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

Loadsofchildren123

I think you could insist on an appeal, if you want one (are they POPLA people or not, I don't know - others will). I did this a few years ago when I forgot to appeal and the PPC ended up throwing in the towel (although PPCs are generally more aggressive these days). The only point doing this is if you think you would win an appeal (others will advise you on whether this is the case). If you aren't likely to win it seems a bit pointless.


If you do want to press them to allow you an out of time appeal:


Dear Sirs,


I write in relation to your refusal to allow me to appeal [details of the PCN] out of time.


I refer you to paragraphs 8, 9 and 11 of the Practice Direction - Pre-Action Conduct and Protocols, which provide as follows:


8. Litigation should be a last resort. As part of a relevant pre-action protocol or this Practice Direction, the parties should consider whether negotiation or some other form of ADR might enable them to settle their dispute without commencing proceedings.
9. Parties should continue to consider the possibility of reaching a settlement at all times, including after proceedings have been started....
11. If proceedings are issued, the parties may be required by the court to provide evidence that ADR has been considered. A party’s silence in response to an invitation to participate or a refusal to participate in ADR might be considered unreasonable by the court and could lead to the court ordering that party to pay additional court costs.


The appeal procedure is clearly a form of ADR. The time limit for appealing is an arbitrary time limit and I missed the deadline only because I had moved and changed my address with the DVLA after they had requested keeper details. [If you are less than a month out of time I'd also say "Furthermore, I am only [x] days out of time"]. There is clearly a good case for you to agree to accept an appeal out of the time limit.


If you do not agree to waive the time limit and allow an appeal, this is an unreasonable refusal to allow a form of ADR under paragraph 11 of the Practice Direction, and will be drawn to the court's attention should proceedings be pursued.


Yours faithfully etc.


There's an outside chance they'll allow you to appeal.

buttercupb

Hi all,

Just a quick update on this. I sent out the letter to Excel as advised, via recorded delivery, which I can see was received by them on 9 March, requesting a response in 21 days. Nothing yet. However, DRP did respond to an online query I sent them (before I posted this thread), stating:

Thank you for your email in which you advised that you hold a valid ticket for where the vehicle was parked.

What you need to do now

Please send me a copy of the ticket. Please make sure that I receive the copy no later than 31/03/2017.

What will happen if you do not send me a copy of the ticket

If you do not send me a copy of the ticket, I will have no option but to continue to pursue payment of the £160.00 due in respect of this Parking Charge Notice (PCN).

Should I bother sending them a copy of the ticket as well? Or advise them I'm dealing with Excel?

I'd appreciate your thoughts. Thanks very much!!

fisherjim

buttercupb wrote: »

Hi all,

Just a quick update on this. I sent out the letter to Excel as advised, via recorded delivery, which I can see was received by them on 9 March, requesting a response in 21 days. Nothing yet. However, DRP did respond to an online query I sent them (before I posted this thread), stating:

Thank you for your email in which you advised that you hold a valid ticket for where the vehicle was parked.

What you need to do now

Please send me a copy of the ticket. Please make sure that I receive the copy no later than 31/03/2017.

What will happen if you do not send me a copy of the ticket

If you do not send me a copy of the ticket, I will have no option but to continue to pursue payment of the £160.00 due in respect of this Parking Charge Notice (PCN).

Should I bother sending them a copy of the ticket as well? Or advise them I'm dealing with Excel?

I'd appreciate your thoughts. Thanks very much!!

You have been told that Debt Recovery Muppets are only there to take money off you, they cannot do anything apart from up the scamming fees.
They cannot cancel the charge or consider any appeals, they are just trying to engage with you for their own ends.

buttercupb

Thanks very much! I shall continue to ignore.
Have a good weekend!

Coupon-mad

Keep that ticket with the 'I' on it for six years after the parking event (not joking) as you will need it to win at a hearing, we expect:

http://parking-prankster.blogspot.co.uk/2016/09/excel-parking-get-gladstonedby-bw-legal.html

This is a known problem with Excel machines recording an error code instead of a VRN. Excel will not admit that to you but in court, you should win, with that evidence, so you have a hearing to look forward to later.

buttercupb

Excellent. Thank you so much for this! Yes, it clearly is an error code, as there is not even an I in my reg.

Also, the letter I sent to Excel was over 21 days ago (as stated as the request for them to reply).

Is there anything further I can do? I'm still being hounded by DRP who have now lowered their price.

Is there any point in contacting Excel again or should I just leave it now and see what happens, assuming I have a strong case if taken to court.

buttercupb

Hey all a quick update. I have complained to the ICO, and am still waiting for a response some 20 days later.

However, I have received a response from Excel as well as a new debt collection company being involved.

Just wondered what your thoughts were. Excel are refusing to deal with me, which seems rather bizarre to me, especially if debt collection companies hold no legal standing.

beamerguy

buttercupb wrote: »

Hey all a quick update. I have complained to the ICO, and am still waiting for a response some 20 days later.

However, I have received a response from Excel as well as a new debt collection company being involved.

Just wondered what your thoughts were. Excel are refusing to deal with me, which seems rather bizarre to me, especially if debt collection companies hold no legal standing.

DRP gave up and the new debt collector is probably one of DRP's
sister companies still trying to scam you, who is it by the way ?

Who cares if Excel refuse to deal with you, no point in trying to deal with ignorant people anyway.

Chase up the ICO and sit tight

buttercupb

Cool. Thanks. They're called Zenith and appear to be another name for DRP. I guess this will just continue to keep happening, but under different names

Umkomaas

buttercupb wrote: »

Cool. Thanks. They're called Zenith and appear to be another name for DRP. I guess this will just continue to keep happening, but under different names

Precisely. Just check the bottom r/h corner of their letter in light grey print. Just another example of the smoke and mirror tactics to break you - and cough up!

Don't let them!