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  • FIRST POST
    • WillNotPayPCNs
    • By WillNotPayPCNs 16th Sep 16, 12:42 PM
    • 16Posts
    • 1Thanks
    WillNotPayPCNs
    Me Vs Excel - next steps
    • #1
    • 16th Sep 16, 12:42 PM
    Me Vs Excel - next steps 16th Sep 16 at 12:42 PM
    Hi all,

    Just wondered if someone could confirm that what I'm about to do next with Excel Parking is correct.

    Having been through the newbies thread I sent a letter in response to a NTK within the appeal time frame asking the questions set out in your template:
    1. Who is the party that contracted with your company? I require their contact details.
    2. What is the full legal identity of the landowner?
    3. As you are not the landowner please provide a contemporaneous and unredacted copy of your contract with the landholder that demonstrate that you have their authority.
    4. Is your charge based on damages for breach of contract? Answer yes or no.
    5. If the charge is based on damages for breach of contract please provide your justification of this sum.
    6. Is your charge based on a contractually agreed sum for the provision of parking? Answer yes or no.
    7. If the charge is based on a contractually agreed sum for the provision of parking please provide a valid VAT invoice for this 'service'.
    8. Please provide a copy of the signs that you can evidence were on site and which you contend formed a contract with the driver on that occasion, as well as all photographs taken of this vehicle.

    Today I got a standard response back, not answering any of the questions, just giving me a heap of rhetoric and options to pay up or appeal to IAS. I've read through some other threads and it seems appealing to IAS is pointless and at worst gives a judge an adjudication to return to if it got to court and they feel lazy.

    They did send the photos of the car in question but the registration cannot be determined in them due to flash on the camera I assume. The signage photos are also included.

    I have only responded as the keeper and not the driver, their first paragraph says "we have not cited POFA 2012 nor stated that you are liable for the Parking Charge as the vehicle keeper. We are suggesting you are liable for the Parking Charge on the reasonable assumption that you were the driver of the vehicle on the date in question, unless evidence to the contrary is provided."

    Here's what I'm planning to do:
    Write to them stipulating that:
    - My previous letter was not an appeal but a request for information.
    - They have only contacted me as the registered keeper after they obtained my details from the DVLA therefore cannot not assert an assumption of any kind that I was the driver.
    - Contrary to my request they have not provided the information I requested to make an informed decision.
    - They have provided a photo of a vehicle which cannot be identified as mine due to the missing VRN in the photo.
    - They have provided the signs stating that a "vehicle remaining on this private land 10 minutes after entry is subject to and agrees in full to the Terms and Conditions".
    - The photo of the vehicle was taken at 21:27, and they stipulate that the paid-for parking period ended at 21:26. Therefore the period up to 21:26 was not liable for charge, and neither is the 10mins after 21:26 in accordance with the signage.
    - They have not provided any proof that the vehicle in question (let's remember, not proved to be my registration in the photos) stayed longer than past 21:36.
    - On the evidence presented to me as the registered keeper I will not be paying the charge.
    - Reiterate "Do not send debt collector letters and do not add any costs or surcharges. I will not respond to such contact and to involve another firm would be a failure to mitigate your costs which are not my liability because the POFA 2012 can only potentially hold a registered keeper liable if certain provisions have been met and even then, the 'amount of the parking charge' is the only amount pursuable."

    Extra info:
    The parking was paid for using the RingGo app so the registration is obviously traceable there.
    The letter they sent me cites Parking Eye vs Beavis and from reading other forum posts it seems this is irrelevant in their case due to the contractual differences between Parking Eye and Excel with their landowers/employers. I thought I would leave this out but could include it if others think it's worth mentioning at this stage.

    Just wanted to make sure by responding in this way I won't be admitting/giving them info they can use subsequently.

    Thanks in advance, and thanks for helping me get this far with the other advice across the forum.

    Non-Payer of PCNs
Page 2
    • WillNotPayPCNs
    • By WillNotPayPCNs 25th Jan 18, 11:20 AM
    • 16 Posts
    • 1 Thanks
    WillNotPayPCNs
    Hi all,

    Just wondered if this is more what I should be going for as per the above? Will need to submit in a few days.

    Cheers!
    • WillNotPayPCNs
    • By WillNotPayPCNs 1st Feb 18, 9:32 PM
    • 16 Posts
    • 1 Thanks
    WillNotPayPCNs
    Anyone?

    Not 100% confident what I'm doing here so could use a smidgen of guidance if poss?
    • Coupon-mad
    • By Coupon-mad 1st Feb 18, 9:40 PM
    • 54,129 Posts
    • 67,795 Thanks
    Coupon-mad
    I read that defence stmts should not be submitted via the moneyclaim online service, because of formatting chewing up etc. To clarify - I should print and post this, correct?
    No, email it (a signed version, attached to an email with 'defence - claim number xxxxxxx in the subject line) like everyone here does, to the publicly available ccbcaq email addy.

    I would remove the entire preliminary section, as it's from 2016. Start with 'background'.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • WillNotPayPCNs
    • By WillNotPayPCNs 1st Feb 18, 9:41 PM
    • 16 Posts
    • 1 Thanks
    WillNotPayPCNs
    Thanks Coupon-mad
    • WillNotPayPCNs
    • By WillNotPayPCNs 8th Feb 18, 3:30 PM
    • 16 Posts
    • 1 Thanks
    WillNotPayPCNs
    Hi,

    Hopefully last question on filing defence. It's all written, signed, PDFd and ready to email to the ccbcaq email address.

    When I've been reading up in the past I saw something about what to put in the defence box on the MCOL site but I cannot for the life of me find it again... the post gave guidance on whether or not to put anything in there... I feel like it said something like "anything put in there will stand as your defence so don't populate" or similar... could be wrong.

    Just ensure as to whether I need to progress any steps in the MCOL site along with the email including the defence?
    Sorry - I have tried to find the post again and look up on others but I'm at a loss.

    TIA
    • KeithP
    • By KeithP 8th Feb 18, 3:43 PM
    • 5,721 Posts
    • 4,442 Thanks
    KeithP
    When I've been reading up in the past I saw something about what to put in the defence box on the MCOL site but I cannot for the life of me find it again... the post gave guidance on whether or not to put anything in there... I feel like it said something like "anything put in there will stand as your defence so don't populate" or similar... could be wrong.

    Just ensure as to whether I need to progress any steps in the MCOL site along with the email including the defence?
    Sorry - I have tried to find the post again and look up on others but I'm at a loss.

    TIA
    Originally posted by WillNotPayPCNs
    It's in Bargepole's walkthrough linked from post #2 of the NEWBIES FAQ sticky thread.

    But no there is nothings you need to do on MCOL.
    Last edited by KeithP; 08-02-2018 at 4:24 PM.
    .
    • WillNotPayPCNs
    • By WillNotPayPCNs 8th Feb 18, 4:34 PM
    • 16 Posts
    • 1 Thanks
    WillNotPayPCNs
    Thanks KeithP.

    Have booked marked the thread for easy reference going forward. (Y)
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