Excel Parking ticket

CasperEcho3434

Le_Kirk wrote: »

Frighteners! Does this letter give you 30 days to pay or respond and contain financial forms (which you don't fill in) and does it contain full POC and all the evidence they are going to rely on in court? If not it is a standard debt collector letter and you can safely take no action except to file it safely.

The letter as follows

"Outstanding balance £160

Despite sending you a demand for payment letter, it is disappointing to note that full payment of the outstanding balance remains outstanding

"We are giving you a final opportunity to settle your account before we commence County Court proceedings. In order to avoid further action being taken, payment of the Outstanding Balance must be made within 7 days from the letter date of this letter, i.e. by the Deadline For Action date specified above. In the event that we commence County Court Proceedings against you for the recovery of any Outstanding Balance, we will also seek recovery of any associated Court fees, Solicitor Costs and Statutary Interest.

County Court Proceedings
If we successfully obtain a County Court Judegement(CCJ) against you this may have a detrimental effect on your future creditworthiness and employability, in addition, we will commence enforcement proceedings against you for the recovery of the debt. The potential impacts of having a CCJ are below.


1.Negative impact on your credit rating
2. Affect your current employment or future prospects of employment
3. Enables enforcement action to commence such as obtaining an attachment of earnings, placing a charge or restriction on your property for a warrant execution (Which will result in bailiffs being appointed

Making a payment

We can accept payment by a varriety of methods which are specified overleaf

" IMPORTANT - YOUR OPPORTUNITY TO APPEAL THIS DEBT HAS ALREADY LAPSED, WE WILL NOT ACCEPT ANY FURTHER DISPUTES OR CHALLENGES AT THIS STAGE.

Otherside of the page.

A bunch of payment methods

You have received this notice because the company intends to ake you to county in relation to this debt. This letter tells you what to do next, including avoiding court action. Please read carefully

Seeking debt advice
A bunch of organizations such as Citizens Advice Bureau and Advice UK

I think i got the pages back to front but that is it, after doing research, people have suggested that getting all the data they have on you is something I should do, how would I go about that?

CasperEcho3434

MistyZ wrote: »

Who exactly did you contact? Is Cineworld or Middlesbrough Leisure Park the owner for sure? If there's any uncertainty about who to complain to, you need to a) do your best to identify them and b) be prepared to send the same indignant email to the CEOs / Managers of several firms i.e. to cast the net wide.

I'd recommend asking your grandad to add his own complaint to yours, including a copy of his blue badge.

If Cineworld are the landowner, you and your grandad could ask to see the manager - again, take the blue badge.

Don't worry one iota about sending several emails to the same person if persistence is required. Don't worry about emailing people who may not have any jurisdiction, just do it.

Are you up for a court appearance? It's not a powdered wigs affair, much more informal than that. It would take a bit of planning but why not go for it if it comes to that? Read up on court preparation involving the same PPC in order to get a feel for the process.

I could not find the exact land owner, i only had details through the middlesbrough leisure park site, I tried contacting them through email but no use.

I tried to contact the land owner, i have now sent an email to customer service at Cineworld is well to see if that may help, I requested the details of the owner so I can keep trying to contact the land owner.

I dont mind a court appearance but my grandpa is really sick, it is hard for him to walk and i fear stress is something he can not take as he is under constant pain already so I really do not want to drag him into this any more than I have to but at the same time, I am not going to stand for this.

Le_Kirk

CasperEcho3434 wrote: »

The letter as follows

"Outstanding balance £160

Despite sending you a demand for payment letter, it is disapointing to note that full payment of the outstanding balance remains outstanding

"We are giving you a final opportunity to settle your account before we commence County Court proceedings. In order to avoid further action being taken, payment of the Outstanding Balance must be made within 7 days from the letter date of this letter, i.e. by the Deadline For Action date specified above. In the event that we commence County Court Proceedings against you for the recovery of any Outstanding Balance, we will also seek recovery of any associated Court fees, Solicitor Costs and Statutary Interest.

County Court Proceedings
If we successfully obtain a County Court Judegement(CCJ) against you this may have a detrimental effect on your future creditworthiness and employability, in addition, we will commence enforcement proceedings against you for the recovery of the debt. The potential impacts of having a CCJ are below.

