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Excel PCN from 2013, new letter from BW Legal- help!

1911131415

Comments

  • Thinking of possible emailing the landowner where the car park is to see if they will divuldge any info on Excel's 'rights' on the land, eg, allowed to manage parking, allowed to enforce, allowed to take to court, just wondering if it's a good idea, and if so what might be the best kinda things to ask? Just wondering if it would give me any more ammo against them and BW.
  • Coupon-mad
    Coupon-mad Posts: 130,638
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    Thinking of possible emailing the landowner where the car park is to see if they will divulge any info on Excel's 'rights' on the land, eg, allowed to manage parking, allowed to enforce, allowed to take to court, just wondering if it's a good idea, and if so what might be the best kinda things to ask? Just wondering if it would give me any more ammo against them and BW.

    Yes, why not?

    It can't hurt and this isn't the 'Peel Centre' so not one we know exactly what the arrangement is, unless a reliable regular poster with knowledge of landowner contracts, like IamEmanresu, knows it.

    You could also ask that landowner if they will cancel it, as you are horrified that they are allowing their agents to sue registered keepers of cars when in fact, that person cannot be held liable but is expected to answer to it and face a hearing, just because a driver parked in their car park.

    Remind them they remain liable for the actions of their agents at all times, lawful or unlawful, including harassment and DPA misuse of a registered keeper's data.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Coupon-mad wrote: »
    Yes, why not?

    It can't hurt and this isn't the 'Peel Centre' so not one we know exactly what the arrangement is, unless a reliable regular poster with knowledge of landowner contracts, like IamEmanresu, knows it.

    You could also ask that landowner if they will cancel it, as you are horrified that they are allowing their agents to sue registered keepers of cars when in fact, that person cannot be held liable but is expected to answer to it and face a hearing, just because a driver parked in their car park.

    Remind them they remain liable for the actions of their agents at all times, lawful or unlawful, including harassment and DPA misuse of a registered keeper's data.

    It's some kind of developer, building a new area just outside town with houses, retail and marina type thing to join the canal, so I'm guessing once the area is comepletely redeveloped the car park possible won't exist anymore unless they decide to keep it on.

    Will give it a bash at putting together an email.

    Coupon-mad you said to wait a week before sending the letter to the SRA, do I need to wait for an outcome from CSA or would you just get it sent off? I'm hoping BW have received my last letter this morning :D
  • This is what I've put together for the landowner, any pointers gratefully received!

    [FONT=Arial, sans-serif]Dear Sir or Madam,[/FONT]


    [FONT=Arial, sans-serif]I hope you can help assist me with a problem I have involving your land.[/FONT]


    [FONT=Arial, sans-serif]Over 3 years ago the vehicle that I am registered keeper of received a parking charge notice from Excel Parking who manage the old Trebor Bassett (now Brewery Street) car park that as I understand now belongs to you since your purchase in 2004.[/FONT]


    [FONT=Arial, sans-serif]Excel are doing a poor job in managing the car park and have been harassing me and instructing a legal team to send threatening and misleading letters to me for an alleged contravention they seem to have plucked out of thin air as there is no evidence to back this up, not least because they continue to use the faded old markings of the former factory car park and use this to entrap users.[/FONT]


    [FONT=Arial, sans-serif]I write to ask if you would cancel the charge, as I am horrified that you are allowing your agents to intimidate and sue registered keepers of vehicles that use the car park when in actual fact a registered keeper cannot be held liable but is expected to answer to this and face a hearing in court, all because a driver of the vehicle parked in the car park. They and their legal team seem to ignore this fact and continue with their vendetta.[/FONT]


    [FONT=Arial, sans-serif]You as land owner remain liable for the actions of your agents at all times, lawful or unlawful, which includes harassment and Data Protection Act (DPA) misuse of a registered keeper's data, which they continue to use to this day.[/FONT]


    [FONT=Arial, sans-serif]Since this incident myself and anyone else who has access to the vehicle, plus friends and family have avoided the car park in question at all costs, some of which were regulars. This was also put out on social media to inform people of the money grabbing and unfair tactics of your agents.[/FONT]


    [FONT=Arial, sans-serif]I have already had cause to complain to the Credit Services Association (CSA) for breaches of their code of practice and await their response to the issues they have found and am also in the process of writing to the Solicitors Regulatory Authority (SRA) for the conduct of the legal team they have instructed. This quite clearly shows that Excel Parking hold little regard for users of the car park in question and will stop at nothing to attempt to claim unlawful charges.[/FONT]


    [FONT=Arial, sans-serif]I look forward to your response.[/FONT]
  • Redx
    Redx Posts: 38,084
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    I think I would ask them who is contractually responsible for marking out the parking bays and when they were last painted etc too
  • Coupon-mad
    Coupon-mad Posts: 130,638
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    edited 7 August 2020 at 10:52PM
    Agree with Redx, who beat me to it - a good point to add.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • LoveNorfolk
    LoveNorfolk Posts: 193 Forumite
    edited 5 September 2016 at 5:14PM
    Excellent, thanks guys, I will check over the SRA complaint as I am off tomorrow and get sent, the landowner pags has kindly provided the managing directors name on their site!
  • Have added this in:

    [FONT=Arial, sans-serif]I enquire who is contractually responsible for marking out the parking bays and when they were last painted, as from the photos provided from the agent and a visit to look for myself, the bays are poorly marked out and extremely faded, with no redesign from the previous use, meaning some bays are chopped in half by fencing erected. There is also the absence of any markings that would indicate an area where parking is restricted, which is the alleged contravention your agent is claiming occurred despite the vehicle being parked within a (poorly) marked bay. This in itself is a failing on whoever is responsible and surely as land owner, regardless who manages the site, this should be something that you should be aware of and ensure is carried out correctly to prevent situations such as this.[/FONT]
  • LoveNorfolk
    LoveNorfolk Posts: 193 Forumite
    edited 6 September 2016 at 2:35PM
    Speaking to a colleague yesterday (I've found talking makes me a feel a bit better about it as people think these companies are s.c.u.m), found out they had a similar predicament to this and other old cases, but they paid it!! I was trying to get them to understand what they could have done, and they asked me this, which I couldn't answer them and thought you guys might be able to help with?

    They were the driver, so by mentioning NTK not being POFA compliant (which is what I was trying to explain), if it got to court they couldn't say they weren't driving, but could have said they couldn't remember with it being so long ago, but then that's technically lying. But that's even if it got to that stage! Any ideas, cos I'm stumped!

    On another note, no reply from the land owner yet, but have seen in local press that they are moving onto next bit of development and that the car park will close....but then move to another part of the land. Wonder if they'll keep Excel on?
  • I have a letter put together for BW basically pointing out how the photographic evidence is not proof of the contravention alleged. Is this a good idea as I need this to be able to be use in court as it basically shows nothing to pin anything down as far as I see? I also need to point out to them they missed enclosing the PCN, and was going to request evidence to back me up, that if they can't provide will not help their case. I don't believe they will be able to provide it either as as far as I know it doesn't exist! They should have just received my last letter, so wondering whether to hold on a bit longer, or will that seem odd since I need evidence they have not sent me but said in a letter they have? Sending SRA letter tomorrow, do I need to inform BW? Cheers.
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