What to do next?

LL0925

Hi everyone I appreciate this has probably been done to death but after reading all the newbie stickies and trawling this forum I'm still really struggling and confused!

I had a ticket from excel back in November for basically 2 of my wheels being outside the parking bay! I spoke to the attendant and he refused to move on the ticket! I had the notice to owner some time later but ignored it (due to advice from others)

I have now had the dreaded letter from roxburghe!

I am now aware I should have appealed in the proper manner but this is too late now! I contacted roxburghe today by phone and only gave my name and reference number! I refused to confirm other details including phone number (rang on withheld)! Basically the p***k on the other end of the phone threatened me with paying and when I refused and said I wanted to appeal he hung up the phone.

Where do I go from here? I appreciate there are links but could someone explain it in layman's terms for me? I haven't got the time or money to go to county court etc!

The Roxburgh letter says the next step is solicitors which is the same firm/name they always use

Can someone please advise what I should do? The fine is now at £130. Please only advice from people who genuinely know the facts!

Thanks in advance

da_rule

Hi, read this thread: https://forums.moneysavingexpert.com/discussion/4916504

It is someone else who ignored an Excel PCN and has been contacted by Roxburghe. Follow the advice given on the thread.

HO87

Excel have been known to issue court proceedings occasionally but following some notable cases inexplicably seem less inclined to do so. This may have to do with members of staff wishing to remain behind their desks rather being behind bars. In one case their legal assistant was warned, by the judge, that if she pursued a particular line any further he would adjourn the case and advise her to bring her toothbrush with her at the resumed hearing.

That said, Roxburghe are not dreaded in any real sense. I appreciate that you may be being ironic. They have recently been advised by the OFT that their application for a renewal of their debt collection licence has been refused - after a very nearly 3 year investigation. They hang by their finger-tips and are in the appeals procedure.

Remember: Debt collectors have absolutely no more power than you or I to chase or enforce a debt. Ultimately all they can do is to ask you to pay. Of course, they don't want people to realise that and dress their letters up to look threatening but a re-reading of them soon reveals all the if's, but's and maybe's.

Poxburghe Roxborg are using Gladstones solicitors and your letter from them will simply advise you to contact Roxbughe again - so even they won't follow through at that stage.

At this stage you are well past the various appeal stages and from that point of view you may as well hunker down and ride things out. If and when you receive a letter using words to the effect "Letter Before Action" or "Letter Before County Court Case" then come back for some more detailed advice. You will need to act at that point (we have succeeded in stopping cases at that stage) so don't ignore that letter and we can guide you in what do then.

4consumerrights

The advice about what to do at debt recovery stage is fully covered in the Newbie thread - however there is no set appeal time other than that SUGGESTED in the BPA COP and indeed POPLA codes have been obtained as late as LBA LBC(C) stage.


What you should be doing is making a formal complaint to the landowner/retailer/managing agent as an angry customer demanding that they instruct their car parking management company to cancel this charge.

HO87 wrote: »

Poxburghe Roxborg are using Gladstones solicitors and your letter from them will simply advise you to contact Roxbughe again - so even they won't follow through at that stage.

At this stage you are well past the various appeal stages and from that point of view you may as well hunker down and ride things out. If and when you receive a letter using words to the effect "Letter Before Action" or "Letter Before County Court Case" then come back for some more detailed advice. You will need to act at that point (we have succeeded in stopping cases at that stage) so don't ignore that letter and we can guide you in what do then.

Do not ignore any letter from Gladstones - who are picking up the tab for most parking companies at the moment. Not one of their letters, I've seen yet complies with PD. Nor should you ignore any formal LBA or LBC(C) letter from Excel either.

And certainly as some parking companies appear to be doing also is skipping any LBA ro LBC(C) and issuing court papers - SO DO NOT IGNORE THIS EITHER.

Coupon-mad

Can someone please advise what I should do? The fine is now at £130. Please only advice from people who genuinely know the facts!

1. It is not a fine.

2. Read the NEWBIES sticky which IS written in layman's terms and I wrote it not just to tell people how to appeal, but also to catch people like you who didn't bother, and to tell you very simply, what your options are. Why people who ignore fake PCNs and don't research it, think we should have to spend time typing out individual answers for each case when the sticky thread already tells you what your options are at this stage, debt collector stage, court stage, the lot?

3. Yours is the 4th Excel case on here today at least, where all 4 posters have left themselves open to getting a small claim at some point.

4. Why not read all the other Excel threads on here right now? Why can't Excel victims be more like this person, she didn't struggle with our advice:

https://forums.moneysavingexpert.com/discussion/4916007

We can't write it all out ad infinitum for every poster who can't be arsed to research a fake PCN at the time and appeal. I know there are a lot of words to read but I am sure you could actually read the NEWBIES thread if you really want to learn about your options. I don't even think there's a long word on there...I wrote it as a laywoman in normal plain English and even added a post to explain what the acronyms mean.

And yes, I genuinely know the facts and so would you if you would just read the forum and the advice that was here all the time, covering all eventualities even small claims defence stage. None of us want you to pay this but it is up to you to read what's here.

Stroma

4consumerrights wrote: »

Do not ignore any letter from Gladstones - who are picking up the tab for most parking companies at the moment. Not one of their letters, I've seen yet complies with PD. Nor should you ignore any formal LBA or LBC(C) letter from Excel either.

And certainly as some parking companies appear to be doing also is skipping any LBA ro LBC(C) and issuing court papers - SO DO NOT IGNORE THIS EITHER.

But those letters come from Roxburghe in this case, just like Graham White they rent out their headed paper to this scum. So when a third party is writing the letters its no wonder they don't comply

Stroma

HO87 wrote: »

That said, Roxburghe are not dreaded in any real sense. I appreciate that you may be being ironic. They have recently been advised by the OFT that their application for a renewal of their debt collection licence has been refused - after a very nearly 3 year investigation. They hang by their finger-tips and are in the appeals procedure.

.

And on that here is what the OFT said

http://www.oft.gov.uk/news-and-updates/press/2014/08-14