Private Parking Ticket - Excel Parking Services - Debt Collectors letter received

HO87

You seem to have a good grasp of things and are obviously prepared to take the PPC on. If you still get no response from Excel within your deadline then a final letter to them - including a warning that any further demands for payment from them or their agents will be regarded as harassment - should seal the deal from a legal point of view. You should not have to demand a POPLA code and if they do not issue it then the problem is theirs.

Indiansummer_2

Hello
Everything I have prepared and sent to the PPC has been through the help of the forums on MSE and the information posted here. Without all the information available I would not have known which way to turn, so a big thank you to all concerned. I will keep my post updated as things progress in terms of my complaints to the DVLA, BPA and the Information commissioners office and whether I actually receive a POPLA code from Excel. This will hopefully help others who in the future have the face these "fatherless" companies in the future.

Again many thanks.

4consumerrights

@Indiansummer - I believe that the letter you used was a template version from Parking Cowboys and in my own opinion - it is not one that I would use.

Whilst following up your complaints to the BPA, DVLA and ICO, you should also consider making a complaint to the retailer/site manager/landowner - write to them requesting they instruct their managing agents to cancel this charge as there was no loss to them as parking was paid. Point out that you were a customer at the time and that you have been denied the opportunity to complete the appeals process provided. All BPA AOS must comply with the COP which states that their agreements with the landowner must include this clause.

Was this the Peel centre by any chance? - email contact details in successful complaints thread.

However, don't hold your breath that any sanction points will be issued especially for one of the larger PPCs.

Indiansummer_2

Hello
I have been trying to find out who the landowner is, but currently it is up for sale but have not had much luck in my search. My local council doesn't know. Unfortunately, this was not the Peel Centre. Am going to keep trying though. The reply from the BPA didn't fill me with confidence, but in my letters to the BPA, DVLA and ICO is have included the fact that the PPC have obstructed my appeal in line with the BPA COP.


I am grateful to all forums to providing me with confidence to not sit back and just accept this disgusting behaviour but to fight back. Very many thanks for your advice and help, I really needed the reassurance to know that my course of action was pointing me in the right direction. Regards Indiansummer

Indiansummer_2

Would you be able to provide me with some advice please. I have found that Rapleys are the commercial property consultants for the land on which the car park is currently situated. I am going to contact them to see if I can obtain the name and address of the land owner. Would this request be covered by the freedom of information act?. Would I need to tell them why I am requiring to information? Many thanks. Indiansummer

Coupon-mad

No, only public bodies like Councils & Govt Depts are covered by FOI.

Why would you want to be asking for the landowner? They won't tell you that so don't waste your time asking and you don't need to know. If they run the place for the landowner, you should be addressing your complaint to the commercial property consultants for the land, Rapleys, on the assumption that THEY contracted with the PPC, unless they tell you otherwise.

Indiansummer_2

Hello


I have compiled a complaint letter to the landowners as below. Would you be able to advise if this is OK or needs any alterations please?


Link to drop box
dropbox.com/s/ndlxyhnt4lqw6qt/Rapleys%20Letter%20to%20landowner%2020140125.docx
There is no postal address on Rapleys website so I am only able to email to a generic email box.
I have also managed to obtain a redacted contract from a friend who has been through a successful appeal with POPLA - thanks to you guys - again involving Excel Parking . The contract Excel submitted was part of their evidence to POPLA. What I find interesting is that the agreement is between Vehicle Control Services Limited and Excel, both of which are at the same address. No mention of a landowner in the contract
Not sure if I can post up on here as is marked private and confidential!
Many thanks
Indian Summer

Coupon-mad

You can't post the Excel contract here, no, but we know they cover up the landowner/client's name and lots of other clauses too (which is one reason why they lost at POPLA every time against our appeals).

Here's your letter of complaint:

https://www.dropbox.com/s/ndlxyhnt4lqw6qt/Rapleys%20Letter%20to%20landowner%2020140125.docx

I would change this (that's not quite what I meant and I don't think they are the landowner?):

''as I am of the assumption that you are the landowners''

to:

''as I believe you act as agents for the landowners and that the Excel contract may well have been signed by yourselves (and I will be asking for a copy of it from Excel as part of the appeals process anyway)''

I would also get rid of this detail, none of this (below) needed and it detracts from what should be a more concise complaint about the harassment and asking Rapleys to cancel the ticket - you need to state what you would like them to do to resolve the complaint, and by when:

On XXXXX 2013 I refuted in writing via email Excel’s claim for payment on the
following grounds:
1
At the time of the incident the driver of the vehicle did purchase a ticket (price £2.50) and that it had accidentally and through no negligent cause been incorrectly displayed
2
I sent a clear copy of the ticket the driver had purchased to Excel with my email
3
As neither Excel nor the landowner had suffered any genuine pre-estimated financial loss I asked for the PCN to be cancelled.
On the XXXXX 2013 I received an automated email response from Excel
acknowledging receipt of my email. The situation is that I challenged Excel Parking Services Limited within the 28 days stipulated.
I refer to my email dated XXXXXX 2013 and from which I received an automated response.
I believe clearly they must require more training about the effects of Schedule 4 of the Protection of Freedoms Act 2012 and the requirements of the BPA AOS Code of Practice. They can only ‘invite’ a registered keeper to name a driver but if the keeper does not then the private parking company are obliged to consider a challenge from that keeper and not reject if out of hand.
I challenged the parking charge noticed as a registered keeper, which they have
neither accepted nor rejected and have failed to provide me with a response
within the 35 day time scale specified in the British Parking Association (BPA)
Approved Operator Scheme (AOS) Code of Practice.
They have also failed to provided me with a POPLA code.
They have failed to respond any of the Data Protection Act information requests contained within the email, pursuant to section 7 of the Data Protection Act 1998

4consumerrights

What I find interesting is that the agreement is between Vehicle Control Services Limited and Excel, both of which are at the same address. No mention of a landowner in the contract

Now that is interesting - perhaps Parking Prankster may be interested also.

IIRC - there was a thread a week or so ago where the OP had also received DRP letters in which the incorrect company was named compared to the parking charge with VCS and Excel. I wonder if it is the same site and if VCS/Excel are playing switching games?

Indiansummer_2

@Coupon-mad: many thanks will amend my letter.

@4consumerrights: digging around on Google and surprise, surprise the managing director of Vehicle control services limited and Excel are one of the same person; namely Mr MRS. Unsure of how up to date information is though.

Letter to commercial planning and property consultants sent today.

Many thanks again. Will keep post updated with any progress.

Regards Indiansummer