Excell parking..bw legal threat of court proceedings

Redx wrote: »

PEEL CENTRE has featured heavily on this forum for over 7 years, look up MARTIN CUTTS when he was caught many years ago now

it was why I mentioned it as an example as I thought you had mentioned it at some point, PLUS those signs have been regularly changed over the years. its possible the driver was going to the KFC and got caught out over grace periods for example. it is rare to get a windscreen ticket but its been pay and display for many years , but was free overnight many years ago, which changed to p&d at all times

you really need those NTK,s because they will show the reasons for the invoices, hence the SAR to Excel

I myself as well as people like coupon mad was advising people on here back in 2014 and especially about the PEEL CENTRE as it is a notorious car park

what we are telling you now is what should have been done 4 years ago, which was appeal to excel and then to popla , so at the moment you are trying to do the same task 4 years later , but with no popla to help you

I read a recent..ish case where excel were beaten again and assume that if more recent cases than mine have been won on the POFA2012 scenario than can only assume they would not have met POFA2012 on the NTKs back in 2014... is this reasonable to presume? Which on top of me not being the driver should further strengthen my case.
https://www.thesun.co.uk/news/3263657/parking-fine-appeal-won-manchester-landmark-legal-case-help-millions-drivers/

Dear Sirs,

Thank you for your letter of claim dated

I contest that i was not the driver of the vehicle in question and do not know who the driver was in relation to the alleged contraventions that occured 4 years ago as per the dates you have provided within the paperwork issued to me.
your letter contains insufficient detail of the claim and fails to provide any photographic evidence. It does not even say what the cause of action is. Nor does it contain any mention of what evidence your client intends to rely on, or enclose copies of such evidence.


This action on the part of your client is a clear breach of its pre-action obligations set out in the Practice Direction - Pre-Action Conduct, with which as solicitors you must surely be familiar (and with which your client, a serial litigator of small claims, must also be familiar). As you (and your client) must know, the Practice Direction binds all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time.


Nobody, including your client, is immune from the requirements and obligations of the Practice Direction. Your client cannot simply refuse to provide the relevant information "until this gets to court" [or whatever they said].

I require your client to comply with its obligations by sending me the following information/documents:

1. an explanation of the cause of action
2. whether they are pursuing me as driver or keeper
3. whether they are relying on the provisions of Schedule 4 of POFA 2012
4. what the details of the claim are (where it is claimed the car was parked, for how long, how the monies being claimed arose and have been calculated, what contractual breach (if any) is being claimed)
5. a copy of the contract with the landowner under which they assert authority to bring the claim
6. a copy of any alleged contract with the driver
7. a plan showing where any signs were displayed
8. details of the signs displayed (size of sign, size of font, height at which displayed)
9. If they have added anything on to the original charge, what that represents and how it has been calculated.

I am clearly entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction. I also need it in order to comply with my own obligations under paragraph 6(b).

If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) – Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and (c) and 16. I will draw to the court the fact that I have expressly requested this information since as early as [date or month/year of first request] yet your client has refused to provide it, saying that it will not do so until this matter reaches the court.



Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.

Finally please find enclosed a Subject Access Request which i require you to action and supply me with copies of all documentation that has been issued to me by your client Excel Parking Services Limited from the initial dates of the alleged contraventions. This should include copies of original parking notices and all subsequent letters or notices that followed. I also request all partnered organisations details and any other companies that you have shared my details with throughout this process and of course what information was shared.

Yours faithfully


Is the above ok as a rebutal? I have only briefly mentioned POFA201, Is this ok?
Also i still cant see a standard SAR template... rather a GPDR thread thats more to do with a template relating to tbe DVLA or am i missing it?? Thanks in advance

Redx wrote: »

yes that is the thread


https://forums.moneysavingexpert.com/showthread.php?t=5849784


there are SAR examples in it and abedegno posted several posts about the SAR , it is not just about the DVLA


copy one into your rebuttal letter, and send EXCEL DPO a SAR too , so send the SAR to both , but the rebuttal only goes to B W LEGAL or whoever sent you that LBC letter


so rebuttal plus SAR to B W LEGAL


and SAR to EXCEL DPO

When you say DPO do you mean send a SAR to Excel for the attention of their Data Protection Officer? And can i email it to them or does it all have to be done via post? .... just wanted to check this and that DPO isnt something else i am not yet aware of... is my rebutal content ok?