Excel Parking PCN for Peel Centre Stockport again. I wrongly ignored PCN.

Einstein_A_Go-Go

Hi All,

Been reading the threads here for quite a while, but I still have a couple of questions and need help deciding what to do next.

Summary of facts :

1. My car was parked at Peel Centre Stockport, sometime in early 2013 for 20-40 mins while driver visited KFC (will not aid PPC agents here with exact times)
2. I am the registered keeper RK but NOT the driver and nor was I present. My partner was the driver (driver did not see any signs about needing to pay for parking nor a meter or payment machine).
3. :mad:When PCN was first received in early 2013, I WRONGLY read old MSE posts from 2012 that advised to ignore the invoice. My Fault!:o
4. Received 2 invoices from Excel Parking which I dumped somewhere in my mountain of phishing useless paperwork I receive (I may need to make time to search for these soon I guess).
5. Chases followed from Roxburghe Debt Collectors and Graham White until mid summer 2013. Very strange that all these "independent" entities use the very same paper stock, text footer, printer setup, and software. I am sure it is just a coincidence.
6. In Nov and Dec 2013, I received single page letters from Newlyn Debt Collection Ltd. The last stating court action pending within 14 days if invoice not settled. Unfortunately I was away when that letter came in, and missed the 14 day they set:eek:. That is the letter that actually worried me enough to come back to this MSE thread where I found out that I had been lazy and foolish to only read a few old posts in early 2013 and so wrongly ignored the invoices issued.

So my questions are:

1. Can Excel seriously ever expect to argue that this letter from their Debt collectors is an LBCCC? Do anyone know if they have tried to do that before?

2. Most importantly, some posts here say because I have made the mistake of ignoring the original invoices and letters, then I should continue to ignore the rest and only respond if I receive a valid LBCCC or court papers. Others advise that I should name the driver now without further delay, then tell the driver to appeal when they receive the "PCN". What in your opinions is the best / safest course of action ?

I am very frequently away from home for work and these letters always seem to arrive in my absence, so I am constantly worried that I am going to miss an important real deadline one of these days.


Many thanks for taking the time to read this; more so if you can offer any advise / clarification.

Redx

this thread gives you the advice and links you need

https://forums.moneysavingexpert.com/discussion/4864594

the sticky thread NEWBIES tells you all you need to know about this

only the landowner or his managing agent or their legal eagles can take you to court , not debt recovery, despite what they say

you can only reset the clock if NO windscreen pcn was issued , it tells you that in the newbies thread too

in fact I rarely see a question that hasnt been answered in the newbies thread

hopefully all yours are answered in there

ps:- since they appeared in court and on watchdog a couple of years ago their signage has changed and so I dont see that anyone can say they didnt see the signs, but thats by the by now, a moot point

Einstein_A_Go-Go

Thanks for the very prompt reply Redx.

For the record, no windscreen PCN was issued, I only received it through the post.

However, as I implied in my original post, I have read the "NEWBIES!!.." sticky post by Coupon-mad and many other posts here, but I am unfortunately still unsure about how best to proceed right now.

This is because as I read them, some posts advise that if you have mistakenly ignored the original invoices/"PCN", then you should continue to ignore the other letters from debt collectors and only respond if you receive a valid LBCCC or court papers. (have I totally misread this advise?)

On the other hand, some posts advise that you should name the driver now without further delay, BEFORE you receive a valid LBCCC or court papers.

Even in the NEWBIES post that I have just re-read now, it states:

'You can write to the PPC at any stage before ... court action, to give the name and address of the driver'

and then in the next paragraph

"ONLY consider naming the driver for a windscreen ticket case if the registered keeper is not happy to cope with the letters...."

The use of "can write" instead of "should write" in the first quote plus the warning to "ONLY consider" naming the driver in the second quote adds to my confusion of which option may be best. Should I name the driver now or wait and see if there is going to be a real LBCCC?

BTW, I do appreciate that the people offering what is after all free advise on this forum, have to be very careful about what they say in these litigious age.

Thanks again.

