform the Council.

 

"Live by the sword. ... Die by the sword"

 

Bejams! Ha ha.... we had a fine fare near us as well...

[mikeymack2002]

Trouble is I was an ASM at Iceland as well lol many moans ago blimey that long? So I happen to know my way around HO

 

 

I feel like quoting now lol

 

 

The PEN IS MIGHTIER THAN THE SWORD

[ericsbrother]

Planning consent probably only allow free parking at the time of the original application so another tack is to see if they pay business rate as a separate entity to the supermarket. I bet that the plans havent been updated so the Valuations Agency might be a good place to call and ask. I have found them helpful in the past. Again, the council may well know the answer.

Company not allowed to profit from criminality.

Dont worry about what POLA say, this is all good stuff for afterwards should things not go your way at first.

[mikeymack2002]

Whilst I am enjoying this homework I came across this site with some interesting helpful points any views please, read here

 

 

http://www.parkingcowboys.co.uk/genuine-pre-estimate-of-loss/

[mikeymack2002]

Please guys I would like to share the result of the PCN with you all it is as follows

 

 

 

Me

 

 

-v-

 

 

 

Excel Parking Services Limited (Operator)

 

 

The Operator has informed us that they have cancelled parking charge notice number XL07******, issued in respect of a vehicle with the registration mark EN1***** .

 

 

Your appeal has therefore been allowed by order of the Lead Adjudicator.

 

 

You are not liable for the parking charge and, where appropriate, any amounts already paid in respect of this parking charge notice will be refunded by the Operator.

 

 

Yours sincerely,

[Satterthwaite]

the right result.

[mikeymack2002]

Woo go me lol it was my 1st POPLA PCN that I had ever dealt with but my 9th PCN in total and I am not even a driver

 

Mike

[armadillo71]

Well done! Never in doubt though really...

[f16]

Well done. ... So you have proved "The pen is mightier than the sword".

 

If you get a chance. Check with the Council to see if Excel got some "eye watering invoice".

That way you have "Scored" twice.

 

Take care

[ericsbrother]

So, the lying gits just cancelled the ticket to avoid any scrutiny of their crooked operations. That way they carry on as before and hope that enough people are ignorant enough to keep paying up to outweigh the cost of losing the odd one. As a group the private parking co's earn £200m a year and most of it is of very dubious legality.

get back on to the council so they dont get an easy ride. If the council agree then ask that TS get involved as it is fraud.