Panicking about Excel Parking Services PCN

Coupon-mad

No - I would seize the chance to say more than that. If it does end up in a small claim a response from you now looks reasonable (and the address is then given too).

I would write as the registered keeper - same letter to Excel and to Roxburghe - and challenge the charge even though you are technically too late to appeal. Write and hook them into correspondence to the right address.

Say 'what is this all about, surely Excel or the shops can't have made a loss of that amount if they are alleging a driver overstayed by a few minutes?' and you are disputing the charge so remind them that this means Excel must reply (and by the way your address is xxx xxxxxxx xxxxxxx) and Roxburghe must return the file to Excel. Finish by saying you will report Roxburghe to the OFT if they continue to harass you now they know the charge is denied and disputed.

Then show us what Excel come back with (at least it would be to the right address). Maybe they'll send you their template reply pretending you have to name the driver which might give you enough to complain about to the BPA to get it quashed.

BenCr

Okay cool, I'll get on with it tomorrow. Also I've found a way to find out the landowner for £3 on the land registry website so might get their details too and send another letter to them

Thanks

BenCr

How does this look? I'll get it in the post to both of them tomorrow.

Dear “The Manager”
I have recently moved house and in the process some post has been delayed in reaching me. My landlord recently presented me with two letters; one from Excel Parking Services and another from Roxburghe.
The letters are in relation to a driver of my car being “parked after the expiry of time in a pay and display car park”.
I would like to dispute the charge of £100 (or £160 according to Roxburghe) for overstaying a few minutes (the letters don’t state how many minutes). It’s seems to be ridiculously excessive. Excel Parking Services or the landowner can’t possibly have incurred a loss of anything like that amount. £100 equates to approximately two weeks continuous parking, £160 is more than 3!
I am also sending a copy of this letter to Roxbourough. Roxburgh should no longer need to be involved in this process as I’ve now disputed the charge with Excel. If Roxburghe continue to send harassing letters now that the charge is disputed I’ll inform the OFT.
Please note that my new address for correspondence is at the top of this letter.
Kind Regards
Me

thanks

Coupon-mad

letter to Roxbourough. Roxburgh

Just a couple of typos where you need to change it to 'Roxburghe'.

Also I would finish by stating 'please consider this my appeal to Excel since I have only just been served with the Notice. Please either reject or accept this appeal and if the latter, include a POPLA code. Roxburghe must not reply as I insist on no further contact from them as the charge is disputed.'

BenCr

Cool, thanks for all your help.

I've found the landowner too, it's these guys. http://rpi-property.co.uk/

I'll try and find some template letters to landowners and get something sent to them too.

Coupon-mad

Start with the 'Successful complaints' sticky thread, top of the forum. It's what sticky threads are for and I posted a template ranting complaint in post #3 there.

BenCr

Hi

So I've received a response from Rosburghe from the letter I sent.

It says "the time for appeals has expired and it's now necessary to settle the outstanding amount".

http://i.imgur.com/Hw7UMWQ.jpg

Coupon-mad

Report them to the Credit Services Association (Google it) for not responding correctly to a disputed 'debt' situation which (under the new CSA Code of Practice) should have been treated as a complaint/dispute and returned to the originator. And the time to appeal had not expired because the Notice to Keeper from Excel had only just been served to the keeper, which can be corroborated by the person who forwarded the mail from an old address.

By the way, was the first letter from Excel DATED 5th Sept or RECEIVED at the old address on that date?

It's important to know which because if it was dated 5th Sept it was served too late for keeper liability. Which you can add to the CSA complaint ('Roxburghe can see from the dates of the Notices from Excel that the NTK was not served in time and so the keeper is not legally liable and they, Roxburghe, must cease and desist'). And which you can report to the BPA Ltd to complain and get them to call off Excel or to allow you a fair appeal as keeper as you only just got a letter they sent too late anyway.

BenCr

The initial letter is dated 5th September.

Do the BPA allow appeals based on the charge being unfairly large?

Coupon-mad

BenCr wrote: »

The initial letter is dated 5th September.

Do the BPA allow appeals based on the charge being unfairly large?

The BPA do not consider 'appeals'. And NO, that's not what you'd report the PPC for unless the original PCN was over £100.

You seem to have missed my point? They had to ensure service of the NTK (receipt at your house, even the old house!) by day 56 after the incident, yet they only DATED it on day 56. Too late. So you report them in a COMPLAINT (not appeal) to the BPA for non-compliant late NTK and for harassing a keeper without justification, since they have failed the establish keeper liability in this instance:

[EMAIL="steve.c@britishparking.co.uk"]steve.c@britishparking.co.uk[/EMAIL]

...but remember not to imply who was driving! The BPA are on the dark side. Complain as the keeper without stating anything about the driver or event or ticket on the windscreen - so be careful NOT to say 'the letter was sent too late after the day I got the PCN'!! or anything similar....

And do the same to the CSA on their website, to report Roxburghe for breaching the CSA Code of Practice Oct 2013, by pursuing a debt they know:

- is disputed and

- where the Notice to Keeper was served too late and so POFA 2012 does not apply