Excel threat of legal proceedings

jolittleo

Please can anyone’s offer me advise?

The circumstances are as follows;
On 15th February 2017 I parked my vehicle on a Excel pay and display car park. I was using the facilities of “pure gym” and we received 2 hours free parking as part of our membership.
On this occasion I had been training for 30 minutes when I realised that I had not put my reg number into the machine which is located inside Pure Gym and so I rushed over and put my ref number into the machine.

A few weeks later a received a penalty notice where I was temporarily stayed at shared accommodation and they had issue me a fine of £100.

I was so annoyed about this as I had submitted my reg number albeit 30 minutes into my training. After seeking advise that was given by a couple of people who stated that unless it was issued by the council it was not enforceable. I foolishly ignored the letter/fine.

A couple of month later I moved out of my temporary accommodation and heard nothing further.

On 18th May 2020 my ex husband received a letter demanding a payment of £160 otherwise they will “have no alternative to commence legal proceedings’ and basically threatened Court and the potential of a CCJ against me.

( interestingly I have been separated from my husband since 2015!)

However my car is still registered via my logbook at that address.)

I am so worried about this letter and I’m wondering what course of action I should take now, if any?

My Husband opened the letter and I have advised he endorses the letter with “no longer at this address since 2015.”

However I’m really need to change the address to my new address on my vehicle log book but I’m aware that this probably come back and haunt me at some point.

I do not have the £160 to pay and they have given me 30 days to pay!

What are the chance of them taking me to Court and harassing my ex husband at my old marital address?

Any advice would be greatly appreciated.

jo

 

BrownTrout

Ensure any court claim received is sent to your ex husband 

Redx

the DVLA can fine you up to £1000 per offence for not updating your V5C logbook , plus same again with the driving licence as well, so ensutre they are updated asap

you could email the DPO at Excel with your correct address with 2 redacted copies of recent utility bills as proof of I D under GDPR , because you dont want court papers in your name going to the old address

I am afraid that what you can afford or not is irrelevant in court cases

it wasnt a penalty charge either , it was a £100 Parking Charge Notice

I am positive that Excel will issue a court claim to the person they are chasing, the one named on the V5C

pogofish

The best advice is to do as you agreed and start by reading the Newbies Sticky, which will inform you fully and lay-out your options at the different stages of the process.  You really do need to familiarise yourself with it before posting!

The demand for £160 suggests to me that you may be at the Debt Collector Stage, which is fully covered by post four.

And yes, you do need to get your V5 up to date to avoid other forms of potential grief!

Johnersh

Take your time. Read the threads to new visitors.  It sounds a bit complex (and it sometimes can be) but stick with it. There is a model for what you need to do. 

It would be best to write to the parking Co with your correct address as KEEPER of the vehicle.  If, after that, they persist in writing to ex- that could amount to harassment.  Any court proceedings issued to that address are incorrectly served as they are on notice that you are not resident. 

You need pure gym to get them to stand down.  Easier said than done ATM with the staff probably in furlough. 

If this does kick off make sure you write to the ppc early on to explain that there is no breach of contract and that you require a schedule of registration numbers from both the terminal and ANPR cameras.

In lots of these cases a hasty entry on the PC - a zero instead of an o can lead to an incorrect charge. It is deeply irritating that often court action is started before anyone manually checks. 

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the enacted

Just as the clampers were finally closed down, so hopefully will many DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/of these Private Parking Companies.

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