Backcester Lane, Lichfield, Excel Parking

Umkomaas

Hence, the "some sympathy" bit I reckon.

It's in all their dismissals, whether they actually sympathise or not, you work it out!

Stefano123

So today I've got an 'instruction' letter from Elms Legal trying to recover £160. Is it an idea to reply to them to tell them to stop harassing me or leave it until Excel Parking try to take me to court? 

Coupon-mad

Ignore it and await a LBC from either Elms or Excel, then respond to the LBC, as per the NEWBIES thread.

If you have not got a SAR from Excel yet, get that now.

Stefano123

I did get the SAR from EXCEL, too.

I just can't fathom why they're pursuing me; their payment technologies failed that day, even after evidence was produced to show payment was attempted. and that other were having the same problem. 

The Protection of Freedoms Act 2012 is clear “6.2 Where a contravention is detected remotely (such as by cameras), the landholder may request registered keeper data from the DVLA immediately and must write to the registered keeper within 14 days seeking details of the driver or payment of the parking charge”. The NTK was not posted until nearly 3 months after the alleged contravention date, and well after the 14 days stipulated in the PoFA2012. Excel thus have no jurisdiction to pursue this spurious claim further as the ability to do so is clearly timebound.

D_P_Dance

I just can't fathom why they're pursuing me; 

They are not John Lewis you know, some of these companies have been alleged by at least  one MP that some of these companies have links to organised crime.  

Umkomaas

The NTK was not posted until nearly 3 months after the alleged contravention date, and well after the 14 days stipulated in the PoFA2012. Excel thus have no jurisdiction to pursue this spurious claim further as the ability to do so is clearly timebound.

Outside of PoFA (which they don't have to use) they can legitimately access your data from the DVLA for up to 6 months with a further month to pursue. 

Coupon-mad

Yep, the POFA is not mandatory and they are not using it.

Snakes_Belly

There is a fair amount of evidence that others have had issues with these two car parks. When you write your rebuttal letter to their LBC you should mention that there has been numerous problems with these car parks which you will be citing in your defence should they pursue this. You may just see it off. Unlikely but worth a try.

There is another poster who has had a similar issue with this car park. May be worth giving each other a WS. The more this happens to others the more credibility it gives to your case.  Note that there has also been a petition to remove Excel and revert back to the LA. 

https://forums.moneysavingexpert.com/discussion/6317607/parking-notice-excel-parking#latest

Half_way

Local authority?
wasn't there something about a local authority getting its wrists slapped for using a  PPC in one of its car parks?

D_P_Dance

I think that Maidenhead Council were in the frame.  ISTR Bargepole writing about it.