Excel // Newlyn - Advice Please

Ihateparkingcompanies

Good evening all,


I'm sorry for posting yet another parking ticket tale of woe, but I'm just after some assurance.


A few weeks ago I received a phone call out of the blue from Newlyn Debt Collectors on my home phone. I refused to confirm my personal details and hung up, but it spooked me a bit having never received a phone call before. This was followed by the usual threatening letters and a final reminder (not LB/LBCCC). As I type, I genuinely can't recall getting any letters through the post from Excel and in any event, a family member uses my car (its registered to me for financial reasons) so I know I'm not liable.


Having read the hundreds of really good posts by CouponMad et al, I did some research. Rather than writing to Excel and telling them that I'm not the keeper and 'dobbing in' the responsible person (although I believe I still reserve the right to do so), I followed CouponMad's advice and appealed to Excel asking for a Popla code. In the interim period I received a letter from Newlyn telling me that the case was being passed back to Excel (standard letter, I know) and now a letter from Newlyn telling me that they are dealing with the matter and I cannot appeal.


On one hand, I take this as a statement of intent that Excel are unlikely to progress to Court (I've seen the stats) because their line of attack is to threaten using debt collectors even after the case has been 'passed back.' But on the other hand, I won't sit back and do nothing just in case. Newlyn are still threatening 'further recovery action' but they can still only pass the matter back to Excel (I think).


My question is this;


I had anticipated that Excel would reply and my next step would be to do something similar to this;


forums.pepipoo.com/index.php?showtopic=82895&st=20&p=904431&#entry904431


Since it is Newlyn who have replied, not Excel, do I write to Newlyn or still Excel, and remove the last line about 'pass this matter to Newlyn if they are dealing,' or leave it in and make the letter fit?


Or am I on completely the wrong lines and do I need to do something different?


Any advice would be appreciated.


Regards

Redx

plenty of good advice in here https://forums.moneysavingexpert.com/discussion/4816822

Ihateparkingcompanies

Redx wrote: »

plenty of good advice in here forums.moneysavingexpert.com/showthread.php?t=4816822

Thanks Redx.. this is the post I've been using and got to here;


- - - - - - - - -- - - -


Debt Collectors letters or threats of court? Thinking you may be too late to appeal? Told by the PPC that it's too late for POPLA? NO!

You may get debt collector letters, e.g. 'Debt Recovery Plus' (also using trading names of 'PCS' and 'Zenith') or you might have 'Newlyn', 'Rossendales', 'Control Account', 'CCS Collect' or 'Roxburghe'. THESE ARE NOT BAILIFFS, THEY CANNOT SEND THE BOYS ROUND! THIS IS JUST A LETTER-CHAIN YOU GET IF YOU HAVE NOT APPEALED!

If you have letters from any debt collector such as Debt Recovery Plus or Zenith or Roxburghe, and are on the face of it, too late to 'appeal', then (if in England/Wales) appeal anyway to the PPC! and as for the DC, either ignore them or robustly respond.

As well as the links shown (click on the blue words), here's a strong response to send if the PPC says you are 'too late' and it's now with a debt collector:

forums.pepipoo.com/index.php?...1&#entry904431



-- - - - - - - - - - - - -


So is the advice to just keep responding and demanding a POPLA code, unless and until they give in or issue a LBCCC?


Thanks


IHPC

Redx

no

forget debt recovery

when did you appeal to excel for a popla code ? (they have 35 days to reply)

if they replied and refused it, when was this ?

ideally you need a reply from them , either refusing a popla code or giving it

also, how long ago (approx) was the date of the incident ? weeks ? , months ? , before oct 2012 ?

Ihateparkingcompanies

Redx wrote: »

no

forget debt recovery

when did you appeal to excel for a popla code ? (they have 35 days to reply)

if they replied and refused it, when was this ?

ideally you need a reply from them , either refusing a popla code or giving it

also, how long ago (approx) was the date of the incident ? weeks ? , months ? , before oct 2012 ?

The 'incident' happened in May 2013, as I said I genuinely have no recollection of any photos of the car being sent to me, but I appreciate that that argument won't go anywhere so I don't intend to try it. I appealed to Excel at the start of this month saying I dispute it and asking for a POPLA code. I haven't had a response from them, but the letter from Newlyn references my 'recent correspondence sent directly' to Excel. It goes on to tell me when the 'invoice' was generated, when letters were sent and 'since neither of these letters were responded to we are now dealing with the matter.' You have lost the opportunity to appeal the PCN at this stage... Failure to contact us will result in further action taking place.


I've obviously redacted parts in case Excel do monitor these forums, but the above gives the general gist.


Thanks


IHPC

Redx

so a long time ago then , and as I said excel have 35 days to respond to your appeal, but after all this time they will refuse you a popla code IMHO
they do not have to issue you with one due to the length of time

so in my opinion , your only option is to "dob" the driver in and reset the clock, get the DR and excel off your back and get a pcn issued by excel to the driver

then you can soft appeal it with them, and then go to popla with it

or you can ignore the DR and only act if you get an LBA or LBCCC or court papers

if they issue court papers, I believe its then too late to name the driver so you take the hit as RK

Ihateparkingcompanies

Thank you for your advice. Can I ask then, if Excel don't acknowledge me within 35 days (to say yes or no), does this constitute a breach of anything/any sort?

Redx

no, as they will consider they discharged their responsibilities last year , presumably you got those letters and ignored them ?

Ihateparkingcompanies

...As per my original post, the first I knew of this was Newlyn writing to me following the phone call. It is only in the most recent letter that the date of the infringement has been stated.

Redx

in that case you treat is as the first NTK and they are way out of time, so you appealed and asked for a popla code, so you wait for their reply and ignore the DC letters

but you may still have to name the driver and reset the clock

unfortunately, this may be a case of complaining to the BPA based on what you have told me, let them investigate it as your rights appear to have been infringed as you should have received an NTK within 14 days if no windscreen pcn, and between 29 and 56 days if there was a windscreen pcn

I would complain direct to s clark at the BPA myself

4consumerrights

It's surprising just how much mail goes astray with these parking companies....

OP - do any of the letters mention POFA or keeper liability?