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

Coupon-mad

sueyw wrote: »

Thanks, the crash sent me here.

It's working again, and you have replies there.

grumpyawldwifey

So, I've had a letter from Excel entitled 'Letter Before Claim'. It isn't from a solicitor or anyone claiming to be debt recovery but is from Excel themselves stating the claim will be passed on to their legal department.
The particulars are not detailed just that between 2 February and 20 February 2017 there were 4 contraventions of their parking conditions. It provides the requisite outstanding owed (£400) plus around £35 costs (I haven't got the letter on me at time of writing this so can't give exact amounts)
They've sent a copy of the reply form etc as per the protocol but have given me a FINAL CHANCE TO PAY UP!.
I've started writing my defence (draft to follow). Do I send this with the response form?

Quentin

Everyone is politely asked to read up on this in the newbies faq thread near the top of the forum before starting a new thread


There is comprehensive advice there (#2) on how to deal with a lbcca and the rest of the court claim process right through to the hearing


Go there now for advice on rebutting a lbcca (don't send them your defence at this time!)


You do get a chance to pay up in a "proper" lbcca, and yours looks to be one

Umkomaas

I've started writing my defence (draft to follow). Do I send this with the response form?

You're not at the defence stage right now. Respond robustly to the LBC by using the example in the NEWBIES FAQ sticky, post #2.

Your defence will come if Excel issue formal court proceedings via MCOL Northampton CCBC.

grumpyawldwifey

I've had a response from Excel (have they ditched BW Legal?)

Here it is:
hxxps://www.dropbox.com/s/spltos30uswisnz/XL%20letter%20p1.png?dl=0
hxxps://www.dropbox.com/s/zmokkvc0vb54ju9/XL%20letter%20p2.png?dl=0
hxxps://www.dropbox.com/s/u8710zqigopgjkx/XL%20letter%20p3.png?dl=0

I'd be interested in your thoughts especially regarding Law of Agency. Surely my allowing a relative to use my vehicle, does not create a commercial situation. They weren't driving the vehicle on my behalf, I was lending it to them for THEIR benefit!

Basically, the history behind this is, a disabled wheelchair-bound family member was staying long-term at a hotel whilst their new house was being adapted for the wheelchair user. The only way to get vehicle access to said hotel is THROUGH this car park. On the 4 occasions mentioned, due to the wheelchair user being particularly slow getting out of the vehicle and into their chair and then having to be pushed to their room the drivers (one of 3 possible relatives) HAD attempted to pay once they realised that 10mins would be exceeded (and knowing how unsympathetic these cowboys can be) only to find that the advertised 'Pay Go' app did not recognise the location. The car was not parked, it was near to the hotel entrance which is beyond the bays.
Excel were sent photographic evidence of the app rejecting the location but refused to consider it unless the RK named the driver who could then submit the appeal and photo (as if they'd accept it!) The usual request for the evidence was not responded to so, on receipt of the LBC, I requested it again and this is their response.

BTW It wasn't clear as per Parking Eye Beavis signage that the invoice would be £100.

claxtome

Hope the links work-> https://www.dropbox.com/s/spltos30uswisnz/XL%20letter%20p1.png?dl=0
https://www.dropbox.com/s/zmokkvc0vb54ju9/XL%20letter%20p2.png?dl=0
https://www.dropbox.com/s/u8710zqigopgjkx/XL%20letter%20p3.png?dl=0

Note: I wouldnt have my fullname and address on an open forum - suggest you redact more

grumpyawldwifey

Thanks claxtome, it does for me.
Oh, and they've refused to give me a copy of their contract with the landowner!!??

Coupon-mad

I'd be interested in your thoughts especially regarding Law of Agency. Surely my allowing a relative to use my vehicle, does not create a commercial situation. They weren't driving the vehicle on my behalf, I was lending it to them for THEIR benefit!

See Excel v Smith, cases heard on appeal by a Manchester Senior Circuit Judge:

http://www.parking-prankster.com/more-case-law.html

It's my opinion that Excel have selective amnesia...

Basically, the history behind this is, a disabled wheelchair-bound family member was staying long-term at a hotel whilst their new house was being adapted for the wheelchair user. The only way to get vehicle access to said hotel is THROUGH this car park. On the 4 occasions mentioned, due to the wheelchair user being particularly slow getting out of the vehicle and into their chair and then having to be pushed to their room the drivers (one of 3 possible relatives) HAD attempted to pay once they realised that 10mins would be exceeded (and knowing how unsympathetic these cowboys can be) only to find that the advertised 'Pay Go' app did not recognise the location. The car was not parked, it was near to the hotel entrance which is beyond the bays.

Breach of the Equality Act 2010, not making a reasonable adjustment and putting barriers in the way of the accessibility of the Hotel for a disabled person with 'protected characteristics'.

they've refused to give me a copy of their contract with the landowner!!??

Why the question marks, they don't have to, outside of court stage.


You should ask Crabman or soolin to merge your two threads as it helps if we can see all posts:

https://forums.moneysavingexpert.com/discussion/5758559

grumpyawldwifey

claxtome wrote: »

Note: I wouldnt have my fullname and address on an open forum - suggest you redact more

Whoops, thank you. New one uploaded at hxxps://www.dropbox.com/s/og92pue1xsus3ff/XL%20letter%20p1.png?dl=0

Thanks Coupon-mad. I was under the impression from reading the stickies and other links that the contract with the landowner is one of the things we ask for at LBC stage if they are acting as the agent of the landowner?

So what is my next step? Do I write back to them and try to get them to be reasonable so that a judge can see that I've tried and given them a chance by giving all of the reasons why I shouldn't be liable for the claim e.g. disabled access issues for the hotel, the car wasn't parked, the 'Pay Go' app didn't recognise the location and others - basically, the contents of my defence?

Crabman

Threads have been merged