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  • FIRST POST
    • Erinandi
    • By Erinandi 8th Jun 17, 9:18 PM
    • 19Posts
    • 1Thanks
    Erinandi
    Excel parking Cavendish Retail Park help
    • #1
    • 8th Jun 17, 9:18 PM
    Excel parking Cavendish Retail Park help 8th Jun 17 at 9:18 PM
    Sorry I know you all must be sick of newbies.....I have tried to read all sticky posts but am still getting confused and at the point of paying, but there is a little part of me that does not want to.

    So I got a notice to keeper. I know I did not drive the car that day as I was at work 75 miles away in Durham. I believe no ticket was bought. My first question is, is that an "unfair ticket"?

    I understand that I can say I was not driving but can they still pursue me as registered keeper? I can see that lots of cases been won at court level but what are the chances they will take me to court anyway. Excel seems to be reported here as better at winning etc

    After researching pofa it appears that excel may have gone against this? The parking happen on 9th May. Their issue date was 25th May. Does this mean that they can not hold me the keeper liable for driver?

    Tia
    Last edited by Erinandi; 08-06-2017 at 10:12 PM.
Page 3
    • IamEmanresu
    • By IamEmanresu 3rd Dec 17, 6:23 AM
    • 2,296 Posts
    • 4,099 Thanks
    IamEmanresu
    New letter arrived Thursday headed "Letter of Claim".
    Search for Pre-Action Protocol (PAP). Have you sent already sent a PAP letter and have you had a response?
    Idiots please note: If you intend NOT to read the information on the Notice of Allocation and hand a simple win to the knuckle dragging ex-clampers, then don't waste people's time with questions on a claim you'll not defend.
    • Erinandi
    • By Erinandi 3rd Dec 17, 7:29 PM
    • 19 Posts
    • 1 Thanks
    Erinandi
    Tried to attach photos of letters but can’t seem to do it from my phone. They are from BW Legal.

    First one:

    “We have been instructed by Excel Parking Services Ltd to commence legal action in the form of issuing a Claim against you in the County Court, without further notice, in respect of the above debt, if payment or a response is not received before. If you despite this debt, please tell us why so that we can help resolve this matter.

    Estimated Claim
    Such legal action may result in you being liable for Court fees, solicitors’ costs and statutory interest which are estimated below”

    Goes on to say what I need to do (pay balance), then threaten CCJ’s. Enclosed is form with tick boxes to say what I will do eg pay debt or dispute it.
    • Erinandi
    • By Erinandi 3rd Dec 17, 10:24 PM
    • 19 Posts
    • 1 Thanks
    Erinandi
    Search for Pre-Action Protocol (PAP). Have you sent already sent a PAP letter and have you had a response?
    Originally posted by IamEmanresu
    Yes sent and got reply. In short:

    -they say their legal fee is reasonable,
    -they are relying on Chaplair vs Kumasi
    -they note comments on PoFA and do not intend to rely on it,
    -note what I say on Elliot vs Loake but maintain their position and as precedent set they presume I am driver
    -they will rely on Combined Parking solution vs AJH films
    - their actions fall short of high threshold of harassment as it is reasonable course of action to take.

    This was in second letter I got from BW level.
    • nosferatu1001
    • By nosferatu1001 4th Dec 17, 11:09 AM
    • 2,432 Posts
    • 2,980 Thanks
    nosferatu1001
    CPS vs AJH requires that the driver and keeper are a company, and the driver was acting under the companies instructions.

    Have they complied with all elements of the new PAP, including the 30 day notice?
    • Erinandi
    • By Erinandi 14th Mar 18, 10:02 PM
    • 19 Posts
    • 1 Thanks
    Erinandi
    Further help please
    Have a few more questions.

    I sent off the same info to BW than I did to Excel about the fact that I was not the driver. They finally admitted that I was not the driver however they are still chasing me for driver details. If they contact me further are they breaching data protection? Should I reply asking them to delete my details?

    I have also asked for details as per the new Practice Direction on Pre-action Conduct which I still not received. Should I be asking again for this again? or does this invite them to keep contacting me?

    Thanks for all you help so far.
    • Coupon-mad
    • By Coupon-mad 15th Mar 18, 10:23 PM
    • 57,309 Posts
    • 70,913 Thanks
    Coupon-mad
    Chaplair vs Kumasi
    So by now you will have searched the forums for either name 'Chaplair' or 'Kumari' (because it isn't Kumasi) and found out how to rebut this rubbish.

    Same for 'AJH Films', just search the forum and change the default every time, to SHOW POSTS (never threads).

    Don't wait for people to have to reply yet again when all of this is already here umpteen times over.

    Do those searches now if you haven't already, what you see here is the tip of the iceberg and the forum has everything you ever want to know, already here beneath the layers of threads, waiting to be found and re-used.

    Nothing is new here.

    If they contact me further are they breaching data protection?
    No. They won't let up.

    Reply as long as it's not costing you stamps and you don't name the driver at any point.

    Expect a court claim and expect to win.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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