Advice following soft appeal response from Excel Parking

Redx

for starters you should checkout parking pranksters website , blogs and court transcripts etc about fighting PPC`s in court, especially PE but even his PE books can be used if you remove incorrect info and adapt it to excel and their litigators etc

also checkout the sticky threads too, especially the LBCCC thread by lazydaisy and pepipoo forum as well

also use the forum search tools here to search out other court cases, doesnt just have to be Excel

Coupon-mad

MrsBaz wrote: »

I'd just like to know where to go if/when I do start receiving letters threatening court. Could anyone point me in the direction of post/websites where Excel have lost in court?

Many thanks in advance

Hmmm....as with most things it's in the 'NEWBIES read this first!' sticky thread, under 'small claims'. There are at least TWO I can think of linked there.

ezerscrooge wrote: »

Can the clock not be reset by naming the driver? Then the driver can start the whole thing again, but do it properly.

PLEASE do this, MrsBaz, don't wait it out! DO NOT say here who was driving at all, nothing here. You need to name the driver who of course lives somewhere else don't they (you can use any address for service of letters). That will rewind the clock, if true. DON'T SAY HERE.

Redx

yep, time to name the driver, reset the clock and win at popla , no doubt about it

Dear Sir

Vehicle Registration Number [insert reg number]

I am the registered keeper of the above mentioned vehicle.

I am writing to acknowledge your recent correspondence dated ......... and .......(insert dates) and to inform you that I was not the driver of the vehicle on the date of the alleged 'parking event'. Therefore you must pursue the driver, whose details are:

[DRIVERS NAME]

[DRIVERS ADDRESS]

Please note: this discharges my obligation as Registered Keeper under PoFA 2012 and any further pursuance of this charge against me would be deemed harassment and appropriate further action may be taken against you.

Yours faithfully

squiggle name

REGISTERED KEEPER.

4consumerrights

There is actually no set time that an appeal can be made - this is evidenced that a POPLA code has been obtained at LBCC stage and even court judges have order cases to be settled at POPLA. The 28 day is merely a guideline in the COP.

I would have been inclined to send a snotty letter to Excel stating the registered keeper made an appeal and you would like the POPLA code as it is a breach of their COP to
a) not consider an appeal, and
b) pass the matter to a debt recovery agent whilst appealing
and that should they not issue a code, then a complaint will be made to the BPA and DVLA. I would also point out that why has this been passed to Roxburghe who do not currently have a debt collector's licence.

Alternatively you could reset the clock though by naming the driver as per Redx letter above - but send a copy both to Excel and Roxburghe - pointing out to Roxburghe that any further communication is harassment and you learnt that in fact their licence to operate was not renewed.:D

With regards to court cases lost by Excel - there was quite well known one that Martin Cutts won. More recently, Excel lost in court (after appealing too) as their legal representative couldn't use a spread sheet and mixed up the dates!

MrsBaz

Still a little flumaxed as to where to go with this. Surely if I've gone over the 28 days from first Notice to Keeper they'll just go down the court route? Trying to find written evidence of this:

4consumerrights wrote: »

There is actually no set time that an appeal can be made - this is evidenced that a POPLA code has been obtained at LBCC stage and even court judges have order cases to be settled at POPLA. The 28 day is merely a guideline in the COP.

MrsBaz

Sorry not au fait with how to quote properly on here. Apologies to 4consumerrights!

Stroma

You have options, I would go down naming the driver myself, it does not matter the 28 days thing, if you go that route send it via email and snail mail with proof of postage from the post office. They will be in some trouble if they make a court claim when they know they have the wrong person

Coupon-mad

MrsBaz wrote: »

Still a little flumaxed as to where to go with this. Surely if I've gone over the 28 days from first Notice to Keeper they'll just go down the court route?

They CANNOT take a keeper to court & win (as they have no case) once the driver has been named before court proceedings start. So name the driver - this is EASY! And you are trying to find written evidence of a basic section in the POFA2012 Schedule 4 which we are VERY familiar with on this forum.