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Letter Before Claim, EXCEL

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Comments

  • Pringle114
    Pringle114 Posts: 64 Forumite
    beamerguy wrote: »
    You need to ask what happened to your money, again the onus is with them to provide proof.

    You put money in the machine in good faith and foillowed the rules of the car park so a dodgy machine could be seen as frustration of contract.

    The main point you will ask a judge

    Is this all to happen in the event of court? Or do I reply now to the Debt and Litigation manager and ask them?
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    Pringle114 wrote: »
    Is this all to happen in the event of court? Or do I reply now to the Debt and Litigation manager and ask them?

    Ask them .... what happened to your money. The answer from them will be good to show a judge
  • Pringle114
    Pringle114 Posts: 64 Forumite
    I've sent the below reply..

    As you've not supplied me a PDT record for the machine in question, can you please confirm what happened to the money I entered into the machine? As I upheld my end of the contract by offering payment, and wasn't issued a ticket or a refund, I can only assume it is still in your posession.
  • Pringle114
    Pringle114 Posts: 64 Forumite
    This is their reply:


    As the PDT log shows other VRM's we are unable to provide this level of information.

    I've checked the log and there are there are no records of any tickets purchased around that time for that day. Did you call the helpline number at the time.

    Regards


    I didn't phone the helpline as I was in a rush. I haven't replied yet though. I know a rough time from when I attempted to purchase the ticket, this was earlier than the ticket was issued obviously.

    Any ideas on follow up?
  • Snakes_Belly
    Snakes_Belly Posts: 3,696 Forumite
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    edited 17 April 2019 at 3:19AM
    I would send a strong rebuttal letter to the LBC if you haven't done this already. There are some examples on this site.

    Ask again for records and maintenance records and also ask for evidence of landowner authority.

    From what others have said if you had tried to ring them it would have taken ages to get through. They always come up with that one as if there would be some charming customer service adviser on the phone just trying to help you.

    Nolite te bast--des carborundorum.
  • Pringle114
    Pringle114 Posts: 64 Forumite
    Snakes_Belly wrote: »
    I would send a rebuttal letter to the LBC if you haven't done this already. There are some examples on this site.

    Ask again for records and maintenance records and also ask for evidence of landowner authority.

    From what others have said it you had tried to ring them it would have taken ages to get through. They always come up with that one as if there would be some charming customer service adviser on the phone just trying to help you.

    After the LBC I just emailed them telling them I've requested a SAR. Should I email again? I've already appealed, is this not just doing it again?

    Also should I reply to the current email telling them the approx time I attemoted to buy ticket? Also adding in that I attemoted to ring customer service but it took too long to get through?
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    Pringle114 wrote: »
    After the LBC I just emailed them telling them I've requested a SAR. Should I email again? I've already appealed, is this not just doing it again?

    Also should I reply to the current email telling them the approx time I attemoted to buy ticket? Also adding in that I attemoted to ring customer service but it took too long to get through?

    They are playing a game with you, it's the way scammers operate.

    You are NOT asking to see other VRN's, they can redact them.
    So you inform the judge they are being obstructive and require strict proof of their claim by way of the machine records

    Your phone records will show you tried to ring the helpline.

    Excel will have serious questions to answer. Be prepared to swear on oath to the judge that you paid and lost money and what did Excel do with the money, they have to keep records and if no ticket was issued, what happened to the money ?
  • Snakes_Belly
    Snakes_Belly Posts: 3,696 Forumite
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    edited 16 April 2019 at 8:54PM
    It is recommended to send a rebuttal letter after the receiving the LBC. In the letter you say why you deny the claim and state that any court action will be robustly defended. You can also request any further information in this letter.

    A strong rebuttal letter may in the case of some PPC's see them off. With Excel to be honest it's unlikely but it's best to engage at this stage. All correspondence you can keep for the WS. The judge will see this correspondence and it shows that you have requested this information.

    At this stage they have to comply with pre-action protocols and should provide any information that you request.

    Judges can be very random and this case seems to be your word against theirs but they have not provided any evidence that their system was working and you have asked them several times. There is no reason why they could not have provided this other than the fact that it would prove your case. They have a terrible track record for failure of their systems and have on one occasion recently materially altered evidence. They have been kicked off various sites because of the failure of their equipment.

    Nolite te bast--des carborundorum.
  • Pringle114
    Pringle114 Posts: 64 Forumite
    Would you recommend sending a rebuttal letter over 2 weeks from receiving the LBC??
    Would an email be better? If so, is it best to just reply to the Debt & Litigation manager as I'm already in an email correspondence?
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    First Anniversary Photogenic Name Dropper First Post
    Pringle114 wrote: »
    Would you recommend sending a rebuttal letter over 2 weeks from receiving the LBC??
    Would an email be better? If so, is it best to just reply to the Debt & Litigation manager as I'm already in an email correspondence?

    You have 30 days to reply to the LBC although don't leave it to the last minute.

    You deny their claim because their machine did not function, you lost money, where is the money, they have failed to provide the proof you requested.

    Excel think they are little tin gods, they are just low life scammers and if they don't see sense, they will get another whooping in court.
    They have seen this whooping many times and don't forget, when you win, you can claim costs from them.

    Excel do read this forum ...... when they were using their dodgy legal they were screwed ..... badly ???

    Now they seem to be doing it themselves ???

    They would be well advised to drop the claim as they cannot, or will not offer proof ..... very silly EXCEL .... another load of rubbish
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