Help Please - I have read the Newbies stickies

Monkey_Harris

I've also added a paragraph towards the end stating that it is unfair and misleading for them to state that I must correspond only with the debt collection company as the debt collection company had already told us they were passing the file back to Excel.

I feel I should highlight this as it is confusing and would no doubt give Excel the excuse not to issue the driver a PCN. What do you think?

Excel Parking Services Ltd
Central Payment Office
Sheffield,
S9 9DJ

15th July 2014

Your Ref: REF
Notice Serial No: REF
Vehicle Registration Mark: REG

Dear Sir/Madam,

I am the registered keeper of the above mentioned vehicle.

I am writing to acknowledge your letter dated 4th July 2014 and to inform you that I was not the driver of the vehicle on the date of the alleged 'parking event'. Therefore you must pursue the driver, who has so far NOT been given a copy of any of your letters to me, and whose details are:

Name
Address

Please note: this discharges my obligation as Registered Keeper under Schedule 4 of the Protection of Freedoms Act 2012 and any court proceedings will be defended on that basis.

Note also that I am writing to your Debt Recovery Company to inform them that I have identified the driver (attaching a copy of this letter) and that they must now refer this back to their client.

I must also point out that the last correspondence I received from your Debt Recovery Company, dated 18th June 2014, stated that they were returning the file back to Excel Parking Services Ltd. Given this statement, it is unfair and misleading for you to state in your letter dated 4th July 2014 that I must correspond only with them and that you “will not acknowledge or respond to any further correspondence”.

Any further correspondence to me, other than to acknowledge my letters and confirm no further action against me, will be deemed harassment and will be pursued in the small claims court for damages.

Yours faithfully,


Name

Coupon-mad

I've also added a paragraph towards the end stating that it is unfair and misleading for them to state that I must correspond only with the debt collection company as the debt collection company had already told us they were passing the file back to Excel.

I feel I should highlight this as it is confusing and would no doubt give Excel the excuse not to issue the driver a PCN. What do you think?

Yes that's very reasonable to include, you have the high ground here so let's see what rubbish Excel then send! Unless she gets court papers or a LBCCC, the keeper won't need to reply again as she simply is out of the equation (get free proof of posting if that letter - sent 1st class, not signed-for! - and keep it with a copy of the letter itself).

Monkey_Harris

Great, thanks!

Will get proof of posting & will keep you updated.

Monkey_Harris

Does this sound ok to send to the Debt Collection Agency? It's based again on a letter drafted by zzzLazyDaisy:

Dear Sirs,

Re: Parking Charge Number: REF

I refer to your letter of [date], and earlier correspondence.

Firstly, I have no intention of paying the money demanded by your client, and any court proceedings will be vigorously defended.

Second, I have written to Excel Parking Services Ltd identifying the driver (I attach a copy of this letter) and you must now refer this back to your client.

Please note: this discharges my obligation as Registered Keeper under Schedule 4 of the Protection of Freedoms Act 2012 and any court proceedings will be defended on that basis.

In the meantime, you should note that this charge is disputed, and you must now refer this matter back to your client and cease and desist all further contact with me. Failure to do so will result in a complaint to the Credit Services Association.

I trust that I have made myself clear.

Yours faithfully

PRINT NAME

Coupon-mad

Yep, you could add this bit to this section:


In the meantime, you should note that this charge is disputed, and you must now refer this matter back to your client and cease and desist all further contact with me. I am not the liable party as I have named the driver before proceedings commenced. If you do not cease and desist your contact with me, I will lodge a formal complaint with the Credit Services Association.

mrs_z_3

Hi
I too live in Stockport and have never bought a ticket for the Peel centre, consequently I have had 3 tickets from Newlyn in the past few years. I have NEVER paid them a penny. This is because the car park is a private carpark and not a council carpark and therefore they have no legal right to send you depth collection letters. You will get threatening letters for up to 6 months after you get the ticket with the amount constantly going up and the letters being more and more aggressive, but don't give in and don't pay! I think my last one went up to around £250. They seem to stop once they claim they will be instructing bailiffs to take action. I tried to appeal my last ticket asking for evidence that I'd parked in the car park and been issued a ticket on my car (which there wasn't) and they just sent two pictures of me driving in and out, which doesn't prove anything.
If you had parked in a council carpark then the matter would be different and you do need to buy a ticket but if you do get a notice from Newlyn regarding a council carpark the amount you need to pay will be far less than what they will be asking for. They are crooks and will lie on the phone when you speak to them. Be strong, don't give in and know your rights!
With regard to the Peel centre if you don't want the hassle in future just park outside carphone wearhouse as there is no camera in that little car park.

Hope this relieves your mind!

Stockport resident

Monkey_Harris

Great. Again, thanks guys. I'll get these sent off (1st class with receipts) and let you know how it goes. I've complained by email to the store manager at Hobbycraft but that was last night so am still awaiting a response.

Monkey_Harris

Don't expect Excel to then send you a PCN of your own (they should, but they won't) after your wife has named you as the driver.

Well, no PCN for me from Excel so far... Shall I just sit it out?

Also, I've just had a reply from my email of complaint to the store manager of Hobbycraft, who says:

May I point out that excel parking is of no representation to Hobbycraft and we do not have any dealings with this company, the car park is owned by Peel Holdings, who use excel to operate it.

From my experience the first thing you should do is appeal your charge, however the car park is clearly a pay and display car park, and it is signed throughout the car park. The car park does operate a camera system which films you on the way in and out.

We have no way of cancelling your ticket, that is a decision that excel will take during the appeals process, I am not sure if you have appealed or not.

What I can do is back your appeal, this may work or it may not.

If you could send us a copy of your ticket, plus the reciepts from your visit here, and I will send to excel to add weight to your appeal. You can just send us the images via email if easier.

Please be aware this does not often work, but it has been known to.

Of course, we have no ticket - which I explained in my email to him, but I could send the receipts if my wife can dig them out...

Redx

Monkey_Harris wrote: »

1) Well, no PCN for me from Excel so far... Shall I just sit it out?

2) Also, I've just had a reply from my email of complaint to the store manager of Hobbycraft, who says:



Of course, we have no ticket - which I explained in my email to him, but I could send the receipts if my wife can dig them out...

1) what makes you think you have a choice here ?

also bear in mind they have 35 days to respond, and you havent left it 36 days before posting

you have no other option but to wait and sit it out and may never receive a pcn in your own name , but the fact remains that the driver has been named so if they go after the RK then that is their defence, no POFA 2012 liability due to having named the driver

2) they are quite correct and seem to hold no sway over these matters , it was worth trying but is not a pointless excercise as they are not the landowner and have no contract with excel (I believe they are all tenants renting from peel holdings - a captive audience)

no ticket =- not ticket ! rules broken

you are now in the realms of legalities and laws , as to what the remedy is for breaking these rules and not paying to park

ezerscrooge

Always best to deal with them, and get the tickets cancelled at POPLA if needs be - lots of successes on the forum for this car park.

You've done the right thing M-H by following the advice of the regulars to discharge the Keeper duty and shift it to the Driver. Keep all letters for 6 years.

Strongly advise against ignoring and letting the letters/rates increase - it may go quiet Mrs Z, but they do have 6 years to start a claim and that may well come once all your evidence has long since being destroyed. Best to close the matter once and for all.