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Received PCN notifications 3 months after alleged contravention

Hi. Hope somebody can help/offer advice. I have just recently received a collection of Excel Parking letters from the student flat above our shop premises (sharing the same address as ours) which have been passed on to us after the students have reached the end of their lease (the lady cleaning the flat kindly passed them on, which the students unfortunately didn’t bother to do). The letters were for a PCN back in March (the first letter dated in April) but we had absolutely no knowledge of their existence. The last letter sent (28/06/23) is a ‘letter before claim’ demanding a payment of £170. I want to appeal as I know that I did not commit an offence and can prove this, but due to the time elapsed I have no way to do so. There is no email address for Excel to explain the situation, and no phone number. So, short of getting a potential CCJ and further increased fine I really don’t know what action I can take if I refuse to pay. In absolutely no circumstances do I want to pay the fine, as I know the fault lies with Excel. Can anybody advise please?


  • Fruitcake
    Fruitcake Forumite Posts: 57,054
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 14 July at 11:17AM
    There was no offence and you have not received a fine.

    I hope you haven't used your real name as a username.

    I'm assuming the LBC is in your/the vehicle keeper's name and not aimed at a former tenant. You are way past the point where you could appeal and must prepare to defend a claim.
    Does it say where the alleged event occurred and for what reason a PCN was issued?

    You have 30 days from the issue date of the LBC to respond before you get a court claim. I suggest you send an SAR now to the DPO of Excel, and include non-photo proof of ID. This will flush out the original NTK and give you the opportunity to complain to the landowner and the keeper's MP.

    Then send a 30 day hold instruction around the 25th. Tell them whilst you deny the debt you are seeking debt advice and require the case to be put on hold for 30 days as per court pre-action protocol.
    How to do this should be on the LBC.

    This means you should get the results of your SAR back before the court claim is issued. Be in no doubt, you will get one.

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  • Jonathanpaulbagge
    Jonathanpaulbagge Forumite Posts: 2
    First Post
    Thanks for your response. Could you clarify what an SAR is please?
  • B789
    B789 Forumite Posts: 3,392
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 14 July at 1:00PM
    Subject Access Request. Now go read the Newbies/FAQ thread and keep referring back to it as it is your bible for dealing with PCNs and claims.

    This is an example of an SAR:
    The difference between intelligence and stupidity is... intelligence has its limits.
  • Coupon-mad
    Coupon-mad Forumite Posts: 122,785
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Thanks for your response. Could you clarify what an SAR is please?
    This is all explained in NEWBIES PLEASE READ THESE FAQS FIRST (top of this forum) and the second post there is all about pre-court and then court defence stage - and how to easily win!

    Anyway, did you know that the law is changing and (hopefully) creating a fairer regime that stops this litigation culture?    I'm on the Government Steering Group creating the new statutory Code of Practice.  This is what I've been working on since 2020 with the DLUHC and others.

    We sincerely hope that you are au fait with the need to respond to the final Government Public Consultation?

    We all need to ram the nail in the coffin of the false £70 'DRA fee' add-on, that actually funds the court claim and toxic CCJ culture.  Please come back here when it opens.  If you are not a regular reader, to be alerted you'll need to bookmark the thread by MSE_JC at the top of the forum and enable (on your profile) email alerts for bookmarked threads.

    The announcement & final update is expected this month from the DLUHC.

    Please come back in a couple of weeks or in August if you can.
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    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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