PCN from excel help needed

Dee140157

Do you mean a link to post 5 of the Newbies thread? That is the thread at the top of the main page of this forum
https://forums.moneysavingexpert.com/discussion/4816822

Coupon-mad

Whyshouldi wrote: »

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

You do need to practise hopping around the forum - the NEWBIES sticky thread is 'stuck' at the top of page one which is only ever one click away. My signature below even tells you where to click in the breadcrumb trail blue link above, to get back each time to page one.

Once you can hop around reading threads then one click back 'home' to read the next one, the forum becomes so much more useful for you to use & read threads galore.

Whyshouldi

Coupon-mad wrote: »

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.

Will do, hopefully they'll forget about me, this is all getting a bit daunting.
Just a quick question, because of the part about allowing me time under disability discrimination act does this mean the law is on my side? If so why would Excel even consider court knowing they would loose?

:o

Coupon-mad

It's not the Disability Discrimination Act any more - please take on board the details as it will be important if you do have to defend it. It's the Equality Act 2010.

And Excel won't necessarily lose if a person didn't defend it well, or got scared and paid (which is what they hope) or even if a Judge didn't get it (has happened, small claims is a lottery re the Judge). Excel v Greenwood is worth you reading the entire pepipoo thread in full - and it's linked in the NEWBIES thread post #5 under 'small claims cases won by defendants (non exhaustive)'. I won't link it here, that's the point I am making that you need to practise hopping round the forum and knowing where to click to get home to page one again each time you read a thread. Then you can click on links and not lose your way not have twenty tabs open on your PC!

Whyshouldi

I was getting mixed up because I too (like mr. G when he worked) have adjustments to workload to allow me to control my condition and that is covered by disability not equality.

Redx

Whyshouldi wrote: »

I was getting mixed up because I too (like mr. G when he worked) have adjustments to workload to allow me to control my condition and that is covered by disability not equality.

the point being made above is that the Disability Discrimination Act 1995 has been superceded by the Equality Act 2010 , meaning the DDA 1995 no longer applies (neither does the DDA 2005 either ) as it was all absorbed into the EA2010

therefore you quote the EA 2010 when dealing with these issues, doesnt matter if its about disability or equality , it is always the EA 2010 now

hope that explains the answers (basically , forget about the DDA 1995 and 2005)

Coupon-mad

Whyshouldi wrote: »

I was getting mixed up because I too (like mr. G when he worked) have adjustments to workload to allow me to control my condition and that is covered by disability not equality.

The Equality Act incorporated and improved the old DDA, which doesn't exist any more as such. Disability matters ARE 'equality' matters.

Redx

frankly , I would like to see somebody actually issue proceedings under the EA 2010 against some of these landowners and private parking companies , mainly to teach them all a lesson but also to have something that can be used in other cases (like when transcripts and court cases are cited by claimants and appellants)

I am not sure how you go about doing the above , maybe its by an MCOL ? , or some other mechanism ? (I looked on the dot gov website and court claims section but couldnt see it) but it intrigues me and will be something I would consider if I am ever put in the same position as I do qualify too

its alright saying we will do it , but another thing to actually do it , but it definitely needs "doing"

I certainly believe it should be done in this particular saga

Whyshouldi

Redx wrote: »

frankly , I would like to see somebody actually issue proceedings under the EA 2010 against some of these landowners and private parking companies , mainly to teach them all a lesson but also to have something that can be used in other cases (like when transcripts and court cases are cited by claimants and appellants)

I am not sure how you go about doing the above , maybe its by an MCOL ? , or some other mechanism ? (I looked on the dot gov website and court claims section but couldnt see it) but it intrigues me and will be something I would consider if I am ever put in the same position as I do qualify too

its alright saying we will do it , but another thing to actually do it , but it definitely needs "doing"

I certainly believe it should be done in this particular saga

Hopefully it won't go to court, but if it does I will hopefully be able to use the EA as part of my defence

Redx

well, I did some googling yesterday about this and found a pdf from the Disability Law Service which seems to suggest you can claim under the small claims service and typically for say £500 but also states it has to be done within 6 months minus 1 day of the problem occurring and typically any parking court case takes longer, so their advice is to send the people an LBC (letter before claim) , then send a questionnaire about the issues regarding non-compliance and what they do about adhering to the EA2010 , then a form called an N1 , then an allocation questionnaire is sent and it appears to follow the small claims track I have seen on here before that the parking companies are using (so maybe its all the same thing)

this pdf is dated 2011 so I believe its out of date and the forms may have changed but apart from it being red tape I dont see any difference

now as the wakefield shirt company have told you that Excel are the tenants and state the tenant is liable , then it was up to Excel as tenant to comply with the EA2010 and the debt collector should have stopped harassing you when you denied the debt and referred it back to Excel , so I believe they are jointly guilty of harassment and so should be jointly and severally liable as well (but maybe not the actual landowner)

so I believe you have a stronger case due to the above than a car park like the Peel Centre , Stockport where its clear that Excel are managing agents (although I still believe they are liable for the EA2010 on there too)

the point here being not to leave it past any court deadlines so its important to start the ball rolling with Excel, which I appreciate you have sent them a letter but may not have given them a deadline to respond

so keep your eye on the ball, also bearing in mind any court deadlines of your own (the date all this started)

my additional point is that you would be seeking a counter claim , not just relying on defending your side in court with their claim , but actually starting a claim yourself (as well) , all this started on 23 nov 2013 and that is why I am making this post, it all depends on when the issues are deemed to have started , is it right at the beginning ? or would it be when their court claim starts ? , or at the end of their court claim when a judgment is issued ? - or if they refuse to deal with your present letter ? , difficult to say but I believe the latter

I have never used this small claims service but I believe I would do so in this case from what I have read so far (ie:- issue a counter claim)