Excel Parking - Letter before referral for legal action

[mystery1]

Re: Excel Parking - Letter before referral for legal action

I have been told they do not need to provide the PCN until it goes to court and that they are under no legal obligation to keep sending evidence. And only when it goes to court will they provide all the time dated correspondence regardless to if I have received it.

You can't force them.

That said https://www.justice.gov.uk/courts/pr...l/rules/part01

Duty of the parties
1.3
The parties are required to help the court to further the overriding objective.


Court’s duty to manage cases
1.4
(1) The court must further the overriding objective by actively managing cases.
(2) Active case management includes –
(a) encouraging the parties to co-operate with each other in the conduct of the proceedings;
(b) identifying the issues at an early stage;
(c) deciding promptly which issues need full investigation and trial and accordingly disposing summarily of the others;
(d) deciding the order in which issues are to be resolved;
(e) encouraging the parties to use an alternative dispute resolution(GL)procedure if the court considers that appropriate and facilitating the use of such procedure;
(f) helping the parties to settle the whole or part of the case;
(g) fixing timetables or otherwise controlling the progress of the case;
(h) considering whether the likely benefits of taking a particular step justify the cost of taking it;
(i) dealing with as many aspects of the case as it can on the same occasion;
(j) dealing with the case without the parties needing to attend at court;
(k) making use of technology; and
(l) giving directions to ensure that the trial of a case proceeds quickly and efficiently.



I would remind them of the over riding objective and ask again for the PCN. All these attempts can be put in front of a judge who can make costs awards against them for being unreasonable.

M1

[physco1984]

Re: Excel Parking - Letter before referral for legal action

Thank you M1
When requesting the PCN again, should I include an outline of the conversation that took place yesterday over the phone with DRP?

T

[mystery1]

Re: Excel Parking - Letter before referral for legal action

Thank you M1
When requesting the PCN again, should I include an outline of the conversation that took place yesterday over the phone with DRP?

T

Any time you converse with an opponent by phone and legal action is underway or imminent, you should as a matter of course be sending a brief overview of what was said by email in case it's needed for evidence later on.

M1

[physco1984]

Re: Excel Parking - Letter before referral for legal action

Morning M1,

I have just received this email back via DRP

Thank you for youremail regarding the above Parking Charge Notice (PCN).
The time to challenge the charge has now expired and therefore access to the Independent Appeals Service (if applicable) is no longer available.
However, in order to resolve this matter, I will offer the following comments as to why this PCN was correctly issued and is still payable.
My findings
The site in question is subject to terms and conditions, which are stated on signs throughout the area. Those signs state that drivers must clearly display a valid ticket for the site.
On the date in question, the vehicle was parked on the site but no valid ticket was clearly displayed and a PCN was correctly and legitimately issued as a result.
Please note that a PCN was sent to the vehicle’s registered address for notification purposes. If there has been a problem regarding the delivery of this document, this is a matter to raise with your postal service.
Under The Interpretations Act 1978:
Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.
What you need to do now
Please ensure that £160.00 is paid by 16/05/2017. Payment can be made online or by phone. Go to www.debtrecoveryplus.co.uk or phone 0208 234 6775. You can find full details of how to pay on the reverse of the letter(s) sent.
What will happen if you do not pay what you owe
If the amount is not paid by the date shown above, we will recommend to our client that court action be taken by them to recover the outstanding balance.
What if you do not agree
Although any correspondence that does not provide further evidence will be noted and retained, I cannot guarantee that we will reply to it.
Payment Methods
Online Payment: www.debtrecoveryplus.co.uk/pay
Telephone Payment: Ring 0208 234 6775
Bank Transfer: Quote your reference number to Debt Recovery Plus Ltd, Royal Bank Of Scotland, Sort Code 16-00-01, Account Number 20891316
Cheques/Postal Orders: Should be posted to the address below, made payable to Debt Recovery Plus Ltd. Please write your reference number on the back.
Kind Regards

I know you mentioned it wasn't a defence however under every payment machine it states the hours of operation is 8.30am-9pm. This is extremely misleading/

[mystery1]

Re: Excel Parking - Letter before referral for legal action

DRP are only a debt collector and will therefore only ever want money. I'd ignore them and see if they progress to BW Legal and start conversing with them if required.

M1

[physco1984]

Re: Excel Parking - Letter before referral for legal action

Thank you M1

[physco1984]

Re: Excel Parking - Letter before referral for legal action

Morning M1,

My parent have received another letter regarding the above.

the last letter I received they gave me until 16th may to pay the fine, which I didn't.

The latest letter received is telling me despite previous requests for payment I have either failed to respond to letters or settle the debt and now advise that unless full payment is received within the next 14 days they are instructed to report back to Excel with a recommendation to refer to their solicitor.

And should Excel be successful in issuing proceedings against me it may affect my ability to obtain credit in the future.

This letter is address to my first, middle and surname - whereas all other correspondence received is in my first name and middle name. Are they able to change after the fact?

So far they have refused to send me the PCN - I imagine the PCN would have been issued with my first and middle name like the originally correspondence, will this help me if it does proceed to court?

[ostell]

Re: Excel Parking - Letter before referral for legal action

Another ignore. If they refer back they will not get paid so it is against there interest to do so.

[physco1984]

Re: Excel Parking - Letter before referral for legal action

Thank you!

How about the name issue?

[mystery1]

Re: Excel Parking - Letter before referral for legal action

Has no bearing on anything, really.

M1

[physco1984]

Re: Excel Parking - Letter before referral for legal action

Thank you

[physco1984]

Re: Excel Parking - Letter before referral for legal action

Morning,
After the last letter I spoke to you about, I then received another giving me a further 2 weeks to pay, I didn't respond to this, and then yesterday my parents received yet another letter.

It basically says they gave me notice that my account would be placed on hold for a stipulated time, in order for me to make payment in full. As they have received no further communication from me or payment, this means they will now recommend the recovery team to commend the recovery process for the full amount.

They suggest I contact the office as soon as possible. They ended the letter if I do not contact or pay by 22.06.2017 it will be transferred to the legal team for consideration.

Prior to these letters I had a call from them asking me for payment and if I don't pay I will be going to court, when I explained what had happened the agent on the end said he would be doing the same thing in my position and good luck! I doubt this has relevance but I thought be mention it.

Do I contact them again or wait for another letter? I still haven't received the PCN, but I didn't ask again after they told me I wouldn't be getting it at all.

Thanks

[mystery1]

Re: Excel Parking - Letter before referral for legal action

You can either keep replying and building evidence of unreasonable behaviour on their part or await potential court papers.

M1