Old Excel Claim Resurrected

rolyb

https://forums.moneysavingexpert.com/discussion/2364705=

This is the link to my earlier thread (now closed) from 2010 regarding Excel parking. I received the usual batch of letters from Excel (2), Roxburghe (1) and Graham White (2) and then all went quiet. I simply filed everything and did not appeal..

Briefly I parked, paid for three hours and displayed. Two-and-a-half hours later returned to car with shopping. Paid for a further three hours and displayed. Continued to shop. Two hours later returned to car - a ticket affixed to door window claiming Contravention Code 94 'Parked without displaying ticket'.
Strange that the ticket was timed during my first period of parking but was not fixed to my car till later in the day.

Now, four years on, Rossendales Collect have written to say they intend to recover the outstanding debt immediately.

I do still have the two tickets I bought for £3 each on that day showing the times of purchase and expiry. Therefore I am amply covered for parking for most of the day.

I understand that procedures may have changed since 2010. What advice can you give me regarding this latest demand?

Thank you in anticipation.

Redx

read this https://forums.moneysavingexpert.com/discussion/5038567 and especially post #2 , and check those links as well

plus read post #4 of the NEWBIES sticky thread at the top of this forum

you and hundreds of others are getting these letters about old claims, until 6 years has passed when they become invalid under MCOL rules

so ignore until then, but keep the paperwork

rolyb

Oooops! I should have spent more time searching the forums. It's all there as hundreds of others are in the same boat. Rossendales appear to be on a purge.

Thanks MSE for your help.:beer:

Stroma

I would put a complaint into ICO on this, Excel holding your data for 4 years is unfair and against the dpa

https://www.gov.uk/data-protection/make-a-complaint
http://ico.org.uk/for_organisations/data_protection/the_guide/principle_1#fair-processing

James_N

Stroma wrote: »

I would put a complaint into ICO on this, Excel holding your data for 4 years is unfair and against the dpa

https://www.gov.uk/data-protection/make-a-complaint
http://ico.org.uk/for_organisations/data_protection/the_guide/principle_1#fair-processing

thanks for this, and would be happy to pursue a complaint on my own account, but cannot see the specifics that would constrain a four-year use of the data. Could you elaborate or signpost please.

Stroma

Keeping data longer than necessary is unfair, putting a complaint along the lines of this being a fishing expedition after 4 years of nothing , it can't be right this data retention , If it was me I would put in a complaint and let ICO decide whether something is wrong.

If nobody complains it will continue, I would say this is probably something that the dvla should be doing as well, a complaint about their kadoe agreement with Excel should elicit something.

Coupon-mad

Especially as the POFA 2012 has changed the law in the meantime so there is no justification to pursue a keeper of a car after all this long silence in the hope they might be fooled into thinking they are 'liable as keeper' nowadays since the Act changed things (for new private PCNs only of course). It's misleading and wholly unfair and unjustified storage of a keeper's data.

And it is it the case that the Rossendales letters are NOT even reminding recipients of the actual date of the parking event? So it looks a bit like the 'date' of August could be referring to a current PCN? Misleading and unfair!

rolyb

Coupon-Mad. Many thanks for your input. I do have one question for which I canot find the answer even in the Debt Collector section.

It is now four years since I received the Parking Charge Notice from Excel. Things have changed in four years and I see that the advice has changed too. Now it is considered that do not ignore is the rule. So having now received a letter from Rossendales Collect - what is the best action to take? Do I ignore again . . . . .?

I must admit, I was simply going to sit and ignore them just as I ignored others in 2010. Would that action be sufficient for them to 'go away'?

Redx

rolyb wrote: »

Coupon-Mad. Many thanks for your input. I do have one question for which I canot find the answer even in the Debt Collector section.

It is now four years since I received the Parking Charge Notice from Excel. Things have changed in four years and I see that the advice has changed too.

Now it is considered that do not ignore is the rule.

So having now received a letter from Rossendales Collect - what is the best action to take? Do I ignore again . . . . .?

I must admit, I was simply going to sit and ignore them just as I ignored others in 2010. Would that action be sufficient for them to 'go away'?

no it isnt, ignore is still the rule for the debt collectors and their letters but do not ignore is the rule for any pcn issued after oct 2012 due to POFA 2012

no it wont be sufficient to make them "go away" , not for 6 years anyway , which is when the statute runs out under the small claims service (MCOL) and that is the point at which they will have to "go away" in england and wales (5 years in scotland)

but the advice on here has always been to IGNORE THE DEBT COLLECTORS LETTERS and it says so in the newbies thread - no time limit is placed on that advice, its a categorical IGNORE THEM - PERIOD

but DO NOT ignore any letter that is an LBC or MCOL from the landowner or the PPC

the DO NOT IGNORE advice is for any pcn in england and wales post oct 2012 due to POFA 2012

rolyb

Thank you Redx for the clarification.

We are in Ignore Mode as from now.

PS: I did not appeal the Excel PCN in 2010 and do not plan to do so now.

Thanks again

Redx

good , and if you werent driving at that time they cannot invoke RK liability , plus you do not have to name the driver , hence why they rarely go to court on these

but after pofa 2012 made the RK liable in some circumstances, they have upped the MCOL and debt collector games , plus any LBC too , but only from october 2012