Excel // Newlyn - Advice Please

Ihateparkingcompanies

Thank you Redx... I'm sorry to be dim, but could I just confirm my understanding?

Wait until mid Feb to give Excel time to reply. If they don't then complain to the BPA for breach of process in relation to that aspect and also not receiving NTKs. In the interim keep ignoring Newlyn,

If they respond with a Popla code then follow the advice on here on other threads.

If they respond saying it's too late to appeal, should I follow Daisy's posts and insist on a code on the basis that mediation should be attempted wherever possible and there is no 28 day rule, or would you advocate that I name the driver and direct them to here? Sorry to keep asking - I hope I don't seem ungrateful. I just want to get myself out of a position I never knew I was in without putting a loved one in the firing line..

Thanks

IHPC

Ihateparkingcompanies

4consumerrights wrote: »

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

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

4consumerrights


I'm sure that many people do claim that letters never arrived, but in my original post I said that I knew this claim wouldn't hold any weight and I didn't intend to use it, so I'm not sure what I'd gain out of saying it if it didn't happen...


With relation to the letters, I've never had any from Excel, the three which I've had from Newlyn thus far do not make any reference to POFA.


I know it's a long shot, but something which has come to mind.... I have a long name (including middle names), meaning that whenever Newlyn wrote to me previously they missed the last letter off my surname. I've just noticed as on this last letter they have ignored my middle name and managed to put my full surname on. I know it's a technicality, but is this anything to go on, or is that more dodgy than some of these parking companies?


Regards, and genuinely thanks for responding so far


I Hate Parking Companie

4consumerrights

@Ihateparking companies - you may have misunderstood my first comment. A lot of mail with parking companies seems to go astray (and has been admitted by Parking Eye before - problems with systems etc- it is one of the predatory tactics they use to [STRIKE]pretend[/STRIKE] state they have sent mail!

Parking companies are operating a dual system whereby they can use keeper liability under POFA or not (in which case only the driver can be pursued).

Excel do normally use POFA but in this game things change rapidly which is why I asked. Do not write at this stage and name the driver - but you could do the following:

Letter to Newlyn

I am the registered keeper of the vehicle reg no........... and dispute any liability to pay the parking charge notice no ..........on the following grounds:

Your client did not send any letters or documentation regarding this alleged parking contravention and passed the matter directly to debt recovery stage. As you are aware this is a direct breach of the BPA COP (of which you are also members) and a complaint will be made to both the BPA and DVLA regarding this.

After receiving your first letter an appeal was made to Excel who have ignored this and referred the matter back to yourselves.

I have received no details regarding this matter nor what the alleged breach is, therefore insist that you instruct your client to provide full details and allow an appeal to be made or cancel the charge now.

The registered keeper further contends that this parking charge does not reflect a genuine pre-estimate of loss for any alleged breach of contract.

It is also noted on the letters ......... and ......... that there is a variance in spelling names supplied. In view of the circumstances in this matter and lack of initial paperwork, I would respectfully request that your client cancels this parking charge to avoid this matter being escalated saving further embarassment.

You should also be aware that should you fail to refer this matter back to your client and you continue to contact me, then this will be deemed as harassment and reported accordingly.

For the avoidance of doubt, a copy of this letter is being forward to your client Excel.

Yours faithfully

squiggle sig
WRITE NAME (OBSCURELY)

cc Excel, address etc.


And in the meantime also complain to the landowner/retailer - is this the Peel centre. - see successful complaints thread.

Coupon-mad

Exactly the same as this thread except a different letter chain (still Excel though):

https://forums.moneysavingexpert.com/discussion/4854601

And on there I did warn the poster that Excel won't play ball but the whole point of appealing anyway is to set out your case and show yourself to be knowledgeable and not a pushover:

Not too late to request, yes too late for Excel to cough one up. They will not. However, request one at the end of your appeal anyway and write it in a really reasonable way making it clear that the charge was not a 'pre-estimate of loss'.

So now just collect the letters like that poster is, you have done enough except for the obligatory complaint to the Peel Centre who won't give a stuff, but every complaint helps build a picture of a problem they MAY one day react about.

And if you get a Letter before Claim from Excel themselves (NOT the debt collector versions!) then you would need to respond as per the LBCCC Fightback thread, knowing you had already been very reasonable in your response & handling of it and had not ignored it. Puts you in a better position in the rare occasion of a small claim, and perhaps makes it less likely they'd choose your case as you are less of a victim. So what I am saying is you can ignore the debt collector letters but keep them in case you want to counter-claim for harassment, to show a local newspaper or Trading Standards or your MP; whatever complaints you want to make later on. You could send the above letter - personally I would not get into comms with any debt collector beyond one rebuttal.

Ihateparkingcompanies

4consumerrights wrote: »

@Ihateparking companies - you may have misunderstood my first comment. A lot of mail with parking companies seems to go astray (and has been admitted by Parking Eye before - problems with systems etc- it is one of the predatory tactics they use to [STRIKE]pretend[/STRIKE] state they have sent mail!

