newlyn debt collectors, parking fine.

Coupon-mad

In your complaint did you actually say who was driving? Hope not...seeing as we have pointed you in the direction of the sticky threads already and told you not to pay.

If you think it was another driver then name the driver now (we can show you a letter to use) which rewinds the appeal clock.

Redx

my earlier point about appealing to the landowner or managing agent was supposed to be done if you had a valid reason for this "contravention", like say using the shops or food outlets on the Peel Centre which proves patronage , so if you were in Currys buying goods and have receipts you could have said so, not just an appeal hoping against hope that they cancel the charge , clearly Excel were unlikely to cancel it without some arm bending from the Peel Centre which would only happen for a valid reason (I dont see any appeal reason in your recent post)

even if the charge was valid due to non-payment, the fact is that the charge is not a genuine pre-estimate of loss as can be seen by the number of people that win at POPLA, or that Excel never produce a valid contract either

clearly you could have won on those counts alone, IF you could have a popla code, but getting that code may be a problem unless you can do as coupon-mad says

there again, how many of us would do things differently if we could wind back the clock ?

you are now pushing treacle uphill with 10 miles to go, whilst cleaning the roadway behind you with a toothbrush !!

perhaps its not to be, but if you can rescue the situation at this 11th hour, then do so in the manner advised by all of us who have responded

ash_gsi

yes i stated i was the driver, a big mistake now. and i made clear, i went into toys r us to buy a present for my now ex girlfriends child. i have no receipt for this, but proof of purchase is on my bank statements.

i Literally parked outside toys r us, went and got what i needed and left. no messing about. it coudl understand if i had been there hours and not paid and went to use other shops and services out of the area, but i used there shops and bin and gone within half an hour at the most.

here is the email i sent to peel land owner, and they forwarded it onto excel.


Dear Sir,

I am writing in regarding many parking charge notices i have received from (Text removed by MSE Forum Team) demanding £166 which i believe have escalated from an earlier PCN i have not received. Making it unable for me to appeal the ticket.

Time and date - xxxxxx
Reg number - xxxxxx
Ticket Number - xxxxxx

I had the belief that the peel center car park was free after 8pm. Which now i have found out it is not due to these numerous threatening letters i received demanding money from me. Also threatening me with court action.

With the influx of these letters being received i believe i have a case for harassment and distress. which i fully intend to take up if i keep receiving these letters and threats demanding money of me, which i think is an outrageous amount to pay for buying a pay and display ticket.

Anyhow i do not wish to pay the sum and i would ask kindly that you could contact Excel Parking and cancel the PCN based on the grounds that.

- No great financial loss has be occurred.

-I feel I have a case of harassment to be taken into action if i keep receiving these letters.

-It is an outrageous amount to pay compared to the cost of a pay and display ticket.

-I parked in your car park, to you the facilities in your area, where i went into toys r us, to buy a present for my girlfriends son, coming to £79.98. So i had the intention of using the car park to use your shops and spend my money in the shops in your area. Which i believe warrants just one missing ticket not paid for. it was not as if i abused the use of your car park and went to shop elsewhere not in your area. i had every intention of using your shops which i did and it was convenient for me to park my car there outside toys are us.
if i had known id have had to pay i would have. But now knowing i have incurred this fine coming to outrageous cost i would like this PCN overturned and cancelled.


So if i could ask you please not to ignore this and perhaps refer this letter to Excel Parking it would be greatly appreciated. As i feel the fine they are asking is to much and they are using threatening tactics to get money out of me. And I hope this matter can be put to rest and the PCN canceled.

I look forward to a reply from you.

Yours sincerely,

(Text removed by MSE Forum Team)

or maybe the fine is just punishment for not acting quick enough on time and ignoring them.

Redx

I would not have put this part in

So if i could ask you please not to ignore this and perhaps refer this letter to Excel Parking it would be greatly appreciated. As i feel the fine they are asking is to much and they are using threatening tactics to get money out of me. And

your appeal was to the manging agent, not just to be forwarded which it appears they have done, which is what you asked !! unfortunately they have passed the busk to excel instead of cancelling it, but you did ask them to do this

should this go to court, then clearly you need the bank statements as proof of good intent and patronage, to try to deflect the parking charge

so as you now have your excel reply I am not sure that the peel centre will deal with it yet again

in which case unless anybody else replies with help you may have no option but to wait for any LBA or LBCCC and deal with it before or during court

there is no fine, its a parking charge they issue to everybody, they then inflate it according to the response (or lack of response), its nothing to do with you personally as they do this with everyone that ignores them

Coupon-mad

You posted just a week ago and your replies included:

Redx wrote: »

plenty of info already on here as the forum is awash with similar threads and posts

there are at least 2 sticky threads at the top of this forum with specific advice about this, including the newbies thread , so what you should be doing is reading those sticky threads, also use the search forum tool for similar threads too

And yet rather than read the sticky information threads (one of which is specifically about how to complain as KEEPER NOT DRIVER) you sent a complaint naming yourself as the driver after all this time...and asked the Manager to share the information with Excel, a firm which does try small claims sometimes. And now they know you were driving so they don't even have to prove they complied with the Protection of Freedoms Act now. You have made things much easier for Excel but they are still beatable if you are up to it.

Are you up to taking advice on how to defend a small claim? I am not sure you are because you fired off that letter without simply reading the sticky thread advice. But that's not a reason to pay whatever stupid amount they are trying to charge as they are beatable in court if you are up to it now. If you are up for the fight (which will NOT be about how much you spent) then start reading court defence threads on pepipoo:

http://forums.pepipoo.com/index.php?showforum=60

You may need the information in the New Year. You haven't got a fine.

ash_gsi

i think i may aswell bury my head in the sand with my stupidity.

Coupon-mad

I would actually wait and see like Redx says, and be ready to respond to a Letter before Claim (with our help this time). You could also search the forum for 'Peel' and read other Peel Centre threads which date from around your time (Feb) through to July when they changed their signs.

Martin Cutts beat Excel in court over the old signage:

https://forums.moneysavingexpert.com/discussion/3490245

Excel can be beaten - in October a disabled guy beat them over not displaying his Blue Badge, after he had lost at POPLA and he'd admitted he was driving. Excel still lost.

ash_gsi

The letter i received from newlyn headed "DO NOT IGNORE THIS LETTER - COURT ACTION PENDING" is this what you cal a LBCCC?

And when they say i am "IN BREACH OF THERE CONTRACT" am i not in breach as i have not payed and parked there. Because to be in breach don't i have to agree? Or am i agreeing just by parking there but in breach for not paying?

ash_gsi

Excel have not sent anymore mail either, just numerous debt collector agencies.

Coupon-mad

A letter from a Debt collector is not a LBCCC, no. Only a PPC or their solicitor could issue a compliant LBCCC.

I would just wait and see what arrives in the post (keep it all). Have a look at the LBCCC thread if you get a Letter before Claim/Action from Excel.