DCBLegal/Excel Parking - Hearing Date June 2023

WoodyTheCowboy

After some searching and a small payment for a title deed, I managed to find the landowner. Took some time but hopefully this will mean plan A works! Could I please ask for some feedback on my complaint? I've read through the successful complaints thread to get inspiration. 

The landowner emailed me to ask what I was enquiring about, hence the start of my email stating that.

Dear Henry,

I am enquiring specifically about the car park on the roof and the running fo said car park by Excel Parking services.

I was issued with four seperate parking charges for alleged contraventions in 2019. However, the management of the car park by Excel is incorrect. The signage is inadequate, at the time the machine were covered with plastic bin bags and not serviceable, there was no other alternative to pay, the list goes on. 

This matter was originally contested and seemed to go quiet. I am now receiving harassing letters from DCB Limited and DCB Legal in relation to these charges, threatening me with court action and debt recovery, not to mention adding fake admin costs. 

As the landowner you can instruct Excel parking services to cancel the PCN’s that were issued and I must insist that you do so. The threatening and harassing behaviour displayed by Excel Parking services is not acceptable and I implore you to resolve this matter before it goes any further.

Yours faithfully,

Coupon-mad

Replace 'enquiring' with 'formally complaining'.

Why not go into more detail about the covered machines and ask the landowner to check why this was, and to confirm that the machines were indeed out of operation for a period and why their parking firm was still inviting people in with the P for parking entrance sign, yet issuing tickets to people.

WoodyTheCowboy

Well the company writing to me on behalf of the landlord initially instructed me to take it up with Excel (oh the irony). I pushed back and they've simply responded saying "I do not believe the landlord has the means of recourse you desire".

Is there anything I can say that is harder hitting other than simply stating that the landowner does have the power to instruct Excel to cancel the PCN's? I'm pretty confident they aren't interested in helping at all but I'm not giving up yet.

patient_dream

WoodyTheCowboy said:

Well the company writing to me on behalf of the landlord initially instructed me to take it up with Excel (oh the irony). I pushed back and they've simply responded saying "I do not believe the landlord has the means of recourse you desire".

Is there anything I can say that is harder hitting other than simply stating that the landowner does have the power to instruct Excel to cancel the PCN's? I'm pretty confident they aren't interested in helping at all but I'm not giving up yet.

If it is the landowner who employed Excel they can cancel it.  Is Excel their boss ? NO

You could tell them that you will have no option but to call them as a witness if it goes to court.
Reiterate your points and why do they allow the operator to operate with poor signage and pay machines covered which creates a frustration of contract.

Get tough

D_P_Dance

Indeed, threaten to add the lndowner to a counter claim  or call them as a witness.  Have you complained to your MP?

WoodyTheCowboy

Appreciate the responses. @D_P_Dance I have indeed complained to my MP, so far without response.

WoodyTheCowboy

I suspected something wasn't right when I attempted to find the landowner of the car park. In my search there were roughly three Ltd companies associated with it. I'm trying to establish who has the "power" to instruct Excel but I'm communicating with an asset and property management firm who are less than helpful. 

"I believe you have drastically misunderstood the arrangement at the above address. The landowner does not have a direct relationship nor ‘employs’ Excel.

 

If you do feel aggrieved, I would recommend consulting the Citizens’ Advise website.

 

Unfortunately, I will not be able help further."

The fight goes on.

ignavia

So, the landowner confirms that Excel are operating without landowner authority? That's useful evidence.

Coupon-mad

Excel has a contract with someone, and it's fairly standard to see a clause in Excel agreements, allowing landowner cancellations for a tenner.

WoodyTheCowboy

Back to the property management firm then to find out who has the contract?