Excel PCN - reassurance/clarification needed

MrNotty

I hope to get some reassurance and/or clarification from the experts here. I have posted my situation before but the posts got muddled. This story may also help others.

I got a PCN from Excel Peel Centre Stockport beginning Dec (£100/£60 the max fee is £7.50). I met one of my neighbours, who is a lawyer, that evening at a social gathering at his house. He said the ticket was a penalty not a fine and what he does is to pay the max parking fee plus a bit extra in full and final settlement. He gave me a template letter. I acted on this and sent a cheque for £7.50 plus a bit extra, in full and final settlement. The letter made it clear that this did not indicate the driver.

This all happened before I found the MSE Forum and read all the threads.

Excel sent the cheque back and asked for details of the driver or RK. I met the neighbour in the street and asked him what I should do. He said I'd saved myself the money and if I wanted I could write back saying that I refuse to answer their questions; that there would be no further correspondence and if they took it to court we would proceed on "defence of tender". I had started to read the MSE threads by this time but thought that as they had my name and address by now a curt letter would do no further harm.

So please am I right in thinking that

• As Excel cannot access the DVLA database they cannot contact or prove the RK, neither can they prove the driver.
• They need either of these to start (or win) a claim.
• We are under no legal obligation to provide these details - to them or to a court. The burden of proof is on them.
• Even if it did go to court we would have the defence of contract law, unenforceable penalty, past case law with Excel and defence of tender.

Is this correct and any subsequent letters from Excel can be filed and possibly used against them at a future date? I'd be happy to take it as far as they want.

pogofish

Your best bet would have been to ignore them altogether. Do so from now-on. The chances of this going anywhere beyond a few letters is utterly minuscule.

Oli.s

I think they can access the DVLA database, unless there banned, but they probably wont bother now as you have saved them the trouble by providing them with your name and address so they will just hassle you by letter instead. Jst ignore anything they send.

You could appeal to popla if you like and cost them £30 odd quid, then just continue to ignore anyway.

trisontana

Why have you started a new thread about this, when we fully answered your questions on your original thread?

MrNotty

Oil - yes they are banned.
Pogo fish - I wish I had ignored!

Tristona - I was still uncertain after the other thread. The posters got hung up in thinking I had ignored their advice. It is the last points I hoped to clarify as I can't find the answers. Namely: in the very very unlikely chance of them wishing to progress a case - can they start one if they cannot prove the RK or driver? If they did - do we have to provide these details to the court/magistrate?

spacey2012

I deleted my post as I just realised i had given them the case to sue you.
Oops hope it was not seen sorry.

trisontana

It will never go near a magistrates court as this is a civil matter. You still appear to be taking this much too seriously. I can promise you that Excel will not take you to the small claims court. It's as simple as that.

MrNotty

Spacey - are you saying they have a case? That would go against all the advice on the forum.

atilla

MrNotty wrote: »

Spacey - are you saying they have a case? That would go against all the advice on the forum.

Why do you think on the basis of one post (suddenly deleted) that ALL other advice is wrong?

Simon Renshaw Smith is well known to members of the Judiciary and has enough on his plate with them at the moment to risk taking another false claim to them.

He/they rejected your offer. Their problem, let them justify their actions whilst you stop worrying.

MrNotty

Thank you everyone. I am sure it will come to nothing.

atilla

If you've got the time and or inclination it can be worthwhile doing a bit of digging yourself.
You'd be surprised what you can turn up on the relevant Council websites regarding planning.

Just done one myself that has the scammers banged to rights. This info will be presented to the landlords to let them deal with it as they are the ones who will have to deal with the council.
Other evidence of wrong doing has been passed to relevant authorities.