Another victim of PCN (from Excel, Peel Centre) fighting back.

Rainman06

Received PCN yesterday. P&D signs were not seen etc. Surely a P&D carpark of this size could/should have barrier entry to remove all doubt?

Anyway, the instructions in the Newbies Thread about this is pretty clear so I don't need any advice at the moment, just posting this for the record so others can follow, and also so that any of the pros here can stop me if I do something wrong.

I'm going to send the template appeal (for BPA members) to Excel, via email (and by letter?).

Even though it says 'l will complain to the landowner if this is not cancelled', I am going to complain to Peel and to the retailers that were visited anyway, stating that I will be boycotting all of their stores nationwide whilst they are under contract with Excel, or until the law changes.

The 'Date of Contravention' on the PCN is well over 14 days before the 'Date of Issue' on the notice, so I have Excel's failure to follow Schedule 4 of PoFA to add to the usual 'inadequate signage' defence when my appeal goes to POPLA.

Win or lose, I want to do whatever I can to help put an end to this (as someone I spoke to on the phone yesterday put it) quasi-criminality, so that others don't fall victim. Any advice on that would be well received.

Umkomaas

First bit of advice - Excel is not a BPA AOS member. They belong to the 'other side' - the IPC. You won't be going anywhere near POPLA, unfortunately.

You might also do a search on the forum for 'Peel Centre'. There'll be zillions of threads about this notorious honey trap to keep you in reading matter for the next couple of weeks.

Rainman06

Ok Thanks. I'll re-read...

fisherjim

Why would they install barriers to remove doubt, that would not help their money making scam would it!

Coupon-mad

Rainman06 wrote: »

Ok Thanks. I'll re-read...

You should read the IPC and IAS parts (post #1 and #3) of the NEWBIES thread and realise that your challenge will be rejected, then you will get threatograms to ignore (covered by post #4 of the NEWBIES thread).

Sadly the Peel Centre don't care. This has been going on for almost a decade that we know of and the Peel Centre have never stepped in that I can recall. Excel are well and truly established and well-known for harassing their customers and i'm surprised people don't know and just boycott the place. It's been in the local papers so often (I'm not local; but we've seen so many reports including court hearings won and lost).

Then, after your threatograms, you might get a solicitor's letter as people are posting about now, from BW Legal. That's when you have to start responding again. Come back when at that stage. Yes Excel sue some people but seem to be choosing those who do not reply to BW Legal letters...at the moment. And such cases can be defended.

Rainman06

Thanks CM. It's a bit daunting but I'm up for it; knowing what to expect helps a lot. I'll come back when the solicitor's letters start coming.

Rainman06

fisherjim wrote: »

Why would they install barriers to remove doubt, that would not help their money making scam would it!

I realise that. I mentioned it as a way to stop the scammers, either enforceable by way of legislation, or through a more robust COP. Naive I know, but I'm an optimist ;-)

fisherjim

Rainman06 wrote: »

I realise that. I mentioned it as a way to stop the scammers, either enforceable by way of legislation, or through a more robust COP. Naive I know, but I'm an optimist ;-)

We can live in hope, the government have been dragging their heels for years and seem no nearer.

The COP's are written by the PPC's trade body which is an old boys club paid for by the PPC's and very loosely adhered to, or acted upon, as you are seeing it's cowboy country I'm sorry to say!

Rainman06

[/LEFT]

Coupon-mad wrote: »

You should read the IPC and IAS parts (post #1 and #3) of the NEWBIES thread and realise that your challenge will be rejected, then you will get threatograms to ignore (covered by post #4 of the NEWBIES thread).

Sadly the Peel Centre don't care. This has been going on for almost a decade that we know of and the Peel Centre have never stepped in that I can recall. Excel are well and truly established and well-known for harassing their customers and i'm surprised people don't know and just boycott the place. It's been in the local papers so often (I'm not local; but we've seen so many reports including court hearings won and lost).

Then, after your threatograms, you might get a solicitor's letter as people are posting about now, from BW Legal. That's when you have to start responding again. Come back when at that stage. Yes Excel sue some people but seem to be choosing those who do not reply to BW Legal letters...at the moment. And such cases can be defended.

I raised a challenge just as the NEWBIES thread said, which was rejected. I just received my letter from BW Legal. I'll have a search through the posts for how to respond. Any more advice would be much appreciated.

Redx

its all in the recent BW LEGAL posts over the last few months, all been said and the template responses written

just keep responding to BW LEGAL,although they are issuing court claims for the PEEL CENTRE , but respond anyway

beamerguy

Rainman06 wrote: »

[/LEFT]


I raised a challenge just as the NEWBIES thread said, which was rejected. I just received my letter from BW Legal. I'll have a search through the posts for how to respond. Any more advice would be much appreciated.

It will be rejected, chances are they never read it.

Re Excel and BWLegal, just read on here what is happening and how they are losing, the Parking Prankster mentioned the incompetence of BWLegal and probably Excel are now realising this to be true. It seems the judges are of the same opinion

What does the BWLegal letter actually say please ?