1.Negative impact on your credit rating
2. Affect your current employment or future prospects of employment
3. Enables enforcement action to commence such as obtaining an attachment of earnings, placing a charge or restriction on your property for a warrant execution (Which will result in bailiffs being appointed

Making a payment

We can accept payment by a varriety of methods which are specified overleaf

"IMPORTANT - YOUR OPPORTUNITY TO APPEAL THIS DEBT HAS ALREADY LAPSED, WE WILL NOT ACCEPT ANY FURTHER DISPUTES OR CHALLENGES AT THIS STAGE.

Otherside of the page.

A bunch of payment methods

You have recieved this notice because the company intends to ake uoi to couty in relation to this debt. This letter tells you what to do next, including avoiding courty action. Please read carefully

Seeking debt advice
A bunch of organizations such as Citizens Advice Bureau and Advice UK

I think i got the pages back to front but that is it, after doing research, people have suggested that getting all the data they have on you is something I should do, how would I go about that?

Seven days, therefore not a formal LoC/LBC/LBCC. You should expect a formal Letter of Claim (LOC) soon. In order to prepare yourself, read some defences (17 of them) linked in the NEWBIE sticky post # 2. Re the part in Italics and Red, did they really say that or did you just make a few inadvertent typos?

Castle

CasperEcho3434 wrote: »

I dont mind a court appearance but my grandpa is really sick, it is hard for him to walk and i fear stress is something he can not take as he is under constant pain already so I really do not want to drag him into this any more than I have to but at the same time, I am not going to stand for this.

Can we just confirm that Excel are chasing you and not your Grandpa?

Coupon-mad

I was in my car with my grandpa, he is a disabled user and I parked in a disabled parking Bay because my car is a low 3 seater, more space for him to get out of it, I put the badge up and when I came back, (5 - 10 minutes later) my badge was on the floor of my car and there the patrol officer was in the process of giving me a ticket, I gave him proof of such Disabled badge but he would not have it.

The fact the ticketer knew that a passenger in the car was disabled, means that they have broken the law by continuing to try to use contract law, which is trumped by the Equality Act 2010.

You need to reply to Excel, firstly asking for the notes made by the ticketer regarding the event and the personal data (VRN and any other details) processed at that point. It is clear that notes were made because Excel have referred to those notes, and these very much include your personal data and that of the passenger. If the employee had been properly trained in the Equality Act 2010, which it appears he was not and Excel have failed in this regard, he must have noted the Blue Badge shown to him.

Add that you will be asking for that employee to be called in person as a witness in court to answer for their conduct which was in clear breach of the Equality Act 2010.

Here you go, adapt this one I wrote ages ago:

https://forums.moneysavingexpert.com/discussion/4981893/pcn-from-excel-help-needed

Show us your version of that and change the wording to include this:

Should Excel proceed against the carer of a disabled passenger, a counter-claim for compensation for distress in a sum not less than £500, citing unwarranted harassment, for which the authorities are Blamires, and Ferguson v British Gas. Whilst it is noted that section 1(3)(c) of the Protection from Harassment Act 1997 states that a course of conduct that someone alleges to be harassment will not be deemed so if the legal person who pursued it shows that the pursuit of the course of conduct was 'reasonable', in this case (where even the ticketer knew or should have known that the passenger was protected by the Equality Act 2010 from day one) that justification will not fly.

In addition, regardless of other legislation, the Equality Act 2010 creates an offence of harassment arising from discrimination (inherent to that Act alone) and that offence is made out.

I would like to draw your attention to a judgment at the Leeds County Court, 3SP00071 - Blamires v LGO. This was a claim for damages including a matter of a breach of the DPA, for which an award of £2,500 was granted as compensation for distress. As is now relatively well known, the DPA’s original drafting appeared to preclude compensation for distress alone, but the Court of Appeal, in Vidal Hall & ors v Google [2015] EWCA Civ 311, it was held that this was contrary to the provisions of the Charter of Fundamental Rights of the European Union and that, accordingly, there was a right under the DPA to claim compensation for ''pure'' distress.

Further, Excel need to take note that ''distress'' is now included under Article 82 of the GDPR and the Data Protection Act 2018 and (ironically, like parking charges) is not dependent upon showing 'loss'. Given the indisputable fact that your unwarranted harassment flows from data wrongfully obtained from the DVLA and illegally processed in a case where Excel 'knew, or should have known' that you were running in breach of disability legislation, I will also be relying upon the GDPR and DPA 2018 in support of my counterclaim.

