Excel parking Cavendish Retail Park help - update p6

System

You could write back to them and point out they are mistaken as you were definitely not the driver which you can prove in court.

Tell them they must not share your personal details with any third party apart from their solicitors, as doing so amounts to a breach of the Data Protection Act. Add that if they wish to test their assertion that you were driving they must do so at court within 14 days and if they do pass on your details to a third party you will ask the DVLA to sanction them - as they have done a number of times.

Ian011

Erinandi wrote: »

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Since 13 June 2014 it has been illegal to offer a premium rate 0845 number for this type of enquiry. This is detailed in Regulation 41 of the Consumer Contracts Regulations 2013, published by BIS.

Additionally, failure to declare call costs alongside a premium rate 0845 number is a breach of Ofcom regulations in force since 1 July 2015.

Erinandi

Thanks for guiding me through this you guys have been a real help so far.

I ignored the email I got and have this week got a "Notice of intended court proceedings" letter. Where do I go from here? I have a new deadline for action as 11 Aug. I will not be in the country at that point.

If I write to them where do I need to send letter and what content do I need to put in? I can see they have quoted parking eye vs Beavis.

Thanks again for your help.

Umkomaas

I ignored the email I got and have this week got a "Notice of intended court proceedings" letter.

Who sent you the letter?

If I write to them where do I need to send letter

If we don't know who sent you the letter, how can we possibly answer this? What does the letter say in this regard?

You have to provide far better information if you want accurate advice. Think about it!

Erinandi

Ok sorry. My head is totally battered by all this. The letter is from Excel was dated 28.7.17 but did not arrive until 2.8.17
The email I got was my appeal rejection.

Erinandi

***bump***

Umkomaas

You need to see what Excel's next move is. Is the letter you've received headed 'LETTER BEFORE ACTION/CLAIM', or just notification of an intention in this regard?

If it's the former, the NEWBIES FAQ sticky, post #2 tells you how to respond to a LBA. If it's the latter see what happens next, no response to a notification of intention will make any difference.

Come back if you do receive a formal LBA from either Excel or their Solicitors, BW Legal, or real court papers. There's nothing you can do to deflect them from any action they decide to take, short of a cheque in the post, or a landowner cancellation.

Lamilad

Usually, with Excel, the NICP arrives after or on the same day as the claim form (court papers) despite the 'deadline' they have set so expect that to arrive soon and start working on your defence.

In your appeal did you state that you were NOT the driver? If not you should email them asap to state this fact and if they still proceed to a hearing without proof that you were driving then they are acting unreasonably and will be liable for extraordinary costs under CPR 27.14(2)(g)

Erinandi

Thanks. Sorry for disappearing, we have just got back from holiday. I am certain that I said I was not the driver, will check but who should I email? Is there an address anywhere?

Umkomaas

Is there an address anywhere?

Have you checked their website - 'Contact Us' page?