Excel PCN - Jan 2015 - BW Legal letter

[partypetie]

Hi all,

 

I received an PCN form the "Excel" parking company back in Jan 2015

after seeking advice on numerous forums (including this one),

the overriding advice was, "ignore them".

"If you reply, you're only giving them something to hold on to".

 

 

I have ignored all of the BS letters from them and any other debt collecting agency they have passed it onto,

 

 

have now been presented with the next level of intimidation, which is a letter from a genuine solicitors called BW Legal (see attachment).

 

I have, again, done some research on these forums and the general opinion of "ignore them" (for people in the earlier stages of correspondence) seems to have changed to

- contact the retailer, parking company and appeal etc - however I think I may be past that stage. The BW Legal letter is quite concerning, however something

 

 

tells me that it is still another empty threat and after reading many of the replies to similar threads it seems that many others are of the same opinion when they say that this is just a new 'angle' for these companies to take and that I should continue to ignore them until I am actually served a court summons.

 

Any advice is very much appreciated.

 

Thanks

Pete W

[Sidewinder]

Any chance of a more detailed timeline?

 

Ticket attached to windscreen or ANPR charge notice posted to the registered keeper? When did the registered keeper receive the charge?

[partypetie]

It was a sticky PCN on the windscreen. The Excel / DCA letters have arrived periodically (every 2-3 months) sine Jan 2015, however I'm afraid I do not have the first letter as the missus binned it!

[armadillo71]

Hi all,

 

I received an PCN form the "Excel" parking company back in Jan 2015

after seeking advice on numerous forums (including this one),

the overriding advice was, "ignore them".

"If you reply, you're only giving them something to hold on to".

 

 

I have ignored all of the BS letters from them and any other debt collecting agency they have passed it onto,

 

 

have now been presented with the next level of intimidation, which is a letter from a genuine solicitors called BW Legal (see attachment).

 

I have, again, done some research on these forums and the general opinion of "ignore them" (for people in the earlier stages of correspondence) seems to have changed to

- contact the retailer, parking company and appeal etc - however I think I may be past that stage. The BW Legal letter is quite concerning, however something

 

 

tells me that it is still another empty threat and after reading many of the replies to similar threads it seems that many others are of the same opinion when they say that this is just a new 'angle' for these companies to take and that I should continue to ignore them until I am actually served a court summons.

 

Any advice is very much appreciated.

 

Thanks

Pete W

 

How is this letter any different to the other debt collector letters you have received? As BW Legal are acting as a debt collector here , then ignore them.

 

Excel/VCS do not follow, or even claim to use schedule 4 of the POFA 2012, so there can be no keeper liability. Only the driver could be possibly liable for the charge.

[ericsbrother]

several firms of solicitors act as debt collectors for the parking industry,

BW, Miah's Gladstones, Wright Hassal are the commonest.

 

 

It is just another threatogram but if you get another letter headed letter before action

or letter before claim then you should respond just so they know that you arent burying your head in the sand

but just despise them.

 

Now, to generate a suitable response we will need to know about the event,

where it was,

what the claim was for (overstay, not parked correctly that sort of thing)

and when the paperwork arrived.

 

 

It is appreciated that most of this has been binned so we will have to go

with the where and what sort of signage there is in place there.

That is usually enough anyway.

[partypetie]

It was a non-display. It was actually my wife. She was 10 mins.

 

I have attached images of two of the signs. One of them says you will be issued a penalty if you exceed 15 mins.

 

So am I right in thinking that I should ignore them until a get a Letter Before Action. The letter I attached on my original post seems to be nothing more than a threat.....

[dx100uk]

penalty

hope it doesn't say that.

 

 

bit blurred

could you PDF those please

so's we can zoom

we need to see the small print

[silverfox1961]

Hi,

In my opinion, the signage is rubbish. The excess charge should be prominent, not halfway down the first sign and hidden at the bottom of the second sign. As it is a core term, this should be highlighted as part of the main conditions.

 

The Peel Centre is at the centre of a small controversy as there are many areas within the car park where signage is non existent. The Prankster has a blog about this:

 

http://parking-prankster.blogspot.co.uk/2016/02/wright-hassall-prove-their-incompetence.html

[ericsbrother]

It has been found by a court that the signage at the Peel centre is obscure,

confusing and contradictory so not a lot to worry about.

 

 

Also they have the BPA logo on them when Excel havent been a member of the BPA for a while

so signage non-compliant in that respect.

As it fails on one matter then it fails on all.

 

 

Parking co's have to allow at least a 10 mins grace period to allow you to find a space and consider the contract offered,

pay at the machine etc so they wont like to argue how their system is better than the industry standard.

 

Excel undoubtedly failed to comply with the notice ot keeper as well so it is a shame it was binned.

 

What to do next?

Up to you but I would ignore this letter and if you get a lba then fire off a response

pointing out all of the flaws touched upon and ask for "strict proof" of a breach of contract.

 

 

Unless they can produce CCTV footage of the car being there more than 15 mins they are sunk.

If they can do that then they will have to explain whether that fits in with their permission

to store and process data so agin not somewhere they will want to go.

[themagician]

It was a non-display. It was actually my wife. She was 10 mins.

 

I have attached images of two of the signs. One of them says you will be issued a penalty if you exceed 15 mins.

 

So am I right in thinking that I should ignore them until a get a Letter Before Action. The letter I attached on my original post seems to be nothing more than a threat.....

read your pics and cannot see anywhere that says penalty on it??.

[partypetie]

"penalty" was the wrong choice of word by me. It actually says :

 

Parking Charge Notices will be issued for the following :

 

- Failure to purchase a valid pay and display ticket within 15 minutes of entry to the car park

 

The other bullet points on the sign are not relevant to my situation.

 

Thanks for everyone's advice. I'll ignore this one and only react to a LBA.