Appeal Rejected

Goodnews

Coupon-mad, ampersand, Guys Dad, thank you ever so much for your help. I'll be using ampersand's version of letter as it is concise.

I'll feedback on response or absence of response from Excel.

Thanks to all who have taken previous time to help out. You have been fantastic!

ampersand

Remember to complain to BPA, gn, and obtain your free Cert. of Posting from the PO.

Anything that comes now can go straight into that nice new file you now have:-)

For BPA, a brief cover note should suffice- 'The enclosed documents demonstrate a clear breach of POFA 2012 and I await your acknowledgment of this fact along with a copy of your letter of warning and or sanction to EXCEL within 10 working days i.e. by[date]. Research into their 'business' model shows them to be persistent offenders. Y/f etc.'

Goodnews

Hi Everyone,

Thank you all for your support with dealing with the PCN from Excel. I have now received a letter from them since my last post here.
First they stated (error on their side) they received my correspondence to them on XX/XX/2005!! I wrote to them in August 2014!
They continue by stating they would not provide a POPLA code and also, that they are pursing the Keeper outside POFA 2012. They referred to a note on the initial PCN stating that their rights under POFA no longer applies if PCN wasn't receive by he 14th day after the contravention!

Are they able to pursue this outside POFA?, And are there any other options to continue to fight this?

Please help, your support is most appreciated.

Thanks very much.

Redx

if its outside of POFA 2012 , they can only pursue the driver, for up to 6 years , under the MCOL rules

Goodnews

In addition to the letter from the Parking Operator, I also received a letter from BPA (as I had complained to them), asking me to forward a copy of the PCN and correspondence to and from Parking Operator. They have indicated however that they are not a regulatory body and as such unable to the individual tickets issued or the appeals process. Also that they do not have the authority to instruct the parking operator cancel the PCNs. However they are happy to investigate possible breaches of the code of Practice. Is worth sending them any information at all?.

Redx

always send the BPA copies of all paperwork and the dates received etc, you are trying to get them to issue a sanction due to failures of the PPC under the BPA CoP

no they cannot cancel a pcn for you as they are a trade body, but if they find CoP breaches then its a strong point in your favour if it goes any further

ideally you should have appealed this within the 28 days and cited the POFA 2012 breach making the RK not liable , then going to popla if Excel did not cancel

your late appeal didnt help you in this regard, as both you and the PPC were late , so both of you have failed certain aspects of this case

you cannot force a popla code

the BPA cannot force a cancellation

the landowner can either force a cancellation or at least back your case causing a court to side with you or to force a popla code as ADR

if Excel are mindful of POFA 2012 not being adhered to, then they can only pursue the driver under MCOL rules due to RK liability being none existent so a failure in court if it goes that far.

Therefore you should read the earlier posts in this thread by myself, coupon-mad and @mpersand etc which tried to explain the vagaries of your particular and complicated case

Umkomaas

Goodnews wrote: »

Hi Everyone,

Thank you all for your support with dealing with the PCN from Excel. I have now received a letter from them since my last post here.
First they stated (error on their side) they received my correspondence to them on XX/XX/2005!! I wrote to them in August 2014!
They continue by stating they would not provide a POPLA code and also, that they are pursing the Keeper outside POFA 2012. They referred to a note on the initial PCN stating that their rights under POFA no longer applies if PCN wasn't receive by he 14th day after the contravention!

Are they able to pursue this outside POFA?, And are there any other options to continue to fight this?

Please help, your support is most appreciated.

Thanks very much.

Wouldn't mind a looksee at that letter (redact any personal detail first). Any chance you could photo/scan it and upload it here. Host it on Photobucket or Tinypic (both free to use) then copy link and paste here.

Goodnews

Redx, Umkomaas thanks very much for your response.

I am unable to upload a scanned copy of the letter from Excel. However the wording is as below;

Dear xxx

Notice Serial No: xxx
Vehicle Registration: xxx
Date & Time of Issue: xxx

We write further to your correspondence received on XXXX, in connection with the above Parking Charge Notice.

Please note that we are not providing you with a POPLA code as you failed to lodge a valid appeal within th stipulated time frame.

With regards to your comments advising we cannot pursue yourself as we are not acting within the Protection of Freedoms Act 2012, we must advise you that the Notice you originally received clerly stated, "If you are the vehicle Keeper and you have not received the Notice by the 14th day after the Contravention Date stated above, our rights under PoFA
2012 no longer apply".

As per the above, we are pursuing yourself outside of the Protection of Freedoms Act 2012.

The outstanding amount of xxx is due to be received within our office by xx xx 2014. Should no payment be received by this date, further costs will be incurred should it be necessary for us to recover any outstanding charges using debt recovery and/or court action.

Yours sincerely,

Excel Parking services Ltd
Litigation Department

Guys_Dad

Dear Excel,

I refer to your letter of dd/mm/yy.

As you have confirmed that you are not able to invoke POFA keeper liability and I reiterate that I was not the driver at the time, any further correspondence on this matter, other than confirmation that the charge has been cancelled, will be construed as harassment and will be reported to the BPA.

End of.