PCN from Excel - notice of intent received

coldcazzie

Hi all,

I'm sorry if I'm starting a new thread when I shouldn't be but I'm struggling to know what to do. I've read and reread various threads but I'm still unclear.

My husband took my car to work on Christmas Eve last year, paid for a ticket in the car park near his office and came back to a PCN from Excel who manage the car park. The PCN states "no ticket/ticket not clearly displayed". He says the ticket was displayed, and we have the ticket in question, but sadly he didn't think to take a picture of it in situ.

He emailed Excel a few days later, identifying himself as the driver and challenging the PCN on the basis that the ticket was correctly displayed (and including a scan of the ticket). Excel completely ignored his email.

I then received a Notice to Keeper, informing me I needed to pay £100, which we replied to stating all the usual - it wasn't a genuine pre-estimate of loss etc, which they also ignored.

We moved house not long after that (completely unrelated-we weren't running;)), and then I got my first letter from Debt Recovery Plus telling me I needed to pay £160 in settlement. Since then have been receiving letters roughly once a month, first from Debt Recovery Plus Ltd and now from Zenith Collections. I did write to them again in June and tell them that the debt was denied/disputed and that they should refer it back to Excel but they've ignored it (actually they wrote back and said that using template letters off the internet wouldn't resolve the matter and we should instead seek legal advice) and continued sending me letters. The most recent letter had "notice of intention to commence legal proceedings" on it and was a reduced sum of *only* £79.99.

As far as I'm aware what should have happened is they should have looked at the appeal when we first submitted it and then either accepted it, or rejected it and provided a POPLA code. Obviously that didn't happen.

Tbh I'm fed up of the letters, but I'm not sure what to do. Should I write to Excel again, remind them of our appeal and insist on the POPLA code that they should have given us 9 months ago, or should I just continue ignoring them?

Throughout all this they've been writing to me rather than my husband. What would happen if I wrote back and said "actually, I wasn't driving, but here's the name of the person who was"? Would that force them to start the whole thing again from scratch, thus giving us another opportunity to appeal etc?

Fruitcake

You can and should ignore debt collectors. They have no powers and can do nothing but send you cheap poor quality bog paper.


The NEWBIES thread tells you all about why it is safe to ignore debt collectors.


Excel are with the IPC not BPA so you will never get a PoPLA code. It's a different outfit, but you should have been offered the chance for an IPC appeal. They are however a kangaroo court and absolutely worthless.


Your best bet is to continue to ignore unless you get real court papers. If you "out" the driver, the clock can be reset and the harassment of him will then start, but with less rebuttal points so should only be used as a last resort.


Have you contacted the landowner? That's the best way to get any PCN cancelled.

coldcazzie

I was under the impression that both DRP and Zenith were the same company and were also a part of Excel rather than separate companies, therefore meaning that they haven't actually passed it on to anybody yet? Is that wrong?

coldcazzie

How do I find out who the landowner is?

Umkomaas

DRP and Zenith are one and the same. I'm not aware of any link between them and Excel, other than a contractual one of chasing outstanding PCNs on behalf of Excel (and most other PPCs).

Fruitcake

I have just reread the OP and realized that the driver has already appealed. Therefore, Excel had no reason to apply to the DVLA for keeper details.


A strong complaint to said DVLA is in order stating the above which constitutes a breach of the DPA.


Do you still have the original ticket? If so, Excel would be stupid to attempt court.


I would suggest a complaint as above to DVLA and give everything else a stiff ignoring.

coldcazzie

Umkomaas wrote: »

DRP and Zenith are one and the same. I'm not aware of any link between them and Excel, other than a contractual one of chasing outstanding PCNs on behalf of Excel (and most other PPCs).

I knew they were the same company. Will keep in mind they're not related to Excel.

Fruitcake wrote: »

I have just reread the OP and realized that the driver has already appealed. Therefore, Excel had no reason to apply to the DVLA for keeper details.

A strong complaint to said DVLA is in order stating the above which constitutes a breach of the DPA.

Do you still have the original ticket? If so, Excel would be stupid to attempt court.

I would suggest a complaint as above to DVLA and give everything else a stiff ignoring.

No, they didn't - we were quite annoyed to get a NTK considering that he appealed almost immediately.

Yes we do have the ticket - it's a bit faded but it's in a plastic wallet along with all the rest of the correspondence.

So a DVLA complaint about them releasing my details when Excel already received contact from the driver?

Castle

Excel Parking Services Ltd became members of the IPC on 1st January 2015 so on Xmas Eve 2014 they were still members of the BPA; therefore, they must provide access to POPLA.
http://www.theipc.info/aos-members/e