PCN from excel help needed

Whyshouldi

New update.
Received a letter from wakefield Shirt Co. today, quote.

"Further to your letter dated 30th May, and having taken legal advice, this letter is to inform you that Excel Parking Services are tenants of the Wakefield Shirt Company Ltd. Excel Parking Services are not our agents.

Your dispute is with Excel Parking Services as occupies of the land and not with Wakefield Shirt Company Ltd. Please confirm by return that you will not take action against Wakefield Shirt Company Ltd."

Signed by hand by one of the directors.
Should I reply and if so how?

Hot_Bring

I'd respond pointing out that regardless of Excel being agents or tenants they are still responsible and liable. Also point out that Land Registry shows them as the owners of the land and thus liable for their agents / tenants actions. Confirm that action will continue against them and Land Registry records will used to show the court that they are responsible.

Coupon-mad

Hot_Bring wrote: »

I'd respond pointing out that regardless of Excel being agents or tenants they are still responsible and liable. Also point out that Land Registry shows them as the owners of the land and thus liable for their agents / tenants actions. Confirm that action will continue against them and Land Registry records will used to show the court that they are responsible.

This ^^^ and I would reply that you understood that Excel have a contract with the Wakefield t-shirt company to carry out parking services on their behalf and that often, Excel's contracts include the fact they are paid for this service. Whether or not Excel are paid, they are not a 'tenant' unless they have been assigned such proprietary rights so you would like to see a copy of the contract and cannot possibly confirm that no legal action will be taken since it appears that Excel are agents of Wakefield t shirt Company unless proven otherwise. Tell them that a copy of the contract (unredacted, all details) will be acceptable if they wish to prove Excel to be 'tenants' as surely it will be reflected in the wording.

And finish by reminding them that they need to check the situation and ensure that the charge is cancelled by Excel because (if the contract puts Excel as agents which you firmly believe it does) then most certainly, the Wakefield t-shirt company remain liable at all times for the actions of any agent in a public-facing car park, whether or not money changes hands. They might like to read the link below and reconsider their position as a service provider. Both Excel and the Wakefield t-shirt company have a statutory duty under the Equality Act to take steps to avoid disability discrimination:

http://www.equalityhumanrights.com/your-rights/service-users/when-service-provider-responsible-what-other-people-do

You suggest they inform Excel to immediately cancel the charge in which case you will indeed drop your planned action.


At the bottom, add PROOF OF POSTING HAS BEEN RETAINED REGARDING THIS CORRESPONDENCE

Obviously you must change the above to the first person!

Whyshouldi

Do I sign this one ?

Coupon-mad

Whyshouldi wrote: »

Do I sign this one ?

Yep, exchange formal, signed letters by normal snail mail 1st class (NOT recorded) and get free proof of posting. Of course you'll need to write the letter in the first person...sorry I realise that is obvious but you wouldn't believe it, I had someone on pepipoo forum copy & paste a suggested reply which was written like the above and they didn't even have the nous to change 'you' to 'me'!

Whyshouldi

Thanks, I did copy and paste but I did the obvious you to me to you swap around and read it back, was just the signature bit I was concerned about as you said don't sign the first letter... :o

Whyshouldi

Coupon-mad wrote: »

Ignore it anyway - and don't hold your breath waiting for a reply.

This from Rossendales today,

"Thank you for your letter dated 30th May 2014.
I confirm that we have been instructed by our client, Excel Parking Services to recover an outstanding debt owing to them regarding Parking Charge Notice issued on the 23rd November 2013. We are therefore authorised by our client, in our capacity as debt collection agents to pursue you for the outstanding balance.
I am aware that you have previously disputed this debt with our client. The matter proceeded to appeal and you were found to be liable for the above parking charge. You are therefore aware of your obligation to reimburse our client for this debt. The outstanding balance currently stands at £136.00.
I note your comments regarding refusal of access and an attendance at your property would only be taken if we could not resolve the situation by letter or phone. Our efforts to recover this debt are therefore not deemed as harassment.
In an effort to assist you I will agree to hold action for a period of 21 days to allow you time to contact us on 0844 701 3990 to discharge your debt.in full. If you cannot pay in full, please provide a full financial statement detailing your in come and expenditure, repayment offer and proof of income for our consideration.

Yours sincerely
Vivienne Calderbank
Complaints and Welfare Administrator
Rossendales Collect"

Also got a letter from Wakefield Shirt Company which I'll post shortly.
:mad:

Whyshouldi

From The Wakefield Shirt Company also today.

"Thank you for your letter. Whilst the Wakefield Shirt Company Ltd is the holder of the freehold of the car park at George Street, the land is leased to Excel Parking Services Ltd on a 10 year commercial lease for the purpose of Excel running their car park business. The Wakefield Shirt Company Ltd is not connected in any way with the operation of the car park. The occupier of the land and the operator of the car park is Excel Parking Services Ltd.
I am advised by my lawyers that your only recourse is to Excel Parking Services Ltd who operate the car parking business and the Wakefield Shirt Company has no liability or responsibility for that business.
We are not proposing to enter into any further correspondence on this matter and would make no comment on the dispute between yourself and Excel Parking Services Ltd and it's debt collection agent.

Yours sincerely
R John Donner
Managing Director"

Signed pp'd
E A Mayner
I think.

Am I right in assuming one is saying oh eck this needs further thought and the other is saying fetch me the bucket of sand to stick my head in?

Coupon-mad

The Rossendales letter means nothing, it's just another pile of drivel from debt collector which would never in a million years have a genuine job title 'Welfare Administrator'! Vivienne Calderbank, shame on you, deluded person - why not just get back to having your nails done at your beloved employer, Rossendales, rather than pretending a debt collector cares about anyone's welfare.

That's very interesting about the lease, so Excel lease the site at George Street car park. I wonder if they pay appropriate business rates for the business they are running there? Anyway it does seem then that Wakefield t-shirts are out of the equation.

So as Excel have not bothered to reply yet to your letter I would say wait. You should be aware though that as you (sadly) threw away your POPLA appeal golden ticket to win, Excel are very likely to try a small claim. Read post #5 of the NEWBIES thread about small claims defences and let us know if you get to that stage.

Whyshouldi

Sorry about this, but could you post a link to the above mentioned thread as I can't seem to track it down, thanks.