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  • FIRST POST
    • Pringle114
    • By Pringle114 1st Apr 19, 9:19 AM
    • 25Posts
    • 7Thanks
    Pringle114
    Letter Before Claim, EXCEL
    • #1
    • 1st Apr 19, 9:19 AM
    Letter Before Claim, EXCEL 1st Apr 19 at 9:19 AM
    Hi,


    I've finally received my Letter Before Claim from Excel Parking Services. As of yet I've followed the appeal process outlined on the NEWBIES thread and have arrived at this stage.


    I'm attempting to request a SAR but I don't know where/who to send this to?


    Originally this came through Excel via myparkingcharge . com.


    But either way I can't find where to email/send letter to requesting a SAR.


    Can someone help me please?


    Also, this has started because the ticket machine ate my money and didn't issue a ticket. I haven't mentioned this to Excel in the appeal, I assume it's still not worth mentioning?


    Any direction from here would be greatly appreciated.


    Thanks
Page 1
    • onlyfoolsandparking
    • By onlyfoolsandparking 1st Apr 19, 12:01 PM
    • 797 Posts
    • 1,056 Thanks
    onlyfoolsandparking
    • #2
    • 1st Apr 19, 12:01 PM
    • #2
    • 1st Apr 19, 12:01 PM
    All of the answers to your questions are in and around this forum, I have seen where to send a SAR to Excel scumbags on a dozen threads or more!


    As regards 'non issue of ticket' again this has been covered on loads of threads.


    Time for you to start searching around.
    The real meaning of life is the pursuit of happiness and avoidance of pain
    • Redx
    • By Redx 1st Apr 19, 2:59 PM
    • 22,230 Posts
    • 28,100 Thanks
    Redx
    • #3
    • 1st Apr 19, 2:59 PM
    • #3
    • 1st Apr 19, 2:59 PM
    check the privacy page on their website, that is where these details are for all companies, due to GDPR
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Pringle114
    • By Pringle114 2nd Apr 19, 5:54 AM
    • 25 Posts
    • 7 Thanks
    Pringle114
    • #4
    • 2nd Apr 19, 5:54 AM
    • #4
    • 2nd Apr 19, 5:54 AM
    Thank you I've sorted it. Now just nervously waiting on court papers!
    • onlyfoolsandparking
    • By onlyfoolsandparking 2nd Apr 19, 12:31 PM
    • 797 Posts
    • 1,056 Thanks
    onlyfoolsandparking
    • #5
    • 2nd Apr 19, 12:31 PM
    • #5
    • 2nd Apr 19, 12:31 PM
    Don't be nervous, even if you do go to Court its highly likely you will be ordered to pay less than the scumbags are claiming and that's only IF you lose.


    With a well crafted defence and help to hone it to perfection by the experts on here 99% of Court cases are won and the scumbags scuttle off back down the sewers (where they belong)


    If your not already doing this, KEEP reading all around the forum it really does help you gain a much better understanding of how parking scammers operate and Excel are a particularly nasty scammer, get this into your head 'Chance favours the prepared mind'.
    The real meaning of life is the pursuit of happiness and avoidance of pain
    • Pringle114
    • By Pringle114 16th Apr 19, 9:42 AM
    • 25 Posts
    • 7 Thanks
    Pringle114
    • #6
    • 16th Apr 19, 9:42 AM
    • #6
    • 16th Apr 19, 9:42 AM
    just had a reply abiut my requested SAR with Excel parking. I bekieve I had at least 1 PCN with them 5+ years ago as well... Anyway this is what they've said:

    This is to acknowledge receipt of your correspondence regarding a copy of personal data we hold under your name in-line with The General Data Protection Regulation (GDPR) and The Data Protection Act 2018.

    You must appreciate that for the purpose of Data Protection we cannot disclose details in respect of this matter without being sure of the identity of the person making the request. The Information Commissioner's Office states "If you have doubts about the identity of the person making the request you can ask for more information". We note you have provided your name and address details however, we would require further details to enable us to locate and provide any data held. We hope you will appreciate a search under your surname returns a number of PCN accounts.

