EXCEL PCN with a twist

Allygash

Quick question on dates, Contravention date 21st July, PCN Hirer notification(HN) posted 11th September. I realise Excel are not mentioning/citing POFA but that's 52 days between supposed contravention date & posting the PCN Hirer Notification out. No they didn't include any documents in the Hirer Notification(HN) dated 11th Sept such as a copy of the Van hiring agreement....

Redx

so they failed POFA and/or are not using POFA

so they will use the law of probabilities and agency to infer that the hirer and driver are the same person

a hirer can hide behind POFA if the driver has not been disclosed

Allygash

Thank you Redex

Allygash

Quick update, they appear to be expedited things I just received the Letter before claim from Excel, with the info sheet and financial statement annex's. Only posted my 'template' to them at the end of last week, they state they don't accept documents by email.... The only email i have for them is dataprotection@vehiclecontrol.co.uk as the post is so slow.

Umkomaas

they state they don't accept documents by email

The only email i have for them is dataprotection@vehiclecontrol.co.uk as the post is so slow

Why a VCS email if you're dealing with Excel?

If they are stating this in relation to legal submissions, you'll need to do it by traditional post.

Send any letter with a free Certificate of Posting from your Post Office counter as with this, the letter is deemed by law to have been delivered by the second working day after posting.

Do not use (or pay for!) 'Signed For' (previously known as 'Recorded' or 'Registered') or 'Special Delivery' as some PPCs refuse to accept such, then all you have is proof of non-delivery.

Allygash

Yeah Umkomaas, that's the only email on all the Excel letters, under privacy policy. I realise they are the same company basically, but I would have thought they might have an info@excelparking.com email or the like... All their correspondence has come on excel parking letter head.

As for the letter before claim itself, if i just ignore it I can just go straight to court correct?

KeithP

Allygash wrote: »

I realise they are the same company basically...

But they are not the same company.

Vehicle Control Services Ltd. (Company No. 04298820) is one company.

Excel Parking Services Ltd. (Company No. 02878122), is a separate legal entity.

There are Data Protection (GDPR) issues with passing personal data between companies and sharing an email address between both companies is, at best, risky.

Umkomaas

Excel have their own DPO email address. But I'm not clear why you wish to contact their Data Protection Officer?

For what it's worth check it out here - it took me less than 1 minute to find:

https://excelparkingservices.co.uk/privacy-notice-anpr/

...... but if your need to contact them is in relation to any formal court processes and they have told you that they do not wish to receive documents via email, you must comply with their wishes.

Allygash

I was just looking for an email to send my response to their claims, instead of snail mail.

Coupon-mad

If you are at appeal stage (I am unclear what you are now wishing to send them but you don't have a court claim?) then unless the PCN lists email as an appeal route then use whatever route it says. Does the PCN only say appeals are by post?

If that is by post, go to a PO Counter each time and get a free certificate of posting and staple that little receipt to a copy of the letter, for your file. It will only cost a stamp and an envelope to send (NOT signed for!).