Ticket from Excel - advice please

Coupon-mad

phy7tes wrote: »

Thanks Coupon-Mad.

I've sent the initial response to Excel by email and received an automated response asking for the following:

1) The PARKING NOTICE SERIAL NUMBER This can be found in the top right hand corner of the Notice and will be prefixed, SERIAL No. XL/____________.

2) A FULL POSTAL ADDRESS that we can correspond with, as all decisions are conveyed in a letter to the motorist.

3) The FULL NAME of the motorist.

I've provided 1) and 2) but not 3) as advised. Should I send a further response or ignore?

The automated response says that they are unable to process the challenge / appeal unless they have all three items.

Thanks in advance.

ps. the PCN was received within 14 days of the incident.

That is only an automated acknowledgement, doesn't need a response - and after all they already have the registered keepers name and address matched up with that car reg and ticket number.

phy7tes

I have now received a direct response from Excel to my previous letter (based on parking cowboys template). They are offering me 3 options:

1) Confirm that I was the driver
2) Notify the driver that they need to appeal to Excel directly
3) Pay the PCN

Then in bold: That I should be aware that if I fail to provide a valid name and address that they will revert to the registered keeper for recovery of the notice in accordance with the protection of freedoms act 2012.

Should I respond to this? And if so how?

Thanks in advance.

phy7tes

Can anybody provide any advice re: my previous post. I'm relying on the regulars here to guide me as I am not familiar with the best course of action.

Thanks

Stroma

Did they give you a popla code ?

phy7tes

No they did not.

Stroma

Write back to them saying you've appealed, they've rejected that appeal! The Protection of Freedoms Act 2012 doesn't require them to know who the driver is, so either give the popla verification code within 35 days of the original appeal, or the challenge is deemed accepted under the BPA Code of Practice that they have agreed and signed to abide by.

If they reject that then a complaint to the bpa, dvla, popla, trading standards, ico and the local press would be done if it was me

phy7tes

I sent the initial appeal on the 8th July. Assuming that my appeal is valid and that they have 35 days to send me a POPLA code (from 8th July). Then should I bother sending a response or just wait for the 35 days to expire (which it pretty much has by now)?

Stroma

In that case they are out of time.

Write back and inform them that under pofa2012 they are not compliant, so keeper liability doesn't apply, and as you have no wish to name the driver the matter is now closed. Also if you receive any further correspondence in regards to this from or their agents you will deem as harassment under the protection from harrasment act.

They will no doubt reject that, would you be willing to send a letter before claim to them, the debt collectors and the service providers car park ? If you do are you prepared to go to court with this?

The alternative is to ignore their threats under the minute chance that they could raise a claim themselves

phy7tes

Thanks for the response. Can you clarify a couple of things for me please just so I fully understand.

• Are you saying they are not compliant with POFA2012 or with the BPA / POPLA Code of practice?
• I've searched on the BPA Code of practice and can't explicitly find the section which says that they have 35 days from initial appeal to provide the POPLA code. Can you point this out please?

I didn't understand the below paragraph, what do you mean by "send a letter before claim"?

Stroma wrote: »

They will no doubt reject that, would you be willing to send a letter before claim to them, the debt collectors and the service providers car park ? If you do are you prepared to go to court with this?

Thanks again.

Guys_Dad

Try quoting them this from the BPA CoP

Operator procedures

22.4 If a driver or keeper challenges a parking charge you must review the case and decide whether to:
• uphold the parking charge and explain why it was issued and should therefore be paid, or
• reduce or cancel the charge and take no further management action other than informing the driver.
22.5 If the driver is due a refund of any fees, you must include that payment – or written confirmation that you have made the payment – with your reply.
22.6 When you receive a challenge about the issue of a parking charge, you must stop work on processing the charge immediately. You must not increase the charge until you have replied to the challenge.
22.7 We consider it a reasonable timescale to allow 28 days from the issue of the parking charge notice (in whatever format you send it) to allow the driver, keeper or hirer to challenge the enforcement action.
22.8 You must acknowledge or reply to the challenge within 14 days of receiving it. If at first you only acknowledge the challenge, or your reply does not fully resolve it, normally we would expect you to seek the additional information you require from the motorist and accept or reject the challenge in writing not more than 35 days after the information required to resolve it has been received from the motorist. It is acknowledged that in exceptional circumstances, an investigation into a challenge may take longer than 35 days after such information has been received and in these instances the motorist must be advised accordingly and given a date by which they can expect a resolution. If this date cannot be achieved then the motorist must be written to again and a revised resolution date agreed. We may require you to demonstrate that you are keeping to these times