I have a valid ticket

Coupon-mad

Is it from BW Legal, or from Excel?

Please show us the letter, as we doubt it complies with the October CPR for pre-action protocol (debt cases).

Loadsofchildren123

There is a new pre-action protocol on small debt claims which came into force on 1 October.
They must comply with it.
This may be yet another debt collector letter masquerading as a LBC
Which solicitors is it from? And what’s the reference on the letter?

HeatonGuy

So to clarify, you have a Letter of Claim (LBCCC) for a ticket you received only a month ago?

Who is it from an what does it actually say?

Snakes_Belly

I think that it is the same as I have had. Notice of Intending Court Proceeding. Starts "We are disappointed" IanJFergie has also had similar from their other company. They have not followed the protocols. They cannot start Court proceedings for at least 60 days. They should send you some forms which you have 30 days to return. They cannot start proceedings until 30 days after the return of the forms. That's my understanding but I am no expert.

I think what they are trying is to get the money in quickly and hope that most people will not query it. They are going to be very disappointed with some of us.

Wynne92

The Letter is from Excel parking dated 20/10/17 referring to a parking charge notice from 2/9/17.I appealed at the time but it was turned down.(I have valid ticket but had inadvertently put it on display face down,I sent them a picture of it but they still wanted me to pay £60)The letter is as Snakes belly states above and starts with the "We are disappointed that you have failed to pay the outstanding parking charge notice"
They then list reasons why I should pay, suchas having a CCJ will affect my ability to get credit and surprisingly I thought,it will affect my employability!!!!!!
I agree that it is shock tactics trying to get me to pay up.

HeatonGuy

This is NOT a Letter of Claim, it's the first stage of their "Debt Collection" process. If you haven't gone to the IPC/IAS, and it is more than 21 days since they rejected your appeal then ignore it.

If it is LESS than 21 days since the rejection letter, or you have made an IAS appeal, then a complaint to the IPC is in order, not that they will do anything, but it shows that you are conducting yourself reasonably.

logician

Wynne92 wrote: »

The Letter is from Excel parking dated 20/10/17 referring to a parking charge notice from 2/9/17.I appealed at the time but it was turned down.(I have valid ticket but had inadvertently put it on display face down,I sent them a picture of it but they still wanted me to pay £60)The letter is as Snakes belly states above and starts with the "We are disappointed that you have failed to pay the outstanding parking charge notice"
They then list reasons why I should pay, suchas having a CCJ will affect my ability to get credit and surprisingly I thought,it will affect my employability!!!!!!
I agree that it is shock tactics trying to get me to pay up.

When did you submit the appeal and what date was their rejection letter?

Excel typically take between 38-35 days to answer any appeal and you are supposed to have 21 days to then consider appealing to the IAS

Their "Final Notice" is another demand and not part of the formal letter before claim process.

logician

Coupon-mad wrote: »

It will be a 'myparkingcharge.co.uk' piece of paper that says 'this is not a parking charge notice'!

Search the forum for the words I've bolded, to see what's been said about this scam. The DVLA were not keen on the fake PCN trick Excel play, but they've been persuaded that it's OK because the IPC are going to 'update the Code' to allow for it!

Nothing changes the fact this modus operandi (and the wording of the NTK) do not comply with the POFA so we hope the driver wasn't named or implied in the appeal. Keeper can't be held liable but the IAS is not worth trying, so ignore.

Come back if you get a small claim later on, and keep all letters.

Yes apparently the notice slapped on the windscreen is an "advisory or warning note" according to Excel and VCS and definitely not a parking charge notice, this is despite the reference number on the postal notice to keeper being identical as the windscreen "advisory" notice.

Wynne92

I submitted my appeal on 13/9/17 and they rejected it on 21/9/17.I didn't bother with the appeal to IAS as all indications on the thread were that it was a futile exercise .

Wynne92

Just an update...two letters from BW Legal informing me they have been instructed by their client to pursue their claim.I haven't replied to either of them as I don't intend to pay whatever the threat.Interestingly also had two telephone calls from BW Legal...one on 19th Dec and one today 3rd January......not sure how they got my number though,I wouldn't have given it to them and we are ex directory.I declined to speak with them.
I have contacted my local MP and will contact some local councillors.I think I will contact the retailers on the park for support too.