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  • FIRST POST
    • Pringle114
    • By Pringle114 1st Apr 19, 9:19 AM
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    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 2
    • beamerguy
    • By beamerguy 16th Apr 19, 12:02 PM
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    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...?
    Originally posted by Pringle114
    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
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Pringle114
    • By Pringle114 16th Apr 19, 12:05 PM
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    Pringle114
    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
    Originally posted by beamerguy
    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
    • By beamerguy 16th Apr 19, 12:08 PM
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    beamerguy
    Is this all to happen in the event of court? Or do I reply now to the Debt and Litigation manager and ask them?
    Originally posted by Pringle114
    Ask them .... what happened to your money. The answer from them will be good to show a judge
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Pringle114
    • By Pringle114 16th Apr 19, 12:20 PM
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    Pringle114
    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
    • By Pringle114 16th Apr 19, 12:53 PM
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    Pringle114
    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
    • By Snakes Belly 16th Apr 19, 1:38 PM
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    Snakes Belly
    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.
    Last edited by Snakes Belly; 17-04-2019 at 2:19 AM.

    Nolite te bast--des carborundorum.
    • Pringle114
    • By Pringle114 16th Apr 19, 1:48 PM
    • 25 Posts
    • 7 Thanks
    Pringle114
    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.
    Originally posted by Snakes Belly
    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
    • By beamerguy 16th Apr 19, 7:36 PM
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    beamerguy
    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?
    Originally posted by Pringle114
    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 ?
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Snakes Belly
    • By Snakes Belly 16th Apr 19, 7:52 PM
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    Snakes Belly
    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.
    Last edited by Snakes Belly; 16-04-2019 at 7:54 PM.

    Nolite te bast--des carborundorum.
    • Pringle114
    • By Pringle114 16th Apr 19, 8:05 PM
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    Pringle114
    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
    • By beamerguy 16th Apr 19, 8:51 PM
    • 11,068 Posts
    • 14,824 Thanks
    beamerguy
    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?
    Originally posted by Pringle114
    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
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Pringle114
    • By Pringle114 16th Apr 19, 10:58 PM
    • 25 Posts
    • 7 Thanks
    Pringle114
    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
    Originally posted by beamerguy
    Thanks a lot. I'll draft another rebuttal letter/email tomorrow and send both. I suppose them witholding the info I need warrants another response. Thanks
    • Snakes Belly
    • By Snakes Belly 17th Apr 19, 9:39 AM
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    Snakes Belly
    Just remember that if you do send items by post to obtain a proof of posting from the post office. Don't send by registered post or special delivery that has to be signed for. Keep all emails and correspondence.

    Nolite te bast--des carborundorum.
    • Snakes Belly
    • By Snakes Belly 17th Apr 19, 9:45 AM
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    Snakes Belly
    Note also on the LBC the amount that they have stated that you owe. Does it mention specifically 60.00 for debt collector's fees? That is a scam as they have not paid debt collectors who work on a no- collection no fee basis. It's abuse of process. The pre-action protocol specifically states that the Claimant should not inflate the debt with costs.

    Excel are inflating the debt with costs that don't even exist. They will quote case in their WS to justify this. The case is totally irrelevant as it relates to a signed contract and monies that were actually paid.
    Last edited by Snakes Belly; 17-04-2019 at 10:25 AM.

    Nolite te bast--des carborundorum.
    • Pringle114
    • By Pringle114 17th Apr 19, 12:41 PM
    • 25 Posts
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    Pringle114
    Thanks a lot. I'll go through the ketters etc. before I send anything. I do believe that they added 60 on for debt collectors yes. Thanks for that
    • Pringle114
    • By Pringle114 17th Apr 19, 12:43 PM
    • 25 Posts
    • 7 Thanks
    Pringle114
    Note also on the LBC the amount that they have stated that you owe. Does it mention specifically 60.00 for debt collector's fees? That is a scam as they have not paid debt collectors who work on a no- collection no fee basis. It's abuse of process. The pre-action protocol specifically states that the Claimant should not inflate the debt with costs.

    Excel are inflating the debt with costs that don't even exist. They will quote case in their WS to justify this. The case is totally irrelevant as it relates to a signed contract and monies that were actually paid.
    Originally posted by Snakes Belly
    Just checked and it specifically states:

    Debt collectiin costs if 60 have now been added ti the debt.

    .
    • Snakes Belly
    • By Snakes Belly 17th Apr 19, 1:27 PM
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    Snakes Belly
    Hang onto that letter for your witness statement. The letters that you have received from the debt collectors I am assuming are from DRP and Zenith (same company). On their website they specifically state that they operate on a no collection, no fee basis. Excel have inflated the claim buy 60.00 for an amount that they have not had to pay,

    Take a copy of DRP's website showing that they do not take fees if they do not collect the claim. When you prepare your WS refer to this and their statement in their LBC. This is abuse of the process and a judge could strike out the claim.

    Nolite te bast--des carborundorum.
    • Snakes Belly
    • By Snakes Belly 17th Apr 19, 1:48 PM
    • 487 Posts
    • 606 Thanks
    Snakes Belly
    https://www.debtrecoveryplus.co.uk/pcn-collection/

    Take a copy of this because I think that they have removed it from their main page.

    Nolite te bast--des carborundorum.
    • Pringle114
    • By Pringle114 17th Apr 19, 2:39 PM
    • 25 Posts
    • 7 Thanks
    Pringle114
    Hang onto that letter for your witness statement. The letters that you have received from the debt collectors I am assuming are from DRP and Zenith (same company). On their website they specifically state that they operate on a no collection, no fee basis. Excel have inflated the claim buy 60.00 for an amount that they have not had to pay,

    Take a copy of DRP's website showing that they do not take fees if they do not collect the claim. When you prepare your WS refer to this and their statement in their LBC. This is abuse of the process and a judge could strike out the claim.
    Originally posted by Snakes Belly
    The letter that said this had no mention of these companies on it. In fact it has no mention of any debt collection companies at all. The only logo or company mentioned on this any ketter is of Excel.
    • Snakes Belly
    • By Snakes Belly 17th Apr 19, 2:53 PM
    • 487 Posts
    • 606 Thanks
    Snakes Belly
    The letter that said this had no mention of these companies on it. In fact it has no mention of any debt collection companies at all. The only logo or company mentioned on this any ketter is of Excel.
    Originally posted by Pringle114
    Have you received any letters from these companies? The usual process after the appeal stages is that the PPC places the claim with collection agents and in the case of Excel they use DRP and Zenith (same company). The collection agents if they do not collect any money will refer the claim back to the PPC who will then probably take legal proceedings which will start with a LBC. The LBC will come from Excel (the PPC) and as the collection agents have not been successful they will not receive a commission. Excel are still adding this on even though they have not paid any commission to an agent.

    Nolite te bast--des carborundorum.
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