Company car/Excel & Roxburghe

Umkomaas

Did your employer write to Excel as well as Roxy? It is for Excel to take this forward once the RK discharges any liability under PoFA 2012 by naming the driver?

If he hasn't done this, you can write to Excel saying that your employer (the RK) has passed you the NtK as you were the driver on the day and any further correspondence will be handled by you.

You must head-off your employer from coughing up, otherwise it's game over.

andylong42

My employer sent a copy to both apparently.

What should I do now?

Umkomaas

andylong42 wrote: »

My employer sent a copy to both apparently.

What should I do now?

As per my previous post:

[STRIKE]If he hasn't done this,[/STRIKE] you can write to Excel saying that your employer (the RK) has passed you the NtK as you were the driver on the day and any further correspondence will be handled by you.

They should then recommence the whole process by issuing you with a Notice to Driver which should restart the appeals and timescale clocks.

Please note the *shoulds* above. This may not flow so easily in practice, but it is the correct process, so it should!

andylong42

I have also emailed Kevin Keigher (property manager at the Peel Centre) pleading my case and also Excel reinforcing the fact they should deal with me.

I told Kevin about the stress and harassment, especially with it coming from my employer and the fact I will use the Trafford Centre in future due to this problem. Not sure where that will get me!

The Excel email went to info@excelparking.co.uk. All other contact pages are conveniently not working on their website.

Coupon-mad

Your employer should simply follow it up on headed notepaper by snail mail (not email, this is a formal matter, have some Managers at firms forgotten how to respond by letter for formal matters?!). The employer should state that they have named the driver which discharged their liability under POFA 2012 and any further contact with them - the company and keeper - will be harassment because clearly the company wasn't 'the driver' and POFA 2012 only allows a PPC to pursue a keeper if the driver is not identified before proceedings commenced.

They could then end with the wording suggested by the Parking Prankster, to suggest they will start charging for their expenses and time:

http://parking-prankster.blogspot.co.uk/2013/12/laying-groundwork-prior-to-reclaiming.html

The last thing the employer should do is pay this rubbish which is YOURS to appeal/rebut/deny/laugh at. They have no lawful business to pay this now it is YOURS.

bod1467

Might be worth also checking your Car Policy (or whatever your company calls it) regarding "fines".

I also have a company car and our policy specifically talks about fines. A PARKING Charge Notice is a speculative invoice ... I have already notified my company, and the lease company, about this situation and that NO payments should be made as regards such events unless it is specifically a PENALTY issued by a lawful authority. And even so, ANY such request should be forwarded to me for handling rather than paying up and trying to reclaim from me.

(The policy allows them to reclaim from salary, but ONLY for fines. Doing likewise for a parking charge notice would be tantamount to theft).

andylong42

Update on this. I have received an email from the Peel Centre stating that they contacted Excel and have transferred this from my company to myself. She has said the "fine" will stand however so I will politely recommend that whilst they employ a bunch of cowboys to look after their carparks, people should consider using the Trafford Centre instead.

Looking forward to getting the letter from Excel. As all previous letters have been addresses to the "registered keeper" and not myself, what's the chance of the first letter I receive demanding payment of £160 (the current made up speculative invoice value) and not the original £40 (initial made up speculative invoice value).

Having read through these forums, I am actually quite looking forward to having some fun with these muppets when (or indeed if) the letter arrives.

andylong42

Just a quick question - I have read through a lot of this forum and most people appeal and win based on the likes of "no signage", "machines covered up", "paid, but put wrong license number" etc etc.

I openly admit that I parked, didnt buy a ticket and received a ticket in the post. In this cut and dried case, is it winnable or do I just bite the bullet and pay up?

I have just emailed Nicola Dearden at Peel requesting she sees sense from a customer relations angle and cancels the ticket so will see what happens.

kirkbyinfurnesslad_2

No isnt cut and dried as you put it
As the clock has been reset you will now get a chance to appeal and win at popla
Winning at popla isnt affected by what you did or didnt do on the day

Umkomaas

andylong42 wrote: »

Just a quick question - I have read through a lot of this forum and most people appeal and win based on the likes of "no signage", "machines covered up", "paid, but put wrong license number" etc etc.

I openly admit that I parked, didnt buy a ticket and received a ticket in the post. In this cut and dried case, is it winnable or do I just bite the bullet and pay up?

I have just emailed Nicola Dearden at Peel requesting she sees sense from a customer relations angle and cancels the ticket so will see what happens.

All that Excel can invoice you for is their genuine pre-estimate of loss (forum shorthand GPEOL). In fact, it should really be the organisation to whom the actual parking fee (the amount which you should have put in the machine) was payable.

But for the purpose of the example, let's assume Excel would have the parking fee (for managing the car park), then their GPEOL would be in the order of:

Parking fee £4.00 (or whatever it is)
Cost of getting your data from DVLA £2.50
Stamps, stationery, printing ink in writing to you (a generous) £8.50

Total £15.00. NOT £100 (or the reduced £60) and definitely NOT £160.

So GPEOL is the silver bullet at POPLA appeal, and will win every time, provided the Excel ticket is for breach of T&Cs, failure to comply or similar, and you word it all correctly - see sticky POPLA Decisions to get a feel for how to word these (start at the most recent and work back).

But first things first, you should now receive a Notice to Driver from Excel which you will need to 'soft appeal', get POPLA code, draft POPLA appeal, let us appraise it get it off to POPLA, appeal upheld, charge quashed, you come back, thank us for our help, you then get on with the rest of your life, and we move on to the next 'caught out' motorist .

The NEWBIES sticky will guide you through this.

HTH