    Please note that the period allowed for us to respond to the request for this information, begins when we receive the additional information necessary to ascertain the identity of the person applying for a copy of their personal data.

    Therefore in order for us to proceed, we require you to supply the following details as soon as possible:

    CHARGE NOTICE NUMBER:

    Or

    VEHICLE REGISTRATION No:

    The information to be sent may contain a number of PDF documents and/or zip files which will be of a large data size. It is your responsibility to ensure that you are able to both receive and open the files and to check your spam/junk folders at regular intervals.

    The requested information will be sent to your confirmed email address unless, we receive confirmation from you that it is to be provided via a secure third party file transfer host, for example WeTransfer.

    Yours Sincerely


    Do I give then my regustration?? What do I do now? Will this dig out old PCN debt to add to current one? Getting worried now so any help is appreciated!

    Thanks
    • Quentin
    • By Quentin 16th Apr 19, 9:46 AM
    • 38,619 Posts
    • 22,563 Thanks
    Quentin
    • #7
    • 16th Apr 19, 9:46 AM
    • #7
    • 16th Apr 19, 9:46 AM
    Presumably they already know your reg!

    So no harm possible by confirming it
    • Pringle114
    • By Pringle114 16th Apr 19, 9:48 AM
    • 25 Posts
    • 7 Thanks
    Pringle114
    • #8
    • 16th Apr 19, 9:48 AM
    • #8
    • 16th Apr 19, 9:48 AM
    Am I nit to worry that they'll dig out the old PCN and try and claim for both??
    • Quentin
    • By Quentin 16th Apr 19, 9:58 AM
    • 38,619 Posts
    • 22,563 Thanks
    Quentin
    • #9
    • 16th Apr 19, 9:58 AM
    • #9
    • 16th Apr 19, 9:58 AM
    As you have learned it's not their business model to issue PCNs and just let them fester if they don't get paid!
    • The Deep
    • By The Deep 16th Apr 19, 9:58 AM
    • 12,626 Posts
    • 12,842 Thanks
    The Deep
    Also, this has started because the ticket machine ate my money and didn't issue a ticket. I haven't mentioned this to Excel in the appeal, I assume it's still not worth mentioning?

    Of course it is worth mentioning, extremely vociferously, it will be one on the main planks of your defence.

    You upheld your end of the contract by proffering payment. By accepting that payment they agreed to be contractually bound. If this
    were to get in front of a judge they might well struggle. Increase you firepower, enlist the help of your MP.

    On 15th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

    Until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.




    b
    You never know how far you can go until you go too far.
    • Snakes Belly
    • By Snakes Belly 16th Apr 19, 10:44 AM
    • 487 Posts
    • 606 Thanks
    Snakes Belly
    When you receive their witness statement they will try to maintain that the contract was formed at the point of entry to the car park and cite the case Thornton v Shoe Lane. The car park in question (Shoe Lane) was a barrier car park with a clear sign at the barrier. The car would stop and take a ticket.

    There are numerous instances online whereby Excel fail to maintain their equipment properly although they will claim the opposite in their WS. I have used instances in my WS which their rep is not happy about. (have not had hearing yet as case was rescheduled).

    They will also cite the Vine v Waltham case. Not sure why they use this because Miss Vine actually won on appeal.
    Last edited by Snakes Belly; 16-04-2019 at 10:48 AM.

    Nolite te bast--des carborundorum.
    • Pringle114
    • By Pringle114 16th Apr 19, 10:46 AM
    • 25 Posts
    • 7 Thanks
    Pringle114
    As you have learned it's not their business model to issue PCNs and just let them fester if they don't get paid!
    Originally posted by Quentin
    So what are you saying? I should pay?
    • Pringle114
    • By Pringle114 16th Apr 19, 10:49 AM
    • 25 Posts
    • 7 Thanks
    Pringle114
    When you receive their witness statement they will try to maintain that the contract was formed at the point of entry to the car park and cite the case Thornton v Shoe Lane. The car park in question (Shoe Lane) was a barrier car park with a clear sign at the barrier. The car would stop and take a ticket.

