Excel PNC v Xircom

Le_Kirk

Go to the NEWBIE section post # 5 where you will find all the acronyms explained. Post # 4 tells you what to do about debt collectors.

Xircom

Good man Captain.

Xircom

OK, Just an update.
I'm on my 3rd Final Demand price has not gone up still at £160.00 they gave me until 18/03/2019 or legal action will be taken. Again this is addressed to my Limited Company with no name on it.

Following the path of ignore until I see Court Documents.

Xircom

Hello chaps
so today I received a new letter big Red Words "LETTER BEFORE CLAIM" outlining that my liability (debt) has been passed to Legal Department and I have until 24/4/2019 to settle the now £160.00 (Principle Debt) other wise it will be placed in the hand of the court adding an extra £25.00 plus interest at 8% per annum or 0.02% per day. So this seem to me that the initial debt could (Parking Fine) could triple very quickly. They also sent a fact sheet ANNEX 1 telling me what to do and how to pay and REPLY form for their Litigation Department. All look very professional and scary. it even give you a option to break the debt down to weekly payments.

So I'm think from what I have read that this is still a wait and hold game until I get official court letters?
which I don't think I'm going to get, I suspect that this will be passed to a debt collection agency?
should I wait or do you suspect this will go to a CCJ (that's marked all over the letters)
it also say on the letter that they are accredited IPC
you comment much appreciated as always.

twhitehousescat

as the ticket is to the company , beware , I think THEY can choose court of there choise , so it could get expensive

you have written to scammers (parking co) with a sar to get sight of the missing letter?

your origional post:

"; we sent the letter as per the county courts,"

umm still trying to work that out

[Deleted User]

FWIW the interest calculations in these cases are always wrong. Interest MAY be permitted on
the debt (£100) it cannot be permitted on bolt-on charges that even by their own admission were applied (and in the case of court fees incurred) much later.

Since bolt-ons are liquidated damages, I personally believe there is no reason not to specify them on signs. My analogy is that my credit card contract states clearly the tariff of charges that apply for events eg. for exceeding card limits etc. Failure to specify the charges may mean there was no agreement/entitlement to levy additional fees.

It would be challenging for the original fee to triple.

Xircom

Hello all

further to my last post, not had much feed back, I understand about the interest and thank you for the feed on that. the LBC is from Excel Parking who are a member of IPC, I have looked at the PCN information on line and the company lease car is parked over the white line, I don't see any defence to this! do I keep ignoring these letter until I get something from the courts? should I just pay and get back to making money, I say this because this all Excel do chase money. I don't feel that I have a strategy? Do I create a strategy by writing to them as Company Secretary stating that this is as Lease Car and I'm under not legal obligation to disclose who the driver was?

Thanks

Coupon-mad

If you pay now you'd only be paying the same or more, as if you attended a hearing and lost (rare here) and most people - 99% - win when they follow all forum advice and attend the hearing.

Stick to this:

Following the path of ignore until I see Court Documents.

Well, until you see a Letter before Claim,which will need a reply.

If you don't have all the paperwork, PCN etc., email Excel a SAR for it all.

Excel can't hold a keeper liable because they do not use the POFA wording and deadlines for the paperwork...

...unless in the alternative, they convince a Judge (with you attending the hearing, to disagree) that the driver was acting on BEHALF OF the company and that CPS v AJH Films applies in terms of liability for he actions of a driver on company business.

Unlikely to have been on company business in a Shopping Centre Car Park.

The only issue is how close you are to Sheffield.

As a Ltd company Defendant doesn't get to choose the court, the best you can hope for in terms of location is to ask the courts in due course to allocate the hearing to half way between your location and Excel's in Sheffield (or just agree to go to Sheffield, a court that's seen loads of Excel cases and might be a good bet for a Judge!).

Xircom

OK thanks for that advise
where do i find the SAR?
I have a Letter Before Claim from excel (I suspect that the one you mean for me to send a SAR)
I'm 1.5 Hours Drive to Sheffield, not a problem
Thanks

SAR send today at 16:57pm

The_Deep

I have looked at the PCN information on line and the company lease car is parked over the white line, I don't see any defence to this!

Often one has no choice if the car(s) alongside are parked selfishly. In which case you could try de minimis. In any event, get your MP on side, they are very familiar with the MO of this scammer and on 15th March 2019 a Bill was enacted to curb the excesses of these private parking companies.

Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.