Excel Parking - Ebbw Vale, The Walk - Surprise Surprise!

VorTechS

Excel_Parking_Notice wrote:

'To appeal or challenge this notice, please do so in writing within 28 calendar days of the issue date of this notice'

I have, possibly mistakenly, taken this to mean via regular mail as opposed to their e-mail address...?

bod1467

Possibly.

Regarding "signed for" ... Yes it gives you proof of posting, but if they don't sign for it then there is also proof of it not being delivered. Ergo you haven't appealed.

HO87

Excel would of course be in something of a bind were they to pursue cases on a similar scale to that of PE. It would involve them in bringing case in the North Lincolnshire circuit and, as we know that is the haunt of the His Honour Judge McIlwaine who I am sure would relish the prospect of a rematch with Ms Coates and Simon Renshaw-Smith present. With their toothbrushes and a prison van at the ready.

VorTechS

bod1467 wrote: »

Possibly.

Regarding "signed for" ... Yes it gives you proof of posting, but if they don't sign for it then there is also proof of it not being delivered. Ergo you haven't appealed.

I have another copy of the letter at the ready, as I was going to stamp 'Sent all over it' with the original P/O receipts attached to it. Perhaps I should send it again, just via the 'Proof of postage' method so as to ensure that such a claim cannot be made ... ?

Redx

VorTechS wrote: »

I have another copy of the letter at the ready, as I was going to stamp 'Sent all over it' with the original P/O receipts attached to it. Perhaps I should send it again, just via the 'Proof of postage' method so as to ensure that such a claim cannot be made ... ?

I would, because the advice you have been given is correct but your chosen delivery method may fail

the non-delivery (not signed for) recorded delivery or special delivery proves that an item WAS NOT DELIVERED ! if they refuse it (hence why they tend not to sign for letters etc) , this will matter in a court of law if it gets that far

if it was a PO BOX address then generally that is some other address and receiver , in some cases Post Office sorting offices who redirect the mail (like the DWP use a lot) , in which case all you can prove is that a sorting office or delivery office received it and not the recipient, so many parking companies use mail drops for this very reason

so send it normal mail with proof of posting as advised , one reason being you came here for advice so do not discount it when given

as for the original post about your car forum, if any of your forum members can use your forum then they should be aware of how sticky threads work, in which case all you or they have to do when coming here is read the top 2 sticky threads and any links from those threads, its hardly rocket science ! so spread the word to all car forums , that for england and wales , tell them the law changed in oct 2012 due to POFA 2012 if they ask, then direct them to our sticky threads

good luck

VorTechS

Just an update to say that thus far, I have heard nothing from Excel since sending the original notification to them.

Of course, there is still plenty of time for them to do so, and of course they may claim never to have received it based on the signed-for premise.

The 'backup' (sent with proof of postage only) was sent before the weekend and should have arrived with them by, at the latest, yesterday. All well within the 28 days.

I've pretty much forgotten about this whole thing already, but hey, they may yet surprise me with a reply. (Knowing me, it will drop on the doormat later today!)

VorTechS

I have now received a response from Excel who are 'considering the appeal and will get in touch within the 35 days'

The ball is now well and truly rolling.....!

The_Deep

Have you seen the Martin Cutts on Watchdog?

http://www.bbc.co.uk/programmes/b006mg74/features/excel

VorTechS

The_Deep wrote: »

Have you seen the Martin Cutts on Watchdog?

http://www.bbc.co.uk/programmes/b006mg74/features/excel

I have now, although I am not sure what it is I am meant to be taking from that.... ?

VorTechS

POPLA code received!

Interesting to note that on the POPLA rejection letter, there is the phrase "We have calculated this sum as a genuine pre-estimate or our losses as we incur significant costs in managing the parking location to ensure compliance to the Stated Terms and Conditions"

So I'll draft my POPLA appeal over the next couple of days.

Only question remains, should I drive the 120 miles to check the site out myself or leave it to them ... ?