Excel PArking - PCN and Graham White NOtice of Intended Legal Action

[Conniff]

If they call again, remain calm, and organise a payment plan. The operator will help you face up to your financial responsibilities.

 

One from the other side perhaps?

[PPC $ cambuster]

If they call again, remain calm, and organise a payment plan. The operator will help you face up to your financial responsibilities.

 

Pathetic PPC Troll, whats up ? business so bad now that we are wise to the [problem] that you can`t afford to go out on a Saturday night ??

[mightymouse_69]

I have a feeling that the occurrences of Trolling will increase when clamping is outlawed next year.

 

We should have a thread containing some advice and the watchdog clip that we can link people too, in response to a troll's post....

[Al27]

Wayne just hasn't learnt has he?

 

If you want to troll mate, use your loaf. You're STILL incapable of posting stuff that sounds realistic.

[Conniff]

Wayne just hasn't learnt has he?

 

He's not called Wayne surely - no one is called Wayne ........ but then again

[Al27]

It's the same guy with a different username each time.

 

My favourite one so far is Wayne

[DBC]

It's the same guy with a different username each time.

 

My favourite one so far is Wayne

 

Over on MSE he called himself "Lurking Enforcer". How creepy is that?

[Al27]

Oh yeah, that was another one.

 

Creepy Voyeur Known To The Police might be the next one.

[hanley duck]

He's not called Wayne surely - no one is called Wayne ........ but then again

 

Perhaps he's a Wayne Kerr?

[DBC]

He lives in a parallel dimension called "Wayne's World". This is where all private parking tickets are all legitimate and have to be paid, debt collectors can batter your door down and take all your possessions, and you get locked up in prison if you park over the line in a supermarket car-park.

[neenor]

I just wanted to drop a note to say I recieved a letter from SObell & Graham White solicitors today.

 

I am not paying, will not pay and have a VERY good case if they do take me to court.

 

Has anyone ever just said "Great, take me to court, I'll have my counter claim ready for you when I get there from all the grief you caused over the last 6 months"?

 

Thanks for all the helpful advice by everyone above, I'll take your advice and hide myself in a corner until it goes away!!

[PPC $ cambuster]

All part of the $ cam ignore ignore ignore !!

[asmodeus]

 

I just wanted to drop a note to say I recieved a letter from SObell &

Graham White solicitors today.

 

I am not paying, will not pay and have a

VERY good case if they do take me to court.

 

Has anyone ever just said

"Great, take me to court, I'll have my counter claim ready for you when I get

there from all the grief you caused over the last 6 months"?

 

 

Yes I have asked them to take the issue to court during several GW (more likely the PPC in disguise)phonecalls and am bitterly disappointed that I am still waiting after over a year from the last phone call. Surely issuing court documents does not take this long

 

They rely on the threat of court to act as another way to scare you into paying an unjustifiable amount to them for nothing

 

Ignore as this is their last throw of the dice and it means the bunch of loosers is about to give up and look for someone else to intimidate

 

Get yer revenge on them by telling everyone you can how to combat this menace by ignoring all they send

[steve_n]

Feeling safe after 6 months . Today I got a phone call from "Graham White Solicitors". Refused to talk.

 

HOW did they get your phone number

[asmodeus]

How do they get a phone number - easily even if you think you are ex directory

 

How many times have you filled in forms and included you contact details.

 

In spite of the DPA you will end up on a database

 

1 PPC at least is using one of these as they picked up my details from it when all I had done was purchase a car for one of my kids. It has never been registered to me so the parking charge notice they sent to me as the 'RK' had a number of outright lies on it thus showing that these thieves have no scruples whatsoever. The IC were not interested in the PPC only the garage

 

GW (more likely the PPC in disguise) compounded the lie by saying they got my details from the DVLA when asked during a phone call

 

Ignore all they send

[neenor]

Arrghh they just keep calling, twice now in 2 weeks. Each time I tell them to take me to court. Now they have somehow changed the alleged offence from "not using the shops of the car park" to "parking in a restricted area of the car park".

 

When will they go away?

[Coupon]

Arrghh they just keep calling, twice now in 2 weeks. Each time I tell them to take me to court. Now they have somehow changed the alleged offence from "not using the shops of the car park" to "parking in a restricted area of the car park".

 

When will they go away?

 

 

 

When you tell them to. You need to tell them that any debt is denied and that their contact must STOP as it is harassment, a criminal offence, and you are going to report it.

 

Oh, and you are not being phoned by a firm of solicitors. You were called by ROXBURGHE. 'Graham White Solicitors' is a name that Roxburghe use - there is no active Solicitor involved here at all. And Roxburghe staff do phone up and pass themselves off as Graham White Solicitors as well, see this link which explains what Roxburghe do, pretending to be 'GW':

 

http://forums.pepipoo.com/index.php?showtopic=52809

 

And check out the Google results for a search of these words: 'PPC letters, what to expect' for a preview of other Final Notice letters they might waste their money on sending to you.

 

Next time they phone and say it's Graham White, reply something like 'oh, I know who you really are, you are a member of Roxburghe staff, it's well-known that you pass yourselves off as 'GW' for Graham White when phoning victims up. Right, let's be clear, the alleged debt is DENIED and your contact is now harassment, I have had enough. I will take legal action against you and report you to the Office of Fair Trading if you do not stop all contact right now. I know that complaints to the OfT are not new to Roxburghe as the OfT is already moving to revoke Roxburghe's consumer credit licence. About time too, I am afraid you are going to have to look for a real job matey!'.

