Excel ignored PCN advice

LoveNorfolk

Having looked on Parking Cowboys, granted it may be out of date with the changes? I don't know when it was written, but would you suggest doing as it says on there and writing to the debt collection agency with a letter denying debt and not making a payment with the absence of a county court judgement?

[FONT=Times New Roman, serif][My address][/FONT]






[FONT=Times New Roman, serif][Today’s date][/FONT]




[FONT=Times New Roman, serif]Your reference: [Reference from the debt collection letter][/FONT]




[FONT=Times New Roman, serif]Dear Sir / Madam,[/FONT]


[FONT=Times New Roman, serif]I received your letter dated [Date from their letter][/FONT]


[FONT=Times New Roman, serif]The debt is denied and I will not make any payment in the absence of a county court judgement. Please refer the matter back to your client.[/FONT]


[FONT=Times New Roman, serif]Please do not contact me again. Any further correspondence from you will be considered harassment and will be reported to the appropriate authority.[/FONT]




[FONT=Times New Roman, serif]Yours faithfully,[/FONT]






[FONT=Times New Roman, serif][Your name]

I know it's a judge I would have to convince, but everyone I have spoken to and showed the photos/map to cannot see how the car was anywhere to cause an issue.
[/FONT]

Redx

I would read and follow the advice in the sticky thread by lazydaisy (a retired solicitor) , also any other suitable advice , but as I understand it you ignore them until an LBA arrives, or a LBCCC

I am no expert though

LoveNorfolk

I also have to laugh really, as if they do not class the space the car was in as space and because feasibly there is no possible way I was causing an obstruction, they actually made £2.50 more than they would have done by the car being parked there!!

LoveNorfolk

Just been doing a little collecting together of details in a word document in prep for any further correspondence, when I came across something I thought might be interesting?

Could be nothing, but any little thing that means that they are incorrect helps of course!!

On the original Parking Charge Notice, there are many options for what the contravention is. Now as I have mentioned before it says it was issued due to 'Obstructive Parking' (written next to Other), ticking box 'A0'.

A couple of other options are:
'Parked in an restricted area of the car park'
'Parked incorrectly within the markings of the bay of space'
'Parked beyond bay markings'

Yet they chose to go with Obstructive Parking, but in later letters (not from Excel) this was changed to 'Parking in an restricted area of the car park'.

Is this because they decided the car wasn't actually obstructing anything. Either way, surely it should be the same reason as what was originally stated, as that is what I am disputing. Throw in the 'restricted area' bit too and I'll fight that too, but they don't seem to know what the car was doing?! They aren't disputing that it wasn't parked in a space, yet say it was in a restricted area?

Redx

it would only be restricted if the signs and markings said so

clearly they have changed the contravention, so may actually lose if it goes any further , but you never know until the day of judgement what a judge will do, if they dont have the legal authority to take you to court it may not even get as far as arguing about parking spaces

LoveNorfolk

Cheers for that. They totally picked on the wrong person as I will not go down without a fight and am fully prepared to go to court should that be the case. I also have a witness as there were two of us at the time with the car. Needless to say they lose money now as I never go to park there!

Redx

if you havent read it yet, settle back and read this saga that actually went to court recently - note the outcome ,

https://forums.moneysavingexpert.com/discussion/4820510

LoveNorfolk

Well, I'm sure they have shot themselves in the foot somehow changing the contravention. Would the court find out the agreement with the landowner and Excel or that up to me? As I said, I have no idea who would own it. I know what the factory was that was there before it was demolished (that was years though), but the area around it is shortly to be redeveloped and due to the nature of the redevelopment wonder if the car park might be closed/relocated or at the very least changed from what it is like now.

nigelbb

Is this car park actually in Norfolk or does your username just reflect your affection for the county where I live?

Redx

I would say that all this can be challenged if you receive an LBA by using info from here , and you would have to formulate your requests in this matter to include stuff like this in order to make them prove who the landowner is , the right to form a contract with you, the signage etc

the one on BBC watchdog about the infamous Peel Centre in stockport and Excel was won on signage at court , so have a look at that too , info all over the place on that saga