Letter before claim received - Excel Parking

Ihat3scams

Hi everyone, first time posting so please feel free to ask for any information I have missed or procedures I haven't correctly followed.

In early December 2023 I parked in a car park run by Excel Parking. I'll be honest I forgot to pay as where I parked there weren't any signs and I walked straight out the car park and into the hotel I was stayed adjacent.

I drive a company owned vehicle so I was initially made aware of the first letter through my boss in early January 2024, this first later stated that it was a "PCN FINAL REMINDER" and wanted payment of £70. After reading through it claims that a notice to keeper was issued in December and since no response was received this was now too late to appeal. I've spoken to my company and no such letter was received so I ignored. Then a "demand for payment" letter was received in early February now claiming the outstanding balance was £140. Ridiculous amount of money for a loss of earnings of £5. They then sent another "final demand" letter asking for the full payment of £140. A "Letter before claim" then arrived which states the principle debt plus a further amount for court fees. 

I have read through the newbies section and hopefully can answer some questions:
Plan A) I have contacted the hotel and they state they are not the landowner and just gave me Excel Parking's number to contact. I have tried googling the car park but cant seem to find any information regarding the landowner, is this route still an option?

I never received a windscreen ticket and the vehicle is a company one, I have made no contact to them so they don't know the registered keeper as yet. I realise Excel are a member of the IPC. I now realise I should've most likely appealed after the first letter.

The LBC came directly from them and not from a solicitors so am I right in believing I should send the template outlined in post 2 directly back to them?

Any help greatly appreciated, many thanks.

Fruitcake

Who is the registered keeper of the vehicle in question (to whom has all the correspondence been sent)?
A person or a company? 

Either way, they are responsible for the PCN and any ensuing claim unless and until the driver is named before a claim is issued Naming the driver is not recommended.

The registered keeper should respond robustly to the PPC stating that it is a lease vehicle, or a company vehicle, whichever is applicable. If the keeper needs more time, they should state that whilst the debt is denied, they are seeking debt advice and require the case to be put on hold for 30 days as required by the court pre-action protocol. Do this around day 25 from the issue date of the letter of/before claim to give maximum time for research and response.

If it is a lease vehicle, I suggest sending the relevant edna basher letter from the NEWBIES, and/or name the lessee who is defined as the day to day keeper according to the PoFA 2012.
If it is a company vehicle, then there is another edna basher letter to cover that.

Once a claim has been issued, it is too late to name the lessee. A company however can never be the driver.

Coupon-mad

Yes - who is getting the letters?  Why hasn't your company transferred liability to you?

Ihat3scams

Hi both, thanks for replying. 

All the correspondence have been sent to my boss as it is a company owned vehicle, he’s then forwarded these letters to myself. It’s not leased.

My boss has now requested I sort this out myself as he (understandably) just wants it to go away so he stops getting letters. I understand your point about delaying for more time but he wants no contact with them. Am I a bit screwed with this one? 

I shall read up about edna basher letters now, cheers! 

Coupon-mad

Your boss is being dumb.  All the time the company fails to transfer liability to you, THEY will be pursued, not you.

Right now he is sleepwalking into getting a court claim for the company to defend.

Companies can't just pass a PCN to the driver!  Come on boss (or you).  He only has to read the PCN and transfer liability by providing the scammers with your name & address.  Then it's yours.

Why not do that (transfer of liability slip) yourself in the company name if he's too lazy? 

Ihat3scams

Oh dear, I will not be in the good books then! 

So is my best course of action to tell them my name and address? Is there any harm at this stage in admitting I’m the driver then? 

Coupon-mad

Ihat3scams said:

Oh dear, I will not be in the good books then! 

So is my best course of action to tell them my name and address? Is there any harm at this stage in admitting I’m the driver then? 

You can't do anything in your name, until it is transferred to you.

The company must transfer liability but why don't you just fill that slip in, for the company?  Preferably do it online, if offered.

He wants you to deal with it and that's the proper way for the company to get out of it.  Job done.  Then it becomes yours.

Fruitcake

You must get liability transferred to you as the day to day keeper, not the driver. 

Fruitcake

You must get liability transferred to you as the day to day keeper, not the driver. This must be done before the claim itself is issued, after which the keeper will remain liable even if they name anyone else.

Ihat3scams

Understood thanks. I've looked back through all the letters sent, logged into the online portal where it states a transfer of liability can be made and there is no option for this. Even once logging into to the case (with serial no. and reg etc) there is only an option to "pay now". 

There is a number attached but it just appears to be an automated payment line number. There's also an address issued on the reply form section of the LBC. Any ideas?

Coupon-mad

The company replies to whoever sent the LBC naming you as the driver and giving your full postal address.  The company can reply to the LBC by email surely?

Never mind dancing around it with this 'day to day keeper' phrase. Nope.  IMHO:

When it is this close to a reluctant company getting a court claim they NAME THE DRIVER and that ends it for them.