Einstein_A_Go-Go

oops.... sorry, I just re-read it YET again including my own quote: "for a windscreen ticket" For the life of me I did not pick up on the "windscreen ticket" bit.

As I only had a postal PCN, I will be naming the driver now!

Sorry of I wasted your time!

Redx

I cannot guarantee that CM maybe should have chosen a different word, it is possible given all that she had to write

but the advice given there is still correct, in that in your case you do one or the other

clearly you can ignore DR+, but any naming of the driver will mean that you have discharged your obligations under POFA 2012 due to the RK naming the driver directly to the PPC

this should result in a postal pcn to the driver, which the driver appeals in the manner shown in the sticky thread

only YOU can make that decision, but if you want to go to popla before any court case its the only way to do so seeing as you have that option

what I think you are doing is asking for us to make that decision, that is not up to us to do, its an informed decision only you can make

if you did get an LBCCC , you can try to insist that its mediated by popla , but if you really want a popla code then naming the driver , soft appealing, and then a proper popla appeal is one way forward

I already realise that you had read the newbies thread, but the valid info is in there, and what you need to remember is other people also read your thread and so need pointing at it too, seeing as over 90% of the people who post questions on here dont bother reading the sticky threads before posting

now you have read it several times I can see you are finding more stuff in it each time you read it (judging by your last post , lol)

so the info goes to everyone reading this, its not private to you and you alone

hope that helps

Einstein_A_Go-Go

Hi All,

I am looking for some more advise on this issue again please.

After writing to Excel (not the DR company) naming the driver in early January and stating that obligations as RK were then discharged, I nor the driver heard anything back from Excel or the DR company for weeks.

Now, Excel sent me a simple letter stating:

• Only that they received my own letter in January without any reference to the content.
• That the “account” was passed to their DR company due to none payment within 28 days, and so all enquires should be made to them.
• That Excel will not acknowledge or respond to further correspondence.

Should I wait for their next move or should I write back immediately to Excel (with a copy to DR this time), to remind them my liability as RK has been fully discharged and under POFA rules they must now pursue the driver?

This is what is suggested on anther thread, but their situation is slightly different to mine.

Thanks.

IamNotAllowedToUseMyName

Einstein_A_Go-Go wrote: »

Hi All,

I am looking for some more advise on this issue again please.

After writing to Excel (not the DR company) naming the driver in early January and stating that obligations as RK were then discharged, I nor the driver heard anything back from Excel or the DR company for weeks.

Now, Excel sent me a simple letter stating:

• Only that they received my own letter in January without any reference to the content.
• That the “account” was passed to their DR company due to none payment within 28 days, and so all enquires should be made to them.
• That Excel will not acknowledge or respond to further correspondence.

Should I wait for their next move or should I write back immediately to Excel (with a copy to DR this time), to remind them my liability as RK has been fully discharged and under POFA rules they must now pursue the driver?

This is what is suggested on anther thread, but their situation is slightly different to mine.

Thanks.

Assertively reject their fishing trip. Complain, or at least say you will complain to BPA and remind them that harassment is a criminal offence so not to write again. Don't name the driver again, they've acknowledged receipt of the letter you sent, their problem if they've lost it.

You doing get it entirely

Coupon-mad

You could indeed send that letter to Excel but also, report them by complaint email to the BPA using the email addy for Steve C in post #6 of the NEWBIES thread (which I have re-hashed quite a bit!). Say what you have told us and show them the letters and complain that as keeper you have named the driver (don't say the relationship between you, just say you've named the driver) but Excel are still writing to you and haven't sent a PCN to the driver instead.

Einstein_A_Go-Go

Thank you for the pointers folks.

Sorry to sound like an echo chamber reeling back what has been said already.

I will now complain to BPA (no point just threatening to do so), send letter to Excel reminding them of POFA rules and pointing out I have complained to BPA, and also send DR a denial of debt and pointing out that I have named driver to Excel so they must pursue driver if they wish.

Watch this space...I have a feeling this is going to drag on for a while longer :whistle:

bod1467

The key thing is that YOU are now in the clear. So if they were stupid enough to actually initiate court action against you then your defence is well-founded and they would be laughed out of court.