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Excel Parking PCN Stockport Peel Centre Car Park advice / support need it
Nidad
post Mon, 5 Feb 2018 - 23:07
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Hello PiPIPOO forum members,

I need your support or advice how to proceed regarding a PCN which I colleague received from EXCEL Parking at Peel Centre Car Park from Stockport Peel Shopping Center.

Event description:

On 18.11.2017 ( Saturday evening ) me and one of my work colleagues which was driving went around 17:20 to Stockport Peel Shopping Center using a rented car from Europe car to buy some groceries from Home Bargains shop. Because was dark the driver did not saw or did not notice the Play and Display signs. The driver thought that the parking is free for the customers of the shopping center and for this reason he did not checked for Pay and Display machines.We went to Home Bargains and after 30 minutes (18:00) we went back to the car and drove home . It is the first time when the driver used a car to do groceries in this Shopping center. Me I had come several times here but without a car.

Around 20.12.2017 I got a letter from Europe Car which is informing me that they will charge me from my credit card the amount of 40 pounds for admin fees regarding a traffic violation which was done by me during the time when I was renting the car from them. In this letter was also attached another paper which was a scanned copy of the PCN issued by Excel Parking to Europe Car company where it was requested the 100 pounds amount to be paid to them like PCN charge. The quality of the scan it is very bad quality and all the writing in small letters was not clear and could not read it. I have ignored this letter because I was expecting that Excel Parking will send me a letter where I had to mention who was driving the car and after to receive another letter with the PCN on my name. These letters was never received by me.

Question : It is normal that a rental company to provide my personal details to a third party company (private company) ?
From the usual rental agreement I know that they will provide my personal data only to proper Authorities and not third party companies when traffic violation are done. I think they are breaching my freedom and privacy and can put also my life in danger.

Today ( 05.02.2018