Parking companies are operating a dual system whereby they can use keeper liability under POFA or not (in which case only the driver can be pursued).

Excel do normally use POFA but in this game things change rapidly which is why I asked. Do not write at this stage and name the driver - but you could do the following:

Letter to Newlyn

I am the registered keeper of the vehicle reg no........... and dispute any liability to pay the parking charge notice no ..........on the following grounds:

Your client did not send any letters or documentation regarding this alleged parking contravention and passed the matter directly to debt recovery stage. As you are aware this is a direct breach of the BPA COP (of which you are also members) and a complaint will be made to both the BPA and DVLA regarding this.

After receiving your first letter an appeal was made to Excel who have ignored this and referred the matter back to yourselves.

I have received no details regarding this matter nor what the alleged breach is, therefore insist that you instruct your client to provide full details and allow an appeal to be made or cancel the charge now.

The registered keeper further contends that this parking charge does not reflect a genuine pre-estimate of loss for any alleged breach of contract.

It is also noted on the letters ......... and ......... that there is a variance in spelling names supplied. In view of the circumstances in this matter and lack of initial paperwork, I would respectfully request that your client cancels this parking charge to avoid this matter being escalated saving further embarassment.

You should also be aware that should you fail to refer this matter back to your client and you continue to contact me, then this will be deemed as harassment and reported accordingly.

For the avoidance of doubt, a copy of this letter is being forward to your client Excel.

Yours faithfully

squiggle sig
WRITE NAME (OBSCURELY)

cc Excel, address etc.


And in the meantime also complain to the landowner/retailer - is this the Peel centre. - see successful complaints thread.

That's really useful advice - thank you. And sorry if you thought I was being curt, it wasn't intentional.. Your help is very much appreciated

Ihateparkingcompanies

Coupon-mad wrote: »

Exactly the same as this thread except a different letter chain (still Excel though):

https://forums.moneysavingexpert.com/discussion/4854601

And on there I did warn the poster that Excel won't play ball but the whole point of appealing anyway is to set out your case and show yourself to be knowledgeable and not a pushover:

So now just collect the letters like that poster is, you have done enough except for the obligatory complaint to the Peel Centre who won't give a stuff, but every complaint helps build a picture of a problem they MAY one day react about.

And if you get a Letter before Claim from Excel themselves (NOT the debt collector versions!) then you would need to respond as per the LBCCC Fightback thread, knowing you had already been very reasonable in your response & handling of it and had not ignored it. Puts you in a better position in the rare occasion of a small claim, and perhaps makes it less likely they'd choose your case as you are less of a victim. So what I am saying is you can ignore the debt collector letters but keep them in case you want to counter-claim for harassment, to show a local newspaper or Trading Standards or your MP; whatever complaints you want to make later on. You could send the above letter - personally I would not get into comms with any debt collector beyond one rebuttal.

Likewise, thank you for your assistance. Although for once this isn't the Peel Centre. I'm struggling to identify the land owner and all of the businesses in the retail park are small tin pot companies which more than likely wouldn't give a stuff. In any event I've no idea which one I would choose to complain to as I didn't use the car park!!! But I will keep trying and send a letter as a matter of principle.


IHPC

Redx

Ihateparkingcompanies wrote: »

Thank you Redx... I'm sorry to be dim, but could I just confirm my understanding?

Wait until mid Feb to give Excel time to reply. If they don't then complain to the BPA for breach of process in relation to that aspect and also not receiving NTKs. In the interim keep ignoring Newlyn,

If they respond with a Popla code then follow the advice on here on other threads.

Thanks

IHPC

yes, that is definitely what I recommended that you do
How long did you give them to reply in your appeal ?

Ihateparkingcompanies wrote: »

Thank you Redx... I'm sorry to be dim, but could I just confirm my understanding?

If they respond saying it's too late to appeal, should I follow Daisy's posts and insist on a code on the basis that mediation should be attempted wherever possible and there is no 28 day rule, or would you advocate that I name the driver and direct them to here? Sorry to keep asking - I hope I don't seem ungrateful. I just want to get myself out of a position I never knew I was in without putting a loved one in the firing line..

Thanks

IHPC

I am no solicitor nor legally trained so if you want legal advice I suggest you seek it and pay

all I can say is that naming the driver will reset the clock (as long as no windscreen PCN was issued)

I do not believe you can insist on a popla code , but anything by lazydaisy is likely to be a reply or advice after legal papers have arrived, which they havent in your case so not sure its relevant, another member on here was told to do so in his pre-court case paperwork and a popla code was issued (ken) and that was under advisement by coupon-mad recently

I am not even sure they are in a position to pursue you, the RK either, in which case they may not be able to make you name the driver

yes its complicated, that is why solicitors and legal eagles go to college and do over 2 years training etc after college

there may be others better than me on here (I am sure of it) who may advise you better on this, but at the moment I would be hoping that you get an excel reply, even if it tells you to stick your appeal where the sun dont shine

How long did you give them to reply in your appeal ?

basically, we can do many what-if scenarios but as you have appealed to excel, I would let it lie and wait, because that is and was the correct course of action