Overseas when PCN issued, no right to appeal, Excel parking Lichfield

Snakes_Belly

The payment gateway may decline the transaction based upon merchant’s fraud security settings.

If the merchant's (Excel) security fraud settings are high then some of these transactions will be declined by the merchant. So approved by the issuing bank and then declined by the merchant.

Fruitcake

To me, it all looks suspiciously like a scheme deliberately set up for the motorist to fail without their knowledge purely so the PPC can issue PCNs.

Coupon-mad

And in most cases the P&D fee would go to the landowner.

Interrupt that income stream, even in 10% of cases, and the landowner would never know that their £1 was offered/paid by the driver but instead a rogue PPC has pocketed £100.

And no-one ever knows.

Never mind that it leaves no visible record for the account holder, that's not the question to ask.

Ask the Bank if THEY can see historical failed pending transactions.  We had this in a NCP case and the bank COULD see the failed pending transactions on their system.

Beaudelicious

So far I know of 3 instances where the motorist paid using the contactless scanner and their card saved to their phone. The machine response with a verification on the screen saying that payment was made and the motorists all went on their way. Anything from 10 minutes to an hour later they received a notification from their banking app advising the payment was declined. Of course too late to pay again with the ridiculous 10 min rule. Interesting to see the screen shot one person was clever enough to record.  Only the machine could offer the incorrect merchant info. 



 

Snakes_Belly

Beaudelicious said:

So far I know of 3 instances where the motorist paid using the contactless scanner and their card saved to their phone. The machine response with a verification on the screen saying that payment was made and the motorists all went on their way. Anything from 10 minutes to an hour later they received a notification from their banking app advising the payment was declined. Of course too late to pay again with the ridiculous 10 min rule. Interesting to see the screen shot one person was clever enough to record.  Only the machine could offer the incorrect merchant info. 



 

Thanks for your response.

My understanding is that in the instance of the declined payments that it is possible to find evidence that a payment was attempted from the bank.

In this scenario the payment appears as a pending transaction on the driver's online bank account but never debits the account and after a couple of days pending it disappears. 

I have telephoned my bank to see if there is any historical information on these pending payments and they say no, however I doubt that the person that I spoke to would have the knowledge to know whether this information can be retrieved. 

I would suggest that the OP writes to their bank with the details and explains that they are now being sued for the sum of £--- as a result of this payment not being taken. Ask if they can contact the merchant to ascertain why the pending payment was not captured by their system.  As the car park operator does not issue tickets there is no proof that payment was made.

  

ab2000

A small update.

Excel litigation department have replied to my email stating that I was out of country and unable to respond to their letter.

They want to see the proof, which I offered, by the 23rd or they will continue with action.  I have told them they will have to wait as I am away on holiday until the 28th.

Hopefully they accept, which will drag it out a bit.  I will then see what there response to the proof is.

They may revert back to the original "fine", and in the meantime I will put in a SAR request.

I'm going to try and drag this out as long as possible!

Snakes_Belly

"I'm going to try and drag this out as long as possible!"

So far I have not seen any of the Lichfield claims reach the courts yet. Some are imminent. 

Some have been cancelled by the previous landowner but the landowner and PPC have now changed. 

ab2000

Well Excel have now ceased any communication with me and are proceeding down the legal route.

As I was literally in the country for 36 hours before departing on holiday I cannot get them the documents within their specified timeframe.  I could have sent them with the initial email, but I'm not sending them anything unless there is a requirement.

Time for the SAR and to see where this goes.

ab2000

Small update:

I have received a demand for payment from Excel's debt management team, for £170 (£100 charge + £70 debt management fees)

If I have understood the Newbies section correctly I should ignore this and wait for a Letter of claim/LBC, then proceed with the SAR and request case put on hold.

What is the time scale for these things? A slow process I take it?  The reason I ask it I go away for work again 10/9-31/10 and don't want to miss any deadlines.

I am determined to fight this al the way, and reading thread after thread on here gives me more confidence to do it.

O/T, is it possible to set up notification alerts for threads? 

Le_Kirk

ab2000 said:

is it possible to set up notification alerts for threads? 

You do this in your profile.