Newlyn PLC + Excel Parking, please help!

andrewmirley

Ok, so im going to try and condense this story as much as possible, as im not too sure what to do now.

Back in April 2014, i got a parking ticket in birmingham by excel parking, i was apparantly obstructing another vehicle, which i wasnt. The video below is a conversation i had with the ticket man, pretty much saying i wasnt at fault and to appeal it. Copy and paste it onto the end of the Youtube URL.

/watch?v=s8YteFU_rMs

Since then i recieved a few emails by excel parking demanding money from me, i ignored all letters, until today. I recieved another letter by NEWLYN PLC, with a notice of appointment as debt collectors... They have also increased the ammount by £106! I cold really do with some direction here, as ive been told to ignore it, but im worrying beyond belief.

Any other questions then please ask, thanks!

Redx

just read the NEWBIES sticky thread near the top of this forum, has a whole section about debt collectors (post #4) , please read it

andrewmirley

Im reading through it all now, but its all a bit daunting, not really making sense of any of it.

Redx

in simple terms

it was a foolish thing to do, ignoring the PCN from excel, you should have appealed it according to post #1 and then gone to popla according to post #3 , you did neither, so its been passed to a debt collector

the debt collectors (and excel) will try to pursue it for 6 years under MCOL statute (small claims court)

excel or the landowner could take you to court

debt collectors cannot take you to court but will send you begging letters for 6 years

in future , appeal a pcn, by reading the NEWBIES sticky thread

bear in mind its not this forums job to give you debt counselling, BUT that post does outline all the ramifications, I have condensed it a bit in easy to understand terms

you could try a late appeal to excel, but they probably wont give you an appeal code for popla

you can ignore the debt collectors

BUT do not ignore any LBC or MCOL official letters , so bear in mind this could go to court within the next 5.5 years

this scenario has been happening for more than 10 years already, so nothing new, apart from the law changed 2 years ago making the RK liable

andrewmirley

I did actally appeal to excel parking but they denied it, saying i couldnt use my evidense against them. But they didnt provide a POPLA code or anything?

Redx

in that case complain to the BPA as per post #6 of the NEWBIES thread and give them copies of all paperwork, complaining that no popla code was issued with the appeal refusal , so a breach of the CoP

than get reading all of the newbies thread, so you get up to speed on the rules of this new "game" you are playing

this also means getting a landowner complaint in too, so fire on all cylinders

andrewmirley

Thats very much for the information so far, im sure it gets annoying that people ask the same questions over and over. In regards to a landowner complain, what am i actually saying? That i do not have his permission or?

Redx

you are appealing that the circumstances dont warrant the pcn so you want the landowner to cancel it with the PPC Excel

ie:- you argued with the attendant over the issue as you felt you had done nothing wrong , yes ?

well then , use the same aggrieved customer argument/appeal with the landowner that you say you made with excel

Coupon-mad

andrewmirley wrote: »

Thats very much for the information so far, im sure it gets annoying that people ask the same questions over and over. In regards to a landowner complain, what am i actually saying? That i do not have his permission or?

So you are complaining to the landowner about this harassment by an agent that has not even offered you POPLA., so never offered a fair appeal when you were not at fault. Can they cancel this PCN as this is getting silly, Excel having denied POPLA as an ADR and now sending you debt collector nuisance letters.

And you are emailing a complaint to the BPA and DVLA, that Excel didn't offer POPLA. The BPA and DVLA reminded PPCs months ago:

the following practices may be considered as Code breaches and must not be continued:
• Asking the motorist to enter into additional correspondence to obtain a POPLA code
• Failing to include a correct and/or valid POPLA Code within the Rejection correspondence
• Issuing a POPLA Code with a date identifier which is significantly different from the date of rejection
• Appearing to indicate that the issue of a POPLA Code is conditional on driver details being supplied “



Obviously if you get a POPLA code, if Excel are directed to issue one now by the BPA, what you do NOT do is appeal to POPLA saying 'I wasn't obstructing anything'. You have already been directed to the Newbies thread so you will have seen the links in post #3 'How to win at POPLA' which is hardly daunting seeing as they have already been written for you to copy from. This is easy but reading your thread you completely messed up the first appeal talking about what happened. Don't make that mistake at POPLA stage.