Excel parking/Rossendales Debt collection issue

stephen78

Hi everyone, I`m writing about an issue that has raised its head again regarding a parking ticket issued by Excel parking, 3 and 1/2 years ago!
It all started in December 2010 when my car was parked in a very poorly marked disabled bay (I by the way DO NOT condone using disabled bays when not disabled) which had worn out incomplete yellow lines. I WAS NOT the driver and was at work during the time which I can prove if needed.
I received several letters from Excel parking which I followed the advice on here and sent a letter to them in Feb 2011 stating I was not the driver at the time and that I was under no obligation to divulge who was. I then weeks later received a phone call from some alleged solicitor trying to tell me I was responsible for the ticket received and I again informed them I was not legally obliged to inform them who the driver was and that it could have been one of several members of my family responsible. I told them I had nothing to do with the ticket received as I had not entered any civil contract at the car park as I was not driving and they need to issue the ticket to whoever was driving. After him then trying to go down some route of the vehicle being uninsured, in a weak attempt to confuse me, due to me claiming I didn't know who was driving I told them that if they were going to take me to court then to get on with it and I didn't expect any further communications from them other than court proceedings.
That I thought was the end until early August 2014 (3.5yrs later!) when I received a letter from ROSSENDALES COLLECT stating the debt has been passed to them and I now have 7 days to pay the outstanding £150.
What should I do at this stage? I think I have 2 issues to contest the ticket 1. The disabled parking bay was not clearly marked
2. I WAS NOT the driver at the time.
Any advice welcome many thanks.
Steve

bazster

Lots of these at the moment, look around the forum. Just ignore them.

pogofish

Please have a look at the rash of Rossendales threads from the last couple of days - all is explained.

stephen78

I`ve had a quick look at other threads but though Id post about my case due to it being 3.5years since the ticket was issued and unclear how the change in appeals etc will affect me and which route to take. Thanks.

pogofish

There is no change to worry about - POFA 2012 is not retrospective.

stephen78

Ive read up on a few on the sticky threads so to clarify as this ticket was issues prior to Oct 2012. POFA does not apply and I am not obliged to divulge who the driver was at the time the ticket was issued and I should just ignore the debt collector letters. However I am going through a divorce and no longer live at the address they have for me so only get what letters my ex passes to me so may be a risk of not receiving some correspondence. Should I inform the debt collectors of my change of address just incase they do issue court proceedings as I wouldn't want to miss this letter.

Coupon-mad

Yes I think I would send a snail mail letter and get proof of posting. Send a copy to Excel and a copy to the debt firm, finishing with this or similar:


'Proof of postage of this letter has been obtained and a copy kept so you must now refrain from writing to my old address in order to avoid pursuing another party in error. I have only provided you with my new address for the service of court papers; if these do not follow within 21 days of receipt of this letter, I will consider the matter closed at last.

Finally - a warning. Take note:
I take this opportunity to remind you that this was a pre-POFA 'PCN' and so there is no lawful possibility of keeper liability. I have not ignored this spurious charge. As far back as 2010 and 2011 (over a year before POFA) I informed you in writing and on the telephone that I was not driving and your only option was to re-issue the ticket to whoever was driving, if you had taken steps to establish who that party was at the time. If you have failed to establish who the party was then that is not of my concern. The only concern is these letters; Excel Parking Services has hounded me for years without justification.

This continued pursuit of me is unwarranted harassment. This has escalated to become a 'serious and persistent unwarranted threat' as found by Lord Justice Sedley in Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009).

To remedy the harassment, I require Excel Parking Services Limited - and its client at this car park and its agents - to cease and desist with the following behaviour, which is to my detriment and has caused alarm and distress:

- sending letters or making any further contact with me or my household (including both addresses) regarding this alleged 'charge' - save as to confirm cancellation.
- threatening court action over the above matter. You know I am not liable. If Excel parking Services believes there is a cause of action then you have 21 days to commence a small claim.

If you do not cancel the PCN you will be reported to the BPA and DVLA and I may commence my own claim against Excel and Rossendales without further correspondence.

Yours faithfully,




(it's based on this one I wrote in May when Rossendales sent out some drivel, although that case was a recent PCN):

https://forums.moneysavingexpert.com/discussion/comment/65646422#Comment_65646422

Yours on the other hand has no justification to be followed up.

If Excel or Rossendales don't cancel after that, then send a complaint to the BPA about them pursuing a registered keeper several years after being informed you aren't liable.