Hello all
I found this forum via Honest John -> Google search for Nev Metson -> Parking Cowboys -> here, after receiving an NtK from Excel Parking regarding an alleged failure to display a ticket at the Peel Centre in Stockport. They're after £100, or £60 if the PCN is paid cough up within 14 days if the issue date (so far, so standard ).
I fully intend to appeal the PCN since this whole situation appears to be nothing more than a (barely) legalised scam but I'm keen, having found PePiPoo et al early in the process, not to make any schoolboy errors in my dealings with Excel that may give them any advantage. The current "best practice" appears to be to appeal the PCN (waiting long enough to do so that Excel do not have time to send a corrected one) and in the mean time prepare the most finely honed POPLA appeal one can manage in the expectation that Excel will turn down the appeal. On that basis I've read up as much as I can to familiarise myself with how best to respond, but now I have some questions:
1. I've checked the PCN against the list of information it is supposed to contain (per PoFA) here, and it appears to fail on para 9 (2) (h) ie it doesn't "identify the creditor and specify how and to whom payment or notification to the creditor may be made". (I'm basing this on the fact that the Peel Centre is owned by Peel Holdings, who are not mentioned at all on the PCN) Does this give me any real advantage? According to the Parking Cowboys page this renders the PCN invalid, but I cannot see Excel actually acknowledging this failure.
2. If Excel are just going to overturn it as a matter of course, is there any merit to preparing a very robust appeal letter as a "dry run" for POPLA?
3. The charge for 3 hours parking (the minimum period that can be paid for at the Peel Centre) is £1.30 - is there any merit to offering to pay Excel this amount "in full and final settlement" - or would this constitute some sort of admission of fault?
4. It may be possible to locate evidence of genuine custom on the date of the "alleged contravention" - is it worth doing so?
I've kept the information on the case to a minimum here but can of course provide more details if needs be. Thanks very much in advance.