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Excel Again

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  • cuckoo12
    cuckoo12 Posts: 15 Forumite
    Many Thanks Daisy for your help in writing the reply to excel,
    I will send that tomorrow and would be returning to the forum again when they respond because I am sure they are going to respond with a standard reply again.
  • cuckoo12 wrote: »
    very tactfully they send their letter either on friday or saturday so that my whole weekend is spoiled.

    I thought I was just getting unlucky with when the letters arrive - but clearly not!!!!!!! :rotfl::rotfl::rotfl:

    :rudolf: Christmas and OS MS Addict :rudolf:
  • cuckoo12
    cuckoo12 Posts: 15 Forumite
    I have got reply from Excel today.

    They say "we do not say that code of practice over rules PD. but the PD clearly states that pre action conduct does not apply if the claimant does not follow any other statutory or other formal procedure. Then they say because they follow BPA code of practice the PD does not apply. Then they refer to section 23 (section b). followed up by their usual threats that if i dont pay until ......... they will do ..............

    I would needs Daisy help again to reply to them. They seems very committed to get money from me.

    cheers
  • Coupon-mad
    Coupon-mad Posts: 151,354 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    All PPCs are very committed to extracting money from people - it's what they do!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • cuckoo12
    cuckoo12 Posts: 15 Forumite
    how can I get in touch with Daisy to help me write the reply to Excel??
  • Coupon-mad
    Coupon-mad Posts: 151,354 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    She's not on the forum much now. Just post what you want help with, here. A draft of your letter gives us something to get our teeth into.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    You just have to keep going back to them and keep the correspondence going.

    I don't have time to draft a letter at the moment, but this is what you need to do:

    Reply to them making it clear that you do not accept their interpretation of the practice direction, that nowhere in the BPA code of practice does it refer to the legal steps to be taken before starting court proceedings, and that as an unrepresented individual threatened with court action, you are entitled to know what case you are required to answer BEFORE court proceedings are started. Suggest that they seek legal advice on this matter and put them on notice that if they start court proceedings without providing you with the required pre-court action information, you will make an application for the case to be stayed pending their compliance with legal protocol and that they pay your full costs incurred as a result of their unreasonable behaviour in refusing to follow court proceedures.

    Then check the LBCCC thread and continue your letter as if their letter is an LBC and expressly ask for all the information that you are entitled to receive on a point by point basis.

    In particularly, make a robust request for a referral to POPLA, remind them that POPLA does not impose any time limit for making an appeal to POPLA and that although you did not use the POPLA code that you were originally sent, this was because you did not have access to advice at that time and were not aware of the importance of the code. Ask them to re-issue it so that this issue can be dealt with by POPLA which is the appropriate form of ADR set up by the parking industry. Remind them of their duty to mitigate their losses, and also of their duty to invite the defendant to have the matter dealt with by ADR before they start court proceedings. Tell them that if they refuse this request to refer this dispute to POPLA, and decide instead to pursue the matter in court, you reserve the right to produce this course of correspondence to the judge and ask that the case be stayed and referred to POPLA. Say that you are sure that they will be aware of the numerous small claims court cases where such an application has been granted, and suggest that they do not waste the court's time by pursuing this case through the courts. Finish by telling them that you require their sensible response within 14 days.

    Daisy
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • I have received a Court Claim Forum via Money Claim Online from Excel for more than 1 PCN, one of which appears to be after the date when the law changed. I had ignored absolutely all correspondence up until now, including a recent letter entitled 'Notive of Intended Court Proceedings'. Any advice on this?

    I am fairly inexperienced on these forums so please let me know if I need to post this somewhere else.
  • Umkomaas
    Umkomaas Posts: 43,305 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes please, do start a brand new thread of your own, where we can tidily keep all the advice about your case exclusively for you.

    As you've been on this thread, interlopers will be chased off yours. Keeps everything tidy and minimises the potential for confusion.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • OK, thanks, I'll do that.
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