The award in Blamires was of “Vidal Hall” compensation, with the judge saying there was ''no doubt in my mind that the data breaches have caused distress to the claimant in their own rights as well as as a result of the consequences that flowed.'' The judge awarded a further £2,500 aggravated damages because of the manner in which the Defendant conducted its case, including the fact that, notwithstanding being told by the Claimant that its conduct/data was wrong, it took nearly two years for the Defendant to admit the mistake.

It is unacceptable for Excel - as a Service Provider with statutory duties to avoid disadvantaging disabled users of car parks - to disregard those duties in law by saying ''with regards to our Patrol Officers, it is not their responsibility to advise motorists on the Terms and Conditions in place. They are employed to solely issue PCNs to vehicles in breach of the Terms and Conditions.''

I wish to correct your misunderstanding of the law. Service providers and their employees and agents, do have further responsibilities and are not allowed to disregard the Equality Act and if they do, then a victim and their carer can seek compensation for harassment, distress and disadvantage of any description, caused by the trader's actions.

Contract law is trumped by the Equality Act 2010, as well as the Consumer Rights Act 2015, and it seems Excel's staff need retraining. This is similar to the case already tested in court in Excel v Greenwood 3QT60496 4/10/13 and it it shameful that Excel are still hounding carers and disabled people over six years after that case.

I look forward to hearing that you have finally cancelled this charge and I am copying in your client, the landowners at this location, who remain liable for Excel's illegal conduct and also stand to be sued under the same legislation.

yours faithfully,


Your Name (assuming you are the keeper and they are writing to YOU, not Grandad)?

Castle

Coupon-mad wrote: »

I would like to draw your attention to a judgment at the Leeds County Court, 3SP00071 - Blamires v LGO. This was a claim for damages including a matter of a breach of the DPA, for which an award of £2,500 was granted as compensation for distress. As is now relatively well known, the DPA’s original drafting appeared to preclude compensation for distress alone, but the Court of Appeal, in Vidal Hall & ors v Google [2015] EWCA Civ 311, it was held that this was contrary to the provisions of the Charter of Fundamental Rights of the European Union and that, accordingly, there was a right under the DPA to claim compensation for ''pure'' distress.

Distress is now included under Article 82 of the GDPR and the 2018 DPA.

https://www.legislation.gov.uk/ukpga/2018/12/part/6/crossheading/remedies-in-the-court/enacted?view=plain

Coupon-mad

Good call; I will read that now.

EDIT - I've added:

Further, Excel need to take note that ''distress'' is now included under Article 82 of the GDPR and the Data Protection Act 2018 and (ironically, like parking charges) is not dependent upon showing 'loss'. Given the indisputable fact that your unwarranted harassment flows from data wrongfully obtained from the DVLA and illegally processed in a case where Excel 'knew, or should have known' that you were running in breach of disability legislation, I will also be relying upon the GDPR and DPA 2018 in support of my counterclaim.

MistyZ

You've had some first rate advice about how to how to tackle this with Excel.

Looks like that should be your priority. But if you have time, pursue the quest for landowner and the complaint to them too.

Sorry to hear that your Grandad is sick. Perhaps he would nonetheless enjoy dictating a note to the effect that he enjoyed the film (assuming he did), that it was a great evening, that you took good care of him by parking somewhere that made things easy for him and that he does indeed have a blue badge (photocopy enclosed).

It's your call of course. But these are pretty compelling grounds for a landowner cancellation.

1505grandad

This thread on PePiPoo may be of interest:-

http://forums.pepipoo.com/index.php?showtopic=132797&pid=1544971&st=0&#entry1544971

CasperEcho3434

Le_Kirk wrote: »

Seven days, therefore not a formal LoC/LBC/LBCC. You should expect a formal Letter of Claim (LOC) soon. In order to prepare yourself, read some defences (17 of them) linked in the NEWBIE sticky post # 2. Re the part in Italics and Red, did they really say that or did you just make a few inadvertent typos?

I will look into this to prepare myself as I am not that familar with this, being a new driver.

And yes, they did do that, they had some other parts in red also and big writing taking a lot of the page saying "DO NOT IGNORE". I can send you a copy if you like, with my details taken away

edit - I did misspell some words on my behalf such as County, that was on me, i just realised that.