Excel PCN help

ab2000

My advice, and I stand to be corrected is don't engage with them.  I tried and they cut off all communication.

Use google/ land register and establish land owner that way.  From everything I've read on here they won't be forthcoming with info. if at all.

DO NOT send letters. Do all your comms by email and use the SAR template.

Coupon-mad

The relevant part of the NEWBIES thread for you is not the Q&A in the first post, nor the POPLA Appeal advice in the 3rd post.

bs1998

ab2000 said:

My advice, and I stand to be corrected is don't engage with them.  I tried and they cut off all communication.

Use google/ land register and establish land owner that way.  From everything I've read on here they won't be forthcoming with info. if at all.

DO NOT send letters. Do all your comms by email and use the SAR template.

The only email I have been able to find for Excel has is the form that I am supposed to fill out that has the 'I am guilty' as the only choice.

Coupon-mad

But Excel PCNs have an email address across the bottom, usually, plus the NEWBIES thread (post 2, about how to do a SAR) tells everyone how to find any parking firm's DPO email by Googling certain words.

bs1998

Strange, I just checked again, and no email address on their paperwork. I will check tomorrow (today?) on this site. Thank you, and I had got confused in my old age and it was post 2, not Q&A, I had used for my template letter. Thanks again.

ab2000

Iirc I'm pretty sure I saw an address on their website. 

dataprotection@excelparking.co.uk

Fruitcake

It's always worth trying DPO in front of the @ sign as well.

KeithP

ab2000 said:

Iirc I'm pretty sure I saw an address on their website. 

dataprotection@excelparking.co.uk

That is the correct address and it is not difficult to find.
It is clearly stated on all three of Excel's Privacy Notices on their website.

bs1998

I have received a Notification of Instruction today from ELMS, reading on the site there seems to be a lot of people saying pay the £170 at this point?

I have 7 days to pay before court.

My MP has written to Excel on my behalf, they included his letter on the response to my request for SAR, but do not specdifically answer him, and my request to know the owner of the land has still not been answered, although I have asked several times.

I was going to respond to the SAR response, with the following, good idea or bad?

And I was going to include the statement about the parking companies an MP made that I read on here somewhere, but I am having trouble finding it.

This is what I thought I might send, probably a bad idea?

I am in receipt of your response yesterday, 27/9/22.

It appears that my MP, Mr ***, has been in touch, and is copied in on this reply.

I notice that you passed on Mr *** enquiry, but it does not appear that it has been addressed in your response.

I would think that you are aware of what our honourable parliamentarians think about this type of charge without proof of who is responsible.

I do think that it is interesting that in one of the letters you attached, it says that a person could be charged for simply entering the parking lot.

Are you aware of what Fairness and clarity of terms and notices are paramount in the statutory Code and this is supported by the BPA & IPC Trade Bodies.  In November 2020's Parking Review, solicitor Will Hurley, CEO of the IPC, observed: "Any regulation or instruction either has clarity or it doesn’t. If it’s clear to one person but not another, there is no clarity. The same is true for fairness. Something that is fair, by definition, has to be all-inclusive of all parties involved – it’s either fair or it isn’t.

In that case, it would not be possible for a person to read signage stating that they need to buy a ticket to pass through. It would be unfair.

And the lack of your signage on the land for which you issued a charge is also unfair, as it is not visible if a person drives in and there is a majority of the land that would not know that the land is parking and a ticket needs to be issued to park there.

Please be aware that the land in which you have issued this charge is a cut through from one road to another, and with the absence of clearly marked bays, no doubt you are issuing many charges against people that are completely unaware of the need to effectively pay a toll to use the land. I have personally not used it this way.

Also, I have asked more than once to know the owner of the land so I may approach them about the lack of your signage and disabled bays and clearly defined parking bays.

If that is included in the attached information, I have missed it.

Could you please answer the question of ownership?

I have also received a Notification of Instruction today, /9/22, from your legal team ELMS, giving me 7 days to pay £170.

And yet, you have still not provided the information which I am legally entitled to.

I would encourage you to withdraw the Notification of Instruction immediately, as if this goes to  court, I will attend and show that, to the best of my knowledge, you have still not provided me with the details of the ownership of the land. And of course, with only 7 days before court action, I no longer have time to address this with the owner.

I am hoping that *** ******, MP, will be able to help me further on this, and perhaps he will share his thoughts with both of us.

ab2000

I find it interesting that you are getting letters from ELMS, yet all my communication has come directly from Excel.

I am wondering if they farm out cases they think they have a slim chance of winning, and ones they feel are stronger cases they keep in house.

Who did your LBC come from?