Unsure how to proceed

_araucaria_

Hello folks,

First, apologies if this is bad form, but I've been trying to work out what the best next step for me would be, based on all of the really useful information provided in this forum, and I'm not sure, so I'd really appreciate some advice.

Basically, I received the usual excessive fake PCN demand in the post, followed by a NTK. As I was moving house and starting a new job around the time I received the PCN/NTK, it fell through the cracks until I started getting letters from a debt collector. I wrote the debt collector a letter (based on a template I found on here) telling them that the debt was in dispute and they should back off. I also wrote to the PPC, suggesting that their claim wasn't a GPEOL and that I did not recognise that there was a contract between us. I offered a lower amount (cheque enclosed) to make the problem go away and said if they refused to accept, they should send me a POPLA code.

The PPC has now written back, refusing the offer (saying they incur costs running the car park, blah blah, don't know how they can argue this results from any specific breach), refusing to give me a breakdown of the costs arising from the claimed breach, and also refusing to give me a POPLA code, as the appeal period has expired. So now I'm not sure what the best option is now. Should I:

- try to get a POPLA code by nominating the driver, to try and reset the clock on the appeal period?
- wait for them to take me to court, maybe arguing that I made a genuine attempt to settle the matter?
- something else?

Any help greatly appreciated.

bazster

What PPC???

_araucaria_

Excel Parking

Hot_Bring

"- try to get a POPLA code by nominating the driver, to try and reset the clock on the appeal period?"

Is the correct answer.

bazster

Excel doesn't often do court, but it's not unheard of. They usually manage to screw it up spectacularly.

Certainly you could dob in the driver and then he/she could win at PoPLA. They may well respond that it's too late to shop the driver and you remain liable, which would seem to be true if you read the stupid BPA Code of Practice, but according to the law (which is what really matters) it would be a Big Fat Lie.

Coupon-mad

_araucaria_ wrote: »

Excel Parking

Have a read of this thread:

https://forums.moneysavingexpert.com/discussion/5016424

Just be aware of what I said to that poster - Excel won't play the game and send the driver a new PCN but that's their lookout. When you send the letter from the keeper, naming the driver (preferably at a different address) don't expect miracles! Read the linked thread. But it does mean neither the keeper nor driver is liable if the former has discharged liability and the latter has never been sent a PCN.

_araucaria_

Thanks for all your help on this. I've sent off a letter naming the driver now, and I'll report back if/when I get a response.

_araucaria_

Just wanted to update this now everything has been settled. Following a number of debt collection letters sent to me as the keeper, I nominated the driver as advised in this thread. This had the desired effect of resetting the clock, and Excel sent a new PCN to the driver. The driver then appealed, first to Excel and then to POPLA, and POPLA have now allowed the driver's appeal on GPEOL grounds (largely because the cost breakdown submitted by Excel referred to the debt collection process and the "2nd stage process").

Many thanks to everyone for their very helpful advice, keep on fighting the good fight!

Umkomaas

Excellent result. Proof that 'naming the driver' can get the clock reset and provide an overall winning outcome.

Well done!

And thanks for feedback - keeps us motivated to help.