 

Phone down. They should not contact you again as harassment is a criminal offence.

 

Sounds a little harsh but Roxburghe are shocking and really are currently under threat of OFT removal of their licence, their staff should be told!

[lamma]

Should have asked him how many of these actions they had brought that didn't get assigned to the small claims track Record the calls and send copies to the SRA, TS and the CSA.

[doggymad]

How has everyone been getting on? I've been ignoring them since December 2010, today however I received a call from Graham white, caught me off guard, got into a debate, eventually put the phone down as saying well take me to court them.

Eekk what do I do now??

[esmerobbo]

How has everyone been getting on? I've been ignoring them since December 2010, today however I received a call from Graham white, caught me off guard, got into a debate, eventually put the phone down as saying well take me to court them.

Eekk what do I do now??

 

Don't buy a suit, you wont get near a court with Mr Sobell!! Just the usual empty threats!

[jam.]

Hi, first off - apologies for bumping a thread - didn't want to start yet another about this..

 

Back in July, I received a PCN from Excel Parking for overstaying the mentioned time - I was actually working at the place whose carpark it was that day. God knows what they expect staff to do normally; move cars around the carpark every two hours?

 

Anyway, I had a chat with my boss and he said I'd have to send a letter of appeal to them as I was clearly working there at said time.

 

However after reading numerous threads on here and the way they deal with any correspondence I didn't bother, in the hope that they'd just get bored after a while.

 

I've now had three letters from Excel, and another, from Roxburghe Debt Collectors today - this time with a nice little paragraph;

We are fully aware of anecdotal evidence being presented via the internet and various websites and you may well feel this guidance is worth following. We strongly urge you to seek independent legal advice rather than rely on these opinions, and we would respectively suggest that you refer to the Civil Procedure Rules part 31, and more specifically parts 31.16 and 31.17.

uh oh! ha

 

Now, as usual I'm taking all this with a pinch of salt. But a couple of things; I was expecting a letter from Graham White after the Excel ones ('he' is mentioned in the letter though), the fee they are asking for has gone up dramatically to £142.00 (although, admittedly not exactly lottery winnings - but I'm not paying that for parking at work), also; I was determined to not give in and ignore all letters I got from them but theres something really ominous about DEBT COLLECTORS in big red writing at the top of a letter that's making me feel like a scared schoolgirl and pay up immediately just to end this boring cycle of letters. I think I know what your reaction to that will be..

 

One final point - is there anywhere I could see a list of all the letters that Excel/Roxburghe/Graham White send out and in what order? would be interesting to see where I am..

 

cheers

[honeybee13]

Hello there. You have nothing to worry about. Read a few more threads here about Roxburghe/Graham White if you don't belive me .

 

Debt collectors are just private citizens too, not to be confused with bailiffs. They're just trying to up the pressure until you crack and decide to pay them money.

 

There is a link that someone may post up for you with the 'threatogram letter chain', I'm not sure if it's specific to any of the people you mention, but you'll get the general idea.

 

My best, HB

[Conniff]

Hello jam and welcome to the forum.

 

I think you need to understand exactly what this parking is all about.

 

Here is a good summary from Wkipedia.

 

"Contract law works best when an agreement is performed, and recourse to the courts is never needed because each party knows her rights and duties.

However, where an unforeseen event renders an agreement very hard, or even impossible to perform, the courts typically will construe the parties to want to have released themselves from their obligations. It may also be that one party simply breaches a contract's terms.

If a contract is not substantially performed, then the innocent party is entitled to cease her own performance and sue for damages to put her in the position as if the contract were performed. She is under a duty to mitigate her losses and cannot claim for harm that was a remote consequence of the contractual breach, but remedies in English law are footed on the principle that full compensation for all losses, pecuniary or not, should be made good. In exceptional circumstances, the law goes further to require a wrongdoer to make restitution for their gains from breaching a contract, and may demand specific performance of the agreement rather than monetary compensation. It is also possible that a contract becomes voidable, because, depending on the specific type of contract, one party failed to make adequate disclosure or they made misrepresentations during negotiations. Unconscionable agreements can be escaped where a person was under duress or undue influence or their vulnerability was being exploited when they ostensibly agreed to a deal. Children, mentally incapacitated people and companies, whose representatives are acting wholly outside their authority, are protected against having agreements enforced against them where they lacked the real capacity to make a decision to enter an agreement. Some transactions are considered illegal, and are not enforced by courts because of a statute or on grounds of public policy. In theory, English law attempts to adhere to a principle that people should only be bound when they have given their informed and true consent to a contract."

 

My bold as those are the really important points of contract.

 

I have emphasised the part in red which say 'you cannot gain from a breach but only get what you would have if the contract was completed'. So if the parking was free, then the losses are nil and the damages are nothing.

Edited September 30, 2011 by Conniff

[jam.]

Bumping a bump..

 

 

Ok, so i just received a NOTICE OF INTENDED LITIGATION from Graham White (Finally! wondered when I'd hear from 'him!')

 

still ok - this part of the usual run of letters? so carry on ignoring as usual?

 

what are the chances of this, however slim, of being taken to County Court as the letter claims?

 

Yes, I know I sound paranoid - but I just want to be sure before carrying filing under ignore, before getting told to go to court for something as stupid as this.

 

 

Cheers.

[BASFORDLAD2]

More chances of seeing those flying pigs. You may however get a few phone calls. If you do then tell them you will only speak to a real solicitor. That will fox them