Excel ignored PCN advice

LoveNorfolk

No it's not, my username is just an affection, although I would love to live there! Go on holiday to Wells every year!

Redx

I assume you are in E+W though ?

if so, check this post here https://forums.moneysavingexpert.com/discussion/comment/63291442#Comment_63291442 as you can see the sort of challenge that went in to popla, and won

also this one too https://forums.moneysavingexpert.com/discussion/4830466

the challenges would be similar with you too

if you wish to , check what the stickies say about DR letters and denying the charge and liability , referring them back to the creditor / originator

but still best to prepare your paperwork and defence details as it would not be any different to a popla challange

LoveNorfolk

Yes I'm in England.

I shall have a look Ta

Redx

some good legal points in this thread too

https://forums.moneysavingexpert.com/discussion/4830466

LoveNorfolk

Could I just clarify something please?

The time scale between the date of the contravention to the date that the letter (is this the NTK?) from Excel is issued has to be within 14 days? If this is the case, they exceeded it. There are 54 days between the PCN on the car and the letter from Excel saying not to ignore the notice, with the details of the contravention.

I must apologise, but I made a mistake earlier, the PCN did state the 'Obstructive Parking' as mentioned, but the letter from Excel states 'Parked in a restricted area in a car park. So it's Excel themselves who have decided to change what the contravention was classed as from the original PCN. And since Excel weren't there but the person who filled it in was, what right do they have to change it?!

Redx

LoveNorfolk wrote: »

Could I just clarify something please?

The time scale between the date of the contravention to the date that the letter (is this the NTK?) from Excel is issued has to be within 14 days? If this is the case, they exceeded it. There are 54 days between the PCN on the car and the letter from Excel saying not to ignore the notice, with the details of the contravention.

I must apologise, but I made a mistake earlier, the PCN did state the 'Obstructive Parking' as mentioned, but the letter from Excel states 'Parked in a restricted area in a car park. So it's Excel themselves who have decided to change what the contravention was classed as from the original PCN. And since Excel weren't there but the person who filled it in was, what right do they have to change it?!

its 14 days if NO pcn was issued (the ticket on the windscreen)

I think its something like 56 days IF a ticket / pcn is placed on the vehicle

so a short time of the driver has no idea, a much longer time if the driver has the ticket on the date of contravention

your last point is a moot point that could only be decided in court , until then its speculation, unless there are other legal precedents already set

in other words, if its never been debated and ruled upon, yours could be the first !! they may argue its one and the same thing

LoveNorfolk

Just out of curiosity Coupon-Mad has recommended to another poster to write to DRP and deny the charge and that you will robustly deny anything and will only respond to a LBA from the original 'claimant?' Should I be doing this too?? Or do I just sit tight and see whether a LBA materialises anyway or whether they crawl back into the woodwork?

Coupon-mad

It's up to you - and you could report DRP like in another thread...but equally people have ignored DRP and Zenith letters for YEARS. Clearly this junk mail is bothering you more than it should, as I just explained to other posters.

Can I just show all 4 of you who are going round in circles about poxy DRP junk mail, each other's threads so you can compare notes by pm instead?

http://forums.moneysavingexpert.com/....php?t=4818413

http://forums.moneysavingexpert.com/....php?t=4832773

https://forums.moneysavingexpert.com/discussion/4834502

I for one, can't keep commenting on these identical 4 threads as this is ONLY about junk mail and there are people with new PCNs who need to help to appeal. We get this same type of thread every week and it's already covered on the sticky threads what your options are now.

People have ignored this letter chain for YEARS.

The only difficulty you have is that in your case Excel do once in a blue moon try a small claim but if that did happen it's defendable and not worth worrying about just because your data is among thousands wallowing in their databanks right now. Just wallow if you prefer, forget it and resolve only to respond to a real LBC or small claim papers - which is a stance people here have taken perfectly safely for many years. look at the OLD letter chains examples (from the PPC letter chains sticky thread):

https://forums.moneysavingexpert.com/discussion/2329119

Look at the still-working links in that thread to any PPC which used DRP and Zenith letters in 2010/11/12...not much change there then?!

And these threads tell you more:

https://forums.moneysavingexpert.com/discussion/3829727

http://forums.pepipoo.com/index.php?showtopic=78495

https://forums.moneysavingexpert.com/discussion/comment/63774734#Comment_63774734

What can I say, stop fretting and get on with your life. We've all been there done that, ignored such letters without flapping, I carry examples in my handbag to show colleagues about the whole scam when I used to ignore these. You just missed the chance to appeal that's all, at a time when it would have worked. This is NO BIGGIE. I cannot believe a thread about these poxy letters can go to two pages, round in circles about nothing.

Please post any questions if something really new happens (not just the next letter in the chain) but going round in circles on 4 threads is not getting anywhere.

LoveNorfolk

Duly noted. Thank you all so much for your help. I shall only come back if something substantial drops through the letterbox! I guess it was just a bit kinda like 'ooh advice has changed, crap + panic!' otherwise I'd have been happy to carry on ignoring lol.

I shall have a look at those threads you linked, I have looked at other threads and there do seem to be a fair few who have had letters from DRP lately!

I apologise if I have given you hair pulling sessions with my hapless questions!!:o

To Christmas and the deathly silence of DRP/Excel giving up!
Thank you
:beer:

Coupon-mad

Happy Christmas!