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

Snakes_Belly

Excel don't tend to use legals for the paperwork but they use them for representation in court. Don't worry about that though as they are often ill prepared.

Grizebeck

Snakes_Belly said:

Excel don't tend to use legals for the paperwork but they use them for representation in court. Don't worry about that though as they are often ill prepared.

They use DCBL quite a lot now.

patient_dream

Grizebeck said:

Snakes_Belly said:

Excel don't tend to use legals for the paperwork but they use them for representation in court. Don't worry about that though as they are often ill prepared.

They use DCBL quite a lot now.

I suppose we can call them them fools especially as VCS, the after half had to pay out £1000 not long ago.

Each to their own ?

ab2000

ab2000 said:

Also on page 2 it says that "We do not accept service of any documents by email."  Does that mean that they won't even accept my request for a 30 day hold by email?

Could someone clarify this question please. A few days left to request a 30 day hold. 

I am just concerned that they could use this as a get out to not grant it, or claim that they have already given me 30 days(the deadline to respond to LBC)

Fruitcake

Since covid first stalked the land, email has been the accepted method for sending information.
If they have sent you anything by email, then they are being hypocrites, and it is reasonable for you to respond by similar method.

Le_Kirk

Sending an e-mail request to put the claim on hold is not "service of documents" it is merely an electronic communication.

Ed2022

Reading this here, that delivery or sending court documents by email is not service, unless the other party expressly consents to it.

Part 6, rule 23 of the CPR & Practice Direction 6A, paragraph 4.1 & Practice Direction 6, paragraph 4.2 

Coupon-mad

Ed2022 said:

Reading this here, that delivery or sending court documents by email is not service, unless the other party expressly consents to it.

Part 6, rule 23 of the CPR & Practice Direction 6A, paragraph 4.1 & Practice Direction 6, paragraph 4.2 

Yes that's true.

But sending a reply to a LBC is not court stage.

Snakes_Belly

Coupon-mad said:

Ed2022 said:

Reading this here, that delivery or sending court documents by email is not service, unless the other party expressly consents to it.

Part 6, rule 23 of the CPR & Practice Direction 6A, paragraph 4.1 & Practice Direction 6, paragraph 4.2 

Yes that's true.

But sending a reply to a LBC is not court stage.

You can still ask for their VRN records and payment records for the day of the transgression.  

Snakes_Belly

@Beaudelicious, @ab2000

As you both know I was hoping to find out the payment provider of the transactions that were processed from the machines operated by Excel Parking Services Limited. 

Once I had found out the payment provider I was hoping that a complaint to the payment provider would flush out what had happened to ab2000's pending payment and the other drivers whose payments had been declined hours after the event. If the payment provider had not been forthcoming the complaint could be escalated to the FCA.

The payment provider for the payments generated from the machines in Backcester Lane and Gresley Row Lichfield is a company called International Parking Systems UK Limited. They are based in Donaster DN4 5FB. 

They were regulated under the FCA however after speaking to the FCA this morning I was informed that their registration with the FCA was cancelled on the 18/7/2022.  As they are no longer regulated under the FCA no complaints can be made. 

I think that the fact that the fact that this payment provider's registration has been cancelled should be mentioned in defences especially in the cases that are affected by payment issues.

I would also be asking for the merchant payment lists showing the status of the transactions and VRN list for the appropriate days. If they are not forthcoming bring that to the attention of the judge.  

https://register.fca.org.uk/s/firm?id=0014G00002YuwyNQAR&fbclid=IwAR2B0M5XpTKWwoEGRjvG71E_nQeac4C3YQ1RCCc1FqZgLv2x-fguC62L2bg


This is what a payments page looks like.

http://support.worldpay.com/support/kb/gg/merchantadmininterface/content/2transactions/the_payment_page.html

The account number appears below the creation date so should be able to identify a specific payment.