Excel PCN - Letter from Solicitor

bergkamp10

I found this letter in my living room the other day. Honestly, don't remember even being sent this letter let alone a PCN. Someone in my family might have opened the letter and forgotten to give it to me. After the experience with my friend I thought I'd need to get ahead of this before they actually start court proceedings. What do you think my first steps should be. I don't remember even getting this PCN, nor if I was even driving the car that day as it's almost 2 years ago.

KeithP

It's a debt collectors letter. The fourth post of the NEWBIES thread tells you exactly how to deal with those.

bergkamp10

Thanks mate. Will check that out now.

nosferatu1001

First port of call everytime is the newbies thread. 

Fruitcake

You should also complain to the manager/CEO of Iceland to get this scamvoice cancelled. Other food stores are available.

D_P_Dance

They are asking for an unlawful amount.  Complainn to your MP and read this,

Excel v Wilkinson

.

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

bergkamp10

KeithP said:

It's a debt collectors letter. The fourth post of the NEWBIES thread tells you exactly how to deal with those.

Hey mate, thanks for the link. Basically being told to ignore the debt collection letters as I assume it's too late to appeal now. Won't doing so just lead to the Court Claim stage eventually if there is no response?

Fruitcake said:

You should also complain to the manager/CEO of Iceland to get this scamvoice cancelled. Other food stores are available.

Dunno if that would be possible to be honest. I can't remember the date nor any of the details of that day but I assume Iceland would require you to show proof that you shopped with them that day to even consider cancelling.

D_P_Dance said:

They are asking for an unlawful amount.  Complainn to your MP and read this,

Excel v Wilkinson

.

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

Thanks for the info mate. I have read the findings of that case when I was researching for my friends Court Claim and felt it would be a strong basis to use as a defence in Court Claims but I was informed on here that the case is under appeal.

KeithP

bergkamp10 said:

KeithP said:

It's a debt collectors letter. The fourth post of the NEWBIES thread tells you exactly how to deal with those.

Hey mate, thanks for the link. Basically being told to ignore the debt collection letters as I assume it's too late to appeal now. Won't doing so just lead to the Court Claim stage eventually if there is no response?

Possibly.

Do you think any response you may make, other than paying them, will change that?

Coupon-mad

but I was informed on here that the case is under appeal.

No you weren't.  That case was not appealed, but the rationale used by that Judge has been appealed in another case (different Judge but same legal reasoning), according to JB of Excel/VCS, so you should put Excel to strict proof of the current position with that appeal (that JB said was to be heard this month).

bergkamp10

KeithP said:

bergkamp10 said:

KeithP said:

It's a debt collectors letter. The fourth post of the NEWBIES thread tells you exactly how to deal with those.

Hey mate, thanks for the link. Basically being told to ignore the debt collection letters as I assume it's too late to appeal now. Won't doing so just lead to the Court Claim stage eventually if there is no response?

Possibly.

Do you think any response you may make, other than paying them, will change that?

I dunno, that's why I'm asking for advice. Don't want to be sent a County Court Claim. Is there nothing that can be done at this stage to get it cancelled?

Coupon-mad said:

but I was informed on here that the case is under appeal.

No you weren't.  That case was not appealed, but the rationale used by that Judge has been appealed in another case (different Judge but same legal reasoning), according to JB of Excel/VCS, so you should put Excel to strict proof of the current position with that appeal (that JB said was to be heard this month).

I didn't fully understand. So I should contact Excel with an unofficial appeal asking them to justify how they can charge these extra fees and hope that gets them to cancel the PCN?

Fruitcake

bergkamp10 said:

KeithP said:

bergkamp10 said:

KeithP said:

It's a debt collectors letter. The fourth post of the NEWBIES thread tells you exactly how to deal with those.

Hey mate, thanks for the link. Basically being told to ignore the debt collection letters as I assume it's too late to appeal now. Won't doing so just lead to the Court Claim stage eventually if there is no response?

Possibly.

Do you think any response you may make, other than paying them, will change that?

I dunno, that's why I'm asking for advice. Don't want to be sent a County Court Claim. Is there nothing that can be done at this stage to get it cancelled?

Coupon-mad said:

but I was informed on here that the case is under appeal.

No you weren't.  That case was not appealed, but the rationale used by that Judge has been appealed in another case (different Judge but same legal reasoning), according to JB of Excel/VCS, so you should put Excel to strict proof of the current position with that appeal (that JB said was to be heard this month).

I didn't fully understand. So I should contact Excel with an unofficial appeal asking them to justify how they can charge these extra fees and hope that gets them to cancel the PCN?

Yes, as already advised. Complain to the store manager and CEO of Iceland. You know the date of the alleged event. You know the VRM. You know the PCN number.
On the balance of probabilities, an occupant of the car was a customer of the store. 
You could check bank/card statements to see if a purchase was made on the day. You can do the same to demonstrate that an occupant of the car has been a customer of the store on other occasions before or after the alleged event.

It is of course possible that an occupant paid by cash, so there will be no record of a transaction. It matters not. You complain to the store manager and CEO that a genuine customer has been issued with a parking charge from an unregulated parking company, and you want it cancelled. Remind them that other stores are available for you and your family to use. 

A landowner cancellation is the only thing that will stop a court claim, so get on with it.