Peel Centre Excel PCN appeal turned down as after 28 day period

Flying_girl

Hi, I have been involved in a situation at the Peel Centre, Stockport. In October 2013. I sat in the car whilst my son popped into work, I was in the car park for 40 minutes. I didn't leave the car and presumed I didn't need a ticket. I received a PCN 2 weeks later showing my car registration but no ticket was left on the car. The charge was £60, I ignored the charge as I wasn't aware of the law had changed and thought this was the Right thing to do. I've received 2 further letters from Excel and also 2 letters from Rossendales Collect threatening a doorstep visit.

I have been reading through all the very helpful postings on here so
I wrote to Rossendales Collect and Excel explaining that I was the keeper but my son was the driver so they needed to pursue him and I gave them his address. I used the letter suggested by Lazy Daisy explaining that this discharged my obligation as the Registered Keeper under POFA 2012.
I received a letter from Rossendales Collect saying that under the protection of freedom act I was required to provide information within 28 days , as I hadn't the balance remains outstanding.
I also received a letter from Excel saying that due to the non receipt of payment within 28 days of the Notice to keeper being issued all enquiries must be made now direct to their debt recovery company Rossendales Collect. They complete their letter with the words 'We will not acknowledge or respond to any further correspondence!!!!!

I also emailed the BPA and received this reply:

I note your contentions about an arbitrary 28-day deadline imposed by Excel and would respectfully observe that your interpretation of POFA and the Code is different to mine.

I refer you specifically to;

Section 4 (4) of POFA
Section 5 (2) of POFA
Clause 20.16 of the Code

So basically I have followed your advice but this is being disputed by Excel, the BPA and Rossendales collect.

Could someone please advise what I should do next please??
Thank you very much

Stroma

You wrote to the debt collectors , why ?

When you are naming someone else as the driver you go to the parking company themselves. So write to them and say you were not the driver, give a serviceable name and address of the driver. That discharges your liability, and pofa 2012 allows you to do that at any time up until a small claim is initiated.

So write to them, get a proof of postage from the post office, and your son should get the new letter.

Flying_girl

Hi I wrote to the debt collectors to inform them that I was not the driver of the vehicle and that I had informed Excel Parking who the driver was. They were threatening that 'this matter may proceed to court' and a potential home visit was imminent.
I have written to Excel Parking informing them who the driver was and also his address, they have written back to say as I am outside the 28 day period 'All enquiries or payment must be made to our Debt Collection Company Rossendales collect'
They have not sent any correspondence to my son and are obviously still persuing me for the £136.
I quoted 'This discharges my obligation as Registered Keeper under POFA 2012'
Not sure what I should do next?
Thanks for taking the time to reply.

Stroma

You should complain to the bpa and dvla again, read post #6 of the sticky thread by coupon mad. As for taking you to court, they would be nuts to do this as you have informed them who the driver is. If they do issue you will have a real strong defence as they are taking the wrong person there. Pofa 2012 Does not say you cannot name the driver after 28 days.

Flying_girl

Hi, I received this from the BPA so not sure what I should write differently??

Dear Xxxxxxxxxxxx
Thanks for your note.

By copy I will be asking my Operations Manager to handle this case for me as I am on leave next week.

He will need copies of the documentation that you have received if it is possible for you to supply them.

I note your contentions about an arbitrary 28-day deadline imposed by Excel and would respectfully observe that your interpretation of POFA and
the Code is different to mine.

I refer you specifically to;

Section 4 (4) of POFA
Section 5 (2) of POFA
Clause 20.16 of the Code



Kind regards

Steve Clark
Head of Operational Services
British Parking Association

This seems to suggest that my interpretation of the POFA is incorrect?

Stroma

Or it means his interpretation of pofa 2012 is incorrect! That section mentions this

(2)Sub-paragraph (1)(b) ceases to apply if (at any time after the end of the period of 28 days beginning with the day on which the notice to keeper is given) the creditor begins proceedings to recover the unpaid parking charges from the keeper.

As no proceedings have been initiated it means you can still inform the parking company who the driver is. As I said they would be nuts to take this to court. How could they knowing that they got the wrong person?

bondy_lad

i would love the debt collectors to turn up on my doorstep,oscar pistorius then springs to mind,just follow stromas advice,m lady.

Flying_girl

So just to confirm, I write to Excel Parking again? I reply to BPA again?
Can you give me an idea of exactly what to put in these letters please as Excel has said it will not reply to any of my letters and Rossendales Collects say 'under the protection of freedom act you were required to provide the information within 28 days, however you did not so therefore the balance remains valid and outstanding'
I have looked brought all the sticky posts and I can't find any templates for situations like mine.
Thanks vey much

ColliesCarer

Here is a letter I've adapted from one in post #10 of lazyDaisy's thread that was intended for Parking Eye's legal dept - see what you think
Send a copy also to BPA and DVLA
Also send a letter to the debt collectors denying the debt and refering them back to Excel






Mr Simon Renshaw-Smith
Managing Director
Excel etc


[Insert Date]

[Insert the reference quoted on their letter]

For the personal attention of Simon Renshaw-Smith

Dear Mr Renshaw-Smith
PCN Number xxxxx
Vehicle Registration Number xxxxx


I am writing to make a formal complaint about the conduct of your staff.

The grounds of my complaint are set out below:

1 I am the Registered Keeper of the above vehicle, however I was not the driver on the day that of the alleged parking event - a fact which I am willing to prove in court if necessary.

2 By a letter dated [xxx] I advised your department, in writing, of the name and address for service of the driver of the vehicle.

3 By a letter dated [xxx] your staff acknowledged receipt of my letter identifying the driver but advised me that your company still intends to pursue me, as the Registered Keeper.

Put simply, it is not open to you and/or your staff to pick and choose against whom to enforce this charge. You and your client are bound by the law of the land, in the same way as any other private parking company. Since you do now know who the driver is and where that person lives, that is the person who you must pursue.

I refer you to The Protection of Freedoms Act 2012, specifically Sched 4, Paras 2 and 5. You will see that the legislation provides that in order to pursue the Registered Keeper, your company must be unable to take steps to enforce against the driver because it does not know the name of the driver and a current address for service.

I also refer you to the flow chart at BPA Code of Practice Appendix E, which explains in simple terms the procedure that you must follow once the Registered Keeper has disclosed the drivers details (please see the blue part on the top right of the flow chart).

You will see that, nowhere in the legislation, or the supplementary advice provided by the BPA, does it state that the Registered Keeper must provide the driver's details within the arbitrary time limit of 28 days which you are seeking to impose.

As the template letter sent by your department acknowledges, I have already provided you with the name of the driver together with the driver's current address for service. This means that I have discharged my obligations under POFA 2012 as the Registered Keeper.

I suggest that you now do what is required of you, and serve a Notice to Driver on the driver of the vehicle on the day in question.


Yours etc

PRINT NAME

cc britishparking.co.uk
dvla.gsi.gov.uk;

Flying_girl

Thank you very much for all your helpful replies, I really appreciate it, I'll send off the letter today using the wording you have suggested and hopefully I will get somewhere this time.
Regards

ColliesCarer

Just give it a check first to make sure it's all relevant to your circumstances - I just did a quick redraft of the P Eye version and may have left something in that shouldn't be there.