Panicking about Excel Parking Services PCN

bod1467

BPA don't, POPLA do.

I'm going to have to learn to type quicker.

BenCr

Okay, it's taken me a while to get round to writing the letter but I intend to send this to Excel Parking Services and a complaint to CSA about Roxburghe.

Here is the body of the letter I was planning to send to Excel. Should I also send this to the BPA and Roxburghe?

I was very disappointed to receive another letter from Roxburghe in response to this parking charge. I clearly stated in my previous letter, this charge is disputed and therefore, as stated in the CSA code of conduct recovery activity should be ceased. The dispute is not with Roxburghe but with Excel, any decision about appeals should be made by Excel. Due to the fact that I’d explicitly stated this in the letter and asked them not to contact me and and due to the fact that Roxburghe chose to ignore that, I’ve raised a complaint with the Credit Services Association.

With regard to the parking charge, the Protection of Freedoms Act 2012 states that the notice to keeper must be “given by sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period”. It goes on to state that the relevant period is “the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given”. The notice to keeper sent by Excel Parking Services was dated the final day of that period. If the letter was only written on the final day of the period then it’s impossible to have been sent and delivered within the period.

BenCr

Sorry, I didn't notice your latest post on this thread, I didn't realise it had gone to a second page.

BenCr

Okay, I've emailed Steve C and filled in a complaint form for the CSA. I'll pop the complaint in the post tomorrow. Hopefully this'll be the end of it.

Thanks
Ben

BenCr

The BPA have investigated the complaint and have closed it because Excel have a disclaimer on their letter warning that their rights under POFA no longer apply if it is served after the 56 days.

I don't think that just closing the complaint is enough, if Excel knew that the letter was going to be late why were they allowed to instruct a debt collector and threaten court proceedings. I'm going to reply to the BPA to that effect.

Coupon-mad

So the question is, why are they still harassing the keeper when harassment is unlawful? Write to Excel and state clearly that this is harassment of the wrong party and that if they persist you reserve the right to claim using MCOL for your expenses, like this:


'' If you insist upon taking the matter further and continue with any communication to me as registered keeper I must inform you that I may claim my expenses from you. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs. ''

BenCr

I replied to the BPA along those lines and they told me this...

Please be advised the operator can still pursue the keeper of the vehicle without relying on the provisions set out in the Protection of Freedoms Act 2012.

The worst case scenario, the operator can take you to court on the reasonable assumption you know who the driver was or you were the driver at the time of the alleged contravention. This is then up for a Judge to decide on who is being reasonable. Please be aware, the provisions contained within the Protection of Freedoms Act 2012 cannot be used.

I assume this is nonsense, they can't take someone to court without the backing of some law or everyone would be claiming for all sorts of "charges" willy nilly.

bod1467

Anyone can take anyone else to court if they wish. Whether such cases would have any merit is another matter entirely.

BenCr

This is just dragging on and on.

Excel have finally got back to me about my initial letter. They've rejected my appeal which back then was simply based on this being a ridiculous charge rather than a legitimate charge for loss of earnings. Apparently £100 is a "reasonable charge for liquidated damages in respect of a breach of the parking contract".

They also state that based on my appeal letter "it's reasonable for us to assume you were the driver", this seems a bit of a stretch to me, I specifically mentioned "the driver of my vehicle" and never said I was the driver.

As a gesture of goodwill they have offered me the reduced rate again,that might mean they're not expecting to get anything in court and are tempting me with a bit of a carrot. They've also offered me the option of appealing to POPLA. My initial letter asked them to provide me with a POPLA number if they rejected my appeal.

I'm tempted to write to them and say "take me to court or leave me alone" but I don't want to make them angry enough to actually take me just as a tester.

Redx

if they are offering popla, reply with the usual type of letter or email; like this

Dear PPC

I am as the registered keeper of ( reg) and in receipt of your notice to keeper xxxxx dated xxxxxx, all liability to your company is denied, so as the RK I wish to invoke your appeals process on the following:

1) This charge is not a genuine pre-estimate of loss
2) You do not have the authority or permission to give these invoices to motorists
3) Your signage is inadequate, and does not comply with the BPA Code of Practice

You are therefore invited to cancel this charge now, or supply a popla verification code to appeal to them on rejection, where you will be asked for a detailed breakdown of the above. As you know all appeals on the points above are upheld.

Please confirm cancellation within 35 days of the above date

Faithfully

The registered keeper

then you win it at popla with advice from here as per the newbies sticky thread

if they already gave you a popla code and pack, then use it and draft a popla appeal up on here