Where do I start? Excel, Peel Centre, Stockport

felicity1

Parked in March 2013 and entered incorrect registration (rk thought it funny to type PI55 OFF as the registration plate). Anyway, we now have approx 8 or 9 letters, latest is threatening court action (thank you to posters who replied to my post asking if this was a LBCCC). We still have the original ticket with the incorrect reg entered and payment showing of £1.00.

I fully realise we should have followed current advice and not ignored the letters. But that is precisely what we have done.

I am now thinking of replying to Excel/the debt collector because I fear their next step is a LBCCC (does this have to be sent recorded delivery?) and have been on this forum since 1800 today trying to work out how to go about it. Am I simply too late to reply, sorry, have read all the stickies and put Peel Centre into the search facility and am still confused as where to start.

Any advice is gratefully received.

Thank you

Redx

ignore the DR letters as they cannot take you to court, only the creditor can, or their legal agents

as for the receipt, scan it , copy it , keep it

now read the sticky thread , 4th one down at the top of the forum , called NEWBIES - READ THIS FIRST (I assume you havent) - tells you all you need to know

in theory its too late to appeal it now, although you could ask for a popla code but they are unlikely to give you one !! more chance of you winning the lottery !! lol

ps:- this one is similar https://forums.moneysavingexpert.com/discussion/4854601

or this one https://forums.moneysavingexpert.com/discussion/4854601

another one https://forums.moneysavingexpert.com/discussion/4846419

this forum is littered with them, and with advice too , starting with the CM sticky thread ! https://forums.moneysavingexpert.com/discussion/4816822

for forum members and for further info, the original thread is here https://forums.moneysavingexpert.com/discussion/4853947

coupon-mad and others mentioned what you should do, as well as explaining the situation within the previous thread I linked to

felicity1

Thank you for taking the time to reply, much appreciated.

I must be thick, because I have read the NEWBIE thread time and time again and I am still struggling? What do I say to Excel? Do I just copy the letter 'I typed the wrong registration in'?

Redx

you could just send a copy of the ticket as RK , simple as that, saying something like you had not realised the wrong reg had been entered by the driver, asking them to cancel the charge or issue a popla code

you paid for parking so even if it went to court you have your proof with the original ticket

its never too late to appeal to the ppc, but they may just laugh at you and tell you to contact the DR - blah blah

the real point is that if you try to settle the matter now and they refuse , it looks better in court, for you

in your case its also an idea to complain to the peel centre manager with the email address from the sticky thread too, also enclosing a copy of the ticket, and insist that they cancel it seeing as you paid for a ticket so no loss occurred

you really need to be more pro-active with this, make it go away, or give yourself a better chance of it being dropped at LBA stage, or in front of a judge

if the RK was not the driver, the RK could name the driver and reset the clock, and the driver then appeals and then get a popla code , providing the first notification was the NTK in the post (not a windscreen pcn)

ps:- this one is similar https://forums.moneysavingexpert.com/discussion/4854601

and post #17 here https://forums.moneysavingexpert.com/discussion/4852905 gives you an idea what to write, just add your bit in as explained above (unless you are naming the driver which requires a different letter) https://forums.moneysavingexpert.com/discussion/4830074

Coupon-mad

felicity1 wrote: »

Thank you for taking the time to reply, much appreciated.

I must be thick, because I have read the NEWBIE thread time and time again and I am still struggling? What do I say to Excel? Do I just copy the letter 'I typed the wrong registration in'?

Yep you could copy that example, don't remind them you are appealing late. So it could be a simple matter of emailing thus:


"Dear Excel,
Re PCN number xxxxxxxx vehicle registration xxxxxxx
I am the registered keeper of the above vehicle which was parked with full payment and authority at the Peel Centre on the occasion mentioned in your letters. The ticket is still available so please see attached copy, proving that payment was made. When I checked the ticket it was apparent that one letter of the registration number was entered incorrectly, as you can see.

I know that you are required by the BPA Code of Practice to make checks to make sure that PCNs are not issued in error - so you should simply be able to make the necessary checks now and you will indeed find this payment. I am also aware that following a Watchdog Daily programme earlier this year, your spokesperson assured the BBC that Excel do 'recognise that motorists may input an incorrect digit(s) of their VR number when purchasing a P&D ticket and as such our processing allows for a manual review/quality check of PCN’s before they are issued.'

It seems your manual reviewer has slipped up, just as the driver did with an error not being noticed. No harm was done and no loss caused to either party by these minor oversights by your manual checker and the driver. Please cancel this charge or provide me with a POPLA code so I may appeal. If you do not provide me with a POPLA code and continue to pursue this matter I must inform you that I may claim my expenses from you and my time at the court rate of £18 per hour. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. and lost income if I have to attend a hearing. By continuing to pursue me you agree to pay these costs when I prevail at POPLA/court. Take note that my costs, and damages for distress and harassment, will form a counter claim if you decide to take the matter to court, since you have been informed that there was no loss nor contravention on this occasion.

I will not respond to letters from any third party debt collector but they will constitute harassment on the part of Excel if any such contact continues into 2014.



NAME AND POSTAL ADDRESS OF REGISTERED KEEPER




Then for goodness sake don't panic when you get the auto-response that everyone gets, as you will no doubt have read about on other 'Peel' threads.

Redx

as above ^^^^^^^^^^^^^^^^^^^^^^ perfecto !!

whatever happens, dont panic, come back and let us know their proper response - good or bad

ignore DR for the moment - especially as you have ignored them for months anyway LOL

felicity1

I just wanted to come on and say a big 'thank you' to the posters who have replied and offered me some excellent advice, not to mention some excellently worded letters.

I have taken your advice and emailed both the ceo at Peel Centre, Stockport and Excel Parking. I will update you as and when.

Fully accept it should not have got this far, wish I had appealed within the 28 day period at POPLA. Never mind, and thank you again for your excellent help and advice, much appreciated.

Big_Bad_Dad

Hello Felicity, and to all those who have responded...

I have read the first post but not the replies so I apologise if my comment is yesterday's headlines.

The only leg a parking company has to stand on is the Protection of Freedoms Act (POFA). Any nonsense outside of this legislation is a return to pre-POFA conditions, in other words not a cat in hell's chance for your antagonist since a keeper would not even need to name the driver.

I have a tiny amount of post-POFA experience with fake parking tickets (such as yours) where akin to the old bad habits, the parking company passes its case onto a private debt collector instead of get straight on with the LBC+legal proceedings in event of no reply.

As you have been advised, ignore debt collectors, but don't ignore the debt collector's letter - I don't mean pay it, I mean hold onto it as it might be the killer blow.

Tell me, these letters you have from the collection agencies, have they by any chance inflated the demand sum (for the purpose of their intervention)? And if so, does that demand exceed the original parking ticket?

If your antagonist party is pushing the keeper in accordance with POFA (no driver having been identified within 28 days of notice to keeper) - here is the legislation on maximum charge:

"The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 8(2)(c) or (d) or, as the case may be, 9(2)(d) (less any payments towards the unpaid parking charges which are received after the time so specified)."

This does not mean the amount specified on signage is payable just because it is written (that is only valid if reflecting actual losses) but what this stipulation does mean is precisely that your enemy cannot legally push for a penny over the amount on the signage itself. Once a debt collector has slapped on his own arbitrary fee in excess of the full charge, no more POFA, Goodnight Vienna. I know that some debt collectors still do this hence the reason I continue to ignore some scammers.

Is the collection agency pushing for a greater sum than the full parking charge?