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9 months after alleged parking contravention I get a Final Reminder from Excel!

grumpyawldwifey
grumpyawldwifey Posts: 115 Forumite
Part of the Furniture 100 Posts Combo Breaker
edited 12 December 2017 at 7:10PM in Parking tickets, fines & parking
In March this year, some parking charges sent by Excel were challenged. They were imposed because, on dropping off a disabled lady at a hotel that the carpark served (amongst other businesses) on a few occasions, took longer than the 10mins allowed. The pay as you park function wasn't working. They were sent photographic evidence of this.
On the 29 November, a final reminder arrived. Bearing in mind, the details of every notice received was listed on the original appeal and, as nothing was heard since, it was assumed that the appeal had been successful. Does anyone know if there's any way that I can check this?
The notice states that an NTK was sent on 1st March 2017 and, because their records state that it wasn't responded to the right to appeal has been lost??
The car in question has recently been sold and the number plate is unassigned. Could this have triggered them to act now?
Re-appeal or just ignore?
«13456713

Comments

  • Umkomaas
    Umkomaas Posts: 44,377 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The notice states that an NTK was sent to me on 1st March 2017 and, because their records state that I haven't responded to it, I've lost the right to appeal??
    Far too long ago to appeal - and even if you could, there is no prospect of any success with an IPC operator, of which Excel is one, nor with the second stage appeals service, the IAS.
    I have recently sold the car in question and have had the number plate unassigned. Could this have triggered them to act now?
    Of no relevance. Once the PPC has your details from the DVLA, they are not updated with any subsequent changes - they only have one go at getting the RK’s details.

    Glad you’ve got all previous documentation - keep it for the next 6 years, the period during which Excel could launch a court claim.

    Just wait and see what their next move is - not much else you can do, unless you can get the landowners involved and see if they can get these cancelled for you.
    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
    you should reply if its an LBC, or IGNORE if its not an LBC

    see post #2 of the NEWBIES FAQ sticky thread

    no , nothing you have done recently has triggered this, they can only access the DVLA database once for each ticket, at the time or just after the incident, not 9 months later

    they are also barred from the dvla database after 6 months anyway I believe

    EXCEL have 72 months to issue an MCOL , so this length of time is nothing when you look at 9 months from 72 months

    to check a pcn status you can try to login and pretend to pay it, if its still active then its still an invoice that they want paying

    obviously you do NOT pay it, just go through the motions and stop before the payment

    they would have rejected any appeal you made anyway, out of hand
  • It's not an LBC so I shall ignore, however, if needs be, will I still be able to request the information as set out in the recommended letter at a later date if anything comes of it?

    I appealed using the online 'myparkingcharges' site. Will I be able to get details of that appeal from them? I still have all of the letters and the photographs showing the signage and the screenshot from my phone showing that the 'location does not exist' on the RingGo app but not of my appeal.

    I spoke to staff at the hotel and their response was 'good luck' when asking them about getting the charge overturned - their staff members have to pay too. I'm not sure who actually owns the land but the businesses include a Premier Inn and a 'Hungry Horse' chain pub.
  • Coupon-mad
    Coupon-mad Posts: 161,235 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I've posted as SchoolRunMum and answered you on pepipoo but the forum has crashed tonight.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    if you read the new PaP that came in on 01 oct 2017 , you should receive full details in any LBC and also in any future MCOL

    if they do not provide these then you request them and also mention it in any rebuttal and/or your defence
  • Coupon-mad wrote: »
    I've posted as SchoolRunMum and answered you on pepipoo but the forum has crashed tonight.

    Thanks, the crash sent me here.
  • So, today, another 3 x final reminders have arrived so it looks like they rejected the original appeal which was based on the fact that the pay as you park app facility was out of action. The notices incorrectly state that the RK did not get in touch so has lost the right to appeal, however, they appear to have shot themselves in the foot as the appeal submitted in March updated their RK records.
    Bunch of amateurs?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Well yes. They of course reject all appeals.
  • Redx wrote: »
    if you read the new PaP that came in on 01 oct 2017 , you should receive full details in any LBC and also in any future MCOL

    if they do not provide these then you request them and also mention it in any rebuttal and/or your defence

    Sorry Redx, what does PaP and MCOL stand for (my last parking invoice incident was years ago)
  • Quentin
    Quentin Posts: 40,405 Forumite
    Acronyms in regular use here are covered in the newbies faq thread


    PAP =Pre-action Protocol
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