Not sure which point in the Process to Start

freaksaver

Hi

I have spend around 10 hours reading this site and making notes on the processes etc and the abbreviations used so feel like I am starting to understand things now. My issue is I am not sure where I am in the process and was after a bit of guidance.

PCN issued 23/10/2013 (From Excel at Ashton Retail Park (have ignored this thinking this was the right thing to do but now realise that is wasnt.) Duration of stay was 59 mins. (I am aware that the unredacted contract states that up to an hour would be free here anyhow but havent asked for a copy yet just trying to get my head around it all and pulling out the bits that are relevant to my case)

Various letters received from DRP+ (latest one threatening to come to my house but the mail merge has screwed up so is a bit of a jumbled letter, makes for amusing reading though and am happy to keep ignoring these)

My problem is that I have not communicated with Excel at all about this yet. There is me, my partner and his son living all at the same address and I would take the advise to write with driver details so as to "restart the clock" but dont have anyone I can use at a different address?

I am in England by the way.

I was thinking of :

a) writing to excel with an appeal anyway (even though this is back from October 2013) and ask for a POPLA ref.
b) if I dont get one (i.e. appeal declined and they refuse POPLA ref) then write again as I know the advise is it looks better in court if nothing else
c)Hopefully this will prompt them to give me a ref at which point I send the appeal letter to them blah blah blah as per your excellent posts suggest.

Am not the best at things like this so just after a bit of reassurance that I am going about things in the right way.

Thank you in advance for any body who can take the time to respond.
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zzzLazyDaisy

Was this a windscreen ticket or an ANPR (caught on camera) ticket?

I am assuming the latter. If this is correct then the registered keeper should write to Excel identifying the driver (see the Newbies Sticky on first page of this forum). That will restart the POPLA clock and the driver can go through the normal appeals process.

It does NOT matter if the RK and the Driver live at the same address (in fact this happens all the time where a couple share the same car).

hth

Coupon-mad

I would take the advice to write with driver details so as to "restart the clock" but dont have anyone I can use at a different address?

You don't 100% need a different address but it is BETTER with Excel to give a different address or we have seen them faff about and not issue a new PCN and pretend that 'the household must have seen the original already'. IT's all rubbish but if you want a simple life and a POPLA code in the end for the driver then provide another address for service.

Surely one of them has a work address, or surely you have a neighbour or relative who can receive a letter or two to resolve this? Come on you only need to give 'an address' for service of a letter or two. Does not have to be where they live even though Excel might pretend it means that, the law only says 'an address for service'.

Obviously don't mention 'restart the clock' in your letter.

freaksaver

Wow really?! I have read on here that is should be a different address as they could dispute the fact that I didnt pass on the letters to my partner especially as we live at the same address?

I presume this advise is no longer correct?

Thanks for your quick response to this by the way :-)

Redx

if this is Gala bingo then yes the unredacted contract says up to an hour is free although the excel signs lie about this

easily won at popla as long as you name the driver to a preferably different address and then appeal that pcn to excel and to popla once the NTD arrives (assuming they dont cancel the ticket of course)

freaksaver

It is an ANPR - thats the problem Red, I dont have anyone at a different address I can ask. Do you think this will affect my case?

Coupon-mad

freaksaver wrote: »

Wow really?! I have read on here that is should be a different address as they could dispute the fact that I didnt pass on the letters to my partner especially as we live at the same address?

I presume this advise is no longer correct?

I think you just misunderstood the meaning of the word 'could' in what you read. I still recommend giving a different address because Excel 'could' wriggle and pretend the driver 'must have' seen the Notice and should have appealed. That's not true at all but the reason for the different address avoids all that. Give an (agreed in advance) neighbour's address. Auntie Ivy's address round the corner. A work address. Any address where the letters could be obtained quickly by the driver.

My advice is written to make things easiest for you so I say 'I recommend you give a different address'. Daisy is also correct - legally you do no 'have to' give a different address.

Nothing has changed. Nothing is 'no longer correct' - we are both right!

freaksaver

Thanks for your response.

Will them not check if this person was insured to drive your car if you have put them down as a driver?

da_rule

Whilst a different address is advisable/helpful, I have seen cases where, with a bit of argument the same address is accepted. These arguments usually focus on two points:
1) You are under no legal obligation to show the notice to the driver, merely to inform the parking company of who the driver is (they may try to go down a moral argument but seeing as they don't have any then why should you?)
2) If the letter is addressed to you personally (e.g. Mr Smith) then you are under no obligation to show anyone else, this is your private correspondence, and is no different to a bank statement or any other personal letter which you would not put on display for everyone in the house to see.

If you do use an address you are not affiliated with, e.g. a neighbour then should the matter go to court then court papers will be served on your neighbour and you may find yourself in a position where you have to explain to the court why you gave a false address. But this isn't a major worry as very few cases ever go beyond POPLA, especially if you follow the advice on this forum.

da_rule

Freaksaver, the parking companies should not have any access to any insurance database, and besides whats to say that the person isn't insured to drive your vehicle on their own insurance policy. Insurance is the domain of the Police, whilst these companies think they have power, in reality they don't.

Coupon-mad

freaksaver wrote: »

Thanks for your response.

Will them not check if this person was insured to drive your car if you have put them down as a driver?

Anyone could have driven you car if they have third party cover as part of a fully comp policy on their own car. I could have been driving your car that day!

But don't lie, just supply the driver's details to the 'best of your knowledge' bearing in mind this is months later.