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Parking Charge from Peel Centre Stockport
Papa Lazarou
post Wed, 11 Jul 2018 - 16:46
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Hi,

I am a first time poster, but I have read several of the posts on this forum so I hope I don't come across as a complete noob.

I received a parking charge from Excel Parking at the Peel Centre in Stockport for parking without payment. I went down the standard Excel Parking appeals process and received the expected rejection and I am not at the stage where I have received a "Notice of intended court action" from Debt Recovery Plus Ltd (DPR). Having read a previous post entitled "DRP Notice of Intended court action - Matalan Stockport - Smart Parking Ltd" (link: hxxp://forums.pepipoo.com/index.php?showtopic=110237) I can see that this notice is irrelevant and should be ignored, but I feel the need to begin preparations and evidence gathering before a genuine notice before action arrives.

The backstory to this is that on 03/03/2018 I parked at the Peel Centre and made my way to one of the payment machines. I entered my vehicle reg, inserted the required amount of money and pressed the green button to complete the transaction. The machine did not produce a pay & dsplay ticket but also did not give any indication that the transaction had failed, nor did it return my money. As I knew the car park was managed via ANPR I assumed that displaying a ticket was not required and went on my way to do my shopping.

A couple of weeks later I got the 1st letter advising of the parking charge. I filed my appeal via the online appeals process stating that the ticket machine did notify me that the transaction was unsuccessful and advised that I felt that it was their responsibility to ensure all machines were in working order and that I could not be held liable for the failed transaction. I also requested the transaction logs for the machine in question so that I could see if there was a noticeable gap that might prove that the machine was not working. As expected, my appeal was rejected and no transaction logs were provided.

Since then I have ignored any further communication requesting payment of the charge and find myself edging closer and closer to court action. I would appreciate any advice that anyone here can provide me, including any precedents for incidents like this, and also what evidence I should gather myself before any possible court date.

Thanks in advance for the assistance, and I apologise if I have missed any information that may have already been covered in the sticky posts. There is a lot to read and I'm trying to do this on a break from work.
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post Wed, 11 Jul 2018 - 16:46
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Jlc
post Wed, 11 Jul 2018 - 17:40
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This is probably what you need...


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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Papa Lazarou
post Thu, 12 Jul 2018 - 10:45
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QUOTE (Jlc @ Wed, 11 Jul 2018 - 18:40) *
This is probably what you need...
This is great, thank you very much. Although the circumstances of the case described are not exactly the same as mine this gives me excellent leverage should the case go to court, particularly if I can prove that the machine was faulty for a period of time around when I parked.

I suppose for that I would need the transaction logs that I requested previously, so what are the chances of them providing those to me for my defence? I assume they would be reluctant, but failure to do so may help my case even more, particularly as I requested them at such an early stage in proceedings.
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nosferatu1001
post Thu, 12 Jul 2018 - 11:21
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You state you put them to strict proof that the machines were not faulty, and as such you require evidence from all machines, a complete record signed and confirmed as being exact under penalty of perjury.
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Papa Lazarou
post Thu, 12 Jul 2018 - 13:01
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Thank you nosferatu1001. This is the type of advice I needed. I knew what I needed to request, but I'd probably leave loopholes for them to get out of if I were to ask in my plain terms. I will probably seek legal advice if the matter progresses to court, but anything I can do to prevent it doing in the meantime is appreciated.
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ostell
post Thu, 12 Jul 2018 - 14:33
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If it gets to court the cost of legal advice will be in excess of what they are asking for. The forum will help with defence etc. Todays news was that the forum assisted someone to obtain £600+ of a PPC.
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Papa Lazarou
post Thu, 12 Jul 2018 - 15:48
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QUOTE (ostell @ Thu, 12 Jul 2018 - 15:33) *
If it gets to court the cost of legal advice will be in excess of what they are asking for. The forum will help with defence etc. Todays news was that the forum assisted someone to obtain £600+ of a PPC.

That's good to know, thanks. I wouldn't want to assume that I could get all the legal help I need on here, as I wouldn't want you guys to think I can't be bothered to do things myself. I really appreciate that you guys are so willing to help.
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