excel parking/debt recovery plus

notonyournellie

Some help would be much appreciated please!

I have recently received a letter from Debt recovery plus Ltd, with a demand for £149.00 for not displaying a valid ticket in an Excel Parking Services Ltd car park in Keighley.

On the day I parked there, I called Excel, to let them know that their machine accepted my coin (50p) but didn't provide me with a ticket. A girl in the office advised me that I "would be placed on an Exceptions list for that day and that I will NOT receive any letters from excel".

This has not been the case.....

Without divulging specific dates, the day I parked was in May. I received a letter from excel in September (which incidentally indicated that it is a chaser letter - I never received the first one if it was at all ever sent), then more recently received a letter from Debt recovery plus.

I made a decision (rightly or wrongly) to ignore these letters as per some advice on older posts on this site, But it seems that this advice has now changed due to a Protection of Freedon Act 2012?

Now, my question is - Even though I feel I have a good case, Because I have ignored letters stating that I had 28 days to appeal, have I now left it far too late to start an appeal?

The letter I recently received is titled -Notice of intended court action, so it's quite deep into the process at their end it seems.

Don't know weather its worth mentioning but although I was the driver, the letters are going to my partner as the registered keeper, so technically the letters are pursuing the wrong person too.

Any help would be appreciated!! thanks

Redx

firstly, read the sticky thread NEWBIES READ THIS NOW at the top of this forum, above your thread , that should tell you what to do

it may be worth having the RK name the driver to reset the clock, that way you can soft appeal it to the PPC, then go to popla if and when they reject the appeal

mitigation wont work at POPLA so you will be appealing it on legal standpoints, even if you do mention the circumstances regarding the ticket and verbal exemption

one letter that may be important is the first NTK to the RK (your hubby) and the date it was sent and received too , this should have been received within 14 days of the "contravention"

if its never been sent out (or received) within that first 14 days, they are out of time and cannot pursue anybody for anything

I am assuming no PCN was attached to the vehicle on the day in question ?

you havent mentioned it so I am discarding that timeline for now

notonyournellie

Hi RedX

Thanks for the reply.....:) and the links to the Newbie threads, which are really useful.....

In answer to your further questions - Nothing was attached to the vehicle, no. All correspondence has been through the post.

The initial letter they claim to have sent was 100% never received at this end at all, never mind within 14 days.

When you say they cannot pursue anybody for anything, do you feel I should send a response letter to them with words to that affect?

Redx

yes, deny the debt to the DR company and refer them back to creditor

send a letter or email to the PPC and deny the parking charge as no PCN was issued on the day and no notice to keeper was ever received, most certainly not in the required 14 days deadline, so they have no cause to pursue the claim

also mention the phone call and tell them to check their records and phone recording devices etc, that you clearly followed their explicit instructions but they are not following those of the BPA (the CoP), who you intend to complain to if they do not cancel the charge

etc

Coupon-mad

''On the day I parked there, I called Excel, to let them know that their machine accepted my coin (50p) but didn't provide me with a ticket. A girl in the office advised me that I "would be placed on an Exceptions list for that day and that I will NOT receive any letters from excel''



This is daft and you should stamp this out and try to make something out of it if possible. I would write Excel a letter (get & keep the free proof of posting from the PO counter) saying you are going to charge them for your time seeing as this is their fault entirely and the continued contact is harassment. Read this:

http://forums.pepipoo.com/index.php?showtopic=85641

HTH

hoohoo

Write to excel giving driver details and address. That resets the clock and driver can then appeal, go to popla and win.