    There are numerous instances online whereby Excel fail to maintain their equipment properly although they will claim the opposite in their WS. I have used instances in my WS which their rep is not happy about. (have not had hearing yet as case was rescheduled).

    They will also cite the Vine v Waltham case. Not sure why they use this because Miss Vine actually won on appeal.
    Originally posted by Snakes Belly
    The car park in question didn't have a barrier etc. and again I paid the money and wasn't issued a ticket.

    Will that actually hold up in court? Just seems a little flimsy... Although I've no experience in court etc.
    • Snakes Belly
    • By Snakes Belly 16th Apr 19, 11:15 AM
    • 487 Posts
    • 606 Thanks
    Snakes Belly
    You could ask for the maintenance records on their machines.It sounds as if the tally roll that produces the tickets had run out.

    Did you leave anything on the dashboard such as a note?

    Nolite te bast--des carborundorum.
    • Quentin
    • By Quentin 16th Apr 19, 11:21 AM
    • 38,619 Posts
    • 22,563 Thanks
    Quentin
    So what are you saying? I should pay?
    Originally posted by Pringle114
    Don't know how you got that suggestion from anything I have posted??
    • Fruitcake
    • By Fruitcake 16th Apr 19, 11:26 AM
    • 39,305 Posts
    • 87,758 Thanks
    Fruitcake
    Please note that the period allowed for us to respond to the request for this information, begins when we receive the additional information necessary to ascertain the identity of the person applying for a copy of their personal data.

    This is a lie.

    The clock starts from the date of the original request, and they know it. Complain to them about their misrepresentation when you send the VRN/PCN number confirmation.

    Complain to the ICO about their misrepresentation, and complain again if they miss the original 30 day deadline.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • Pringle114
    • By Pringle114 16th Apr 19, 11:31 AM
    • 25 Posts
    • 7 Thanks
    Pringle114
    They've replied with what I asked for. However I made the below request which they've not supplied:

    A PDT machine record from 28/12/2018, which must show all payments made, and partially redacted VRN’s, with sufficient information to protect full disclosure of other VRN’s, but enough letters or numbers to establish and identify if a payment was made.

    Should I follow up?
    • Pringle114
    • By Pringle114 16th Apr 19, 11:36 AM
    • 25 Posts
    • 7 Thanks
    Pringle114
    You could ask for the maintenance records on their machines.It sounds as if the tally roll that produces the tickets had run out.

    Did you leave anything on the dashboard such as a note?
    Originally posted by Snakes Belly
    Unfortunately not as I was in a rush to pick my daughter up. I requested a PDT record from the machine which they haven't supplied as part if the SAR.
    • beamerguy
    • By beamerguy 16th Apr 19, 11:50 AM
    • 11,072 Posts
    • 14,836 Thanks
    beamerguy
    They've replied with what I asked for. However I made the below request which they've not supplied:

    A PDT machine record from 28/12/2018, which must show all payments made, and partially redacted VRN’s, with sufficient information to protect full disclosure of other VRN’s, but enough letters or numbers to establish and identify if a payment was made.

    Should I follow up?
    Originally posted by Pringle114
    They will avoid that question. It is however up to them to prove the machine was working correctly at the time
    If a payment was made and the machine did not offer the service, then what happened to the money ???
    One must assume that EXCEL stole it ?
    Last edited by beamerguy; 16-04-2019 at 11:53 AM.
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Pringle114
    • By Pringle114 16th Apr 19, 11:55 AM
    • 25 Posts
    • 7 Thanks
    Pringle114
    They will avoid that question. It is however up to them to prove the machine was working correctly at the time
    If a payment was made and the machine did not offer the service, then what happened to the money ???
    One must assume that EXCEL stole it ?
    Originally posted by beamerguy
    As I've not yet mentioned to them that my defense would be that the machine stole my money and didnt issue a ticket, should I reply with this info? Stating that I will need this etc? Or...?
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