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Debt Recovery Plu - PCN Fine on behalf of Excel Parking Services

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24

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  • buttercupb
    buttercupb Posts: 26 Forumite
    For some reason it must have posted twice, apologies!
  • buttercupb
    buttercupb Posts: 26 Forumite
    Hi there,

    Is this the template? I want to make sure I send the correct one. I will add the information that the DVLA has not updated my details. Should I also add that my previous lettings agency did not forward on mail? I'm usure if that would be helpful or not?!

    Thanks!

    Dear {name of IPC member - only IPC members for this version!!!}

    Re PCN number:

    I am the keeper of the vehicle and am aware of your purported 'parking charge'. The driver will not be identified. I require the following information so that I can make an informed decision:

    1. Who is the party that contracted with your company and are the the landowner?
    2. Is your charge based on damages for breach of contract? Answer yes or no.
    3. Please provide photos of the signs that you say were on site, which you contend formed a contract with the driver.
    4. Please provide all photographs taken of this vehicle.
    5. Please provide proof that the timing of any camera or timer used was synchronised with all other cameras and/or systems & machines.

    Do not send debt collector letters and do not add any costs, which would be a thinly-veiled attempt at 'double recovery'. I will not respond to debt collectors and to involve a third party would be a failure to mitigate your costs as well as deliberate and knowing misuse of my data.

    Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the IPC Code of Practice in terms of signage at this site, as seems likely based on my research) please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me. I do not give you consent to process data relating to me or this vehicle.

    I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

    Yours faithfully,
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    yes it is , because EXCEL are an IPC member, therefore you send the IPC template

    dont expect them to cancel though , this is a paper excercise only , get a free certificate of posting from the P O Counterstaff too

    IGNORE drp, they are powerless
  • buttercupb
    buttercupb Posts: 26 Forumite
    Thanks for that. I shall email and post.

    Is including the info about the DVLA and letting agency advisable? Or would that not be needed? I feel that it should be explained why I didn't respond sooner, but obviously I never received their original notice, just the letter from the debt company.
  • buttercupb
    buttercupb Posts: 26 Forumite
    Also, is it worth me contacting DFS, which is where I was going that day?
  • safarmuk
    safarmuk Posts: 648 Forumite
    edited 7 March 2017 at 9:08PM
    It is always good to contact the retailer you were shopping with when you received the PCN - especially if you made a sizeable purchase. Don't get your hopes up though as a lot of retailers don't want to get involved, so you might need to be firm or even go to head office / the very top of the organisation to get help as some organisations will try or do get these PCNs cancelled.

    This for now, would be your easiest and quickest way to get this resolved and you have nothing to lose in pursuing this avenue.
  • Umkomaas
    Umkomaas Posts: 43,386 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    buttercupb wrote: »
    Also, is it worth me contacting DFS, which is where I was going that day?

    If it's DFS (and if they have some influence on the PPC - possibly via the retail park managing agent) then any potential purchase would have been relatively expensive (3-piece suite, dining table and chairs, king-sized bed, etc).

    Tell them that your intention to buy one (or all :)) of the above has now been put on hold, and unlikely to proceed, as a result of you being penalised by this 3rd party for shopping with them.

    Press them hard. Nothing ventured ..........!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    I doubt that DFS will own the car park, or the land their store is on, but they will know who does, or the MA that runs the retail park

    the MA is likely to have contracted the PPC, so once you know who that is you complain to them and try for a cancellation

    no harm in putting pressure on DFS as well , the more the merrier

    and if you dont ask , you dont get !!!
  • buttercupb
    buttercupb Posts: 26 Forumite
    Thank you.

    We did actually buy a sofa from them that day!
  • buttercupb
    buttercupb Posts: 26 Forumite
    Letter posted off and emailed to Excel. Lets see what happens!!

    Thanks for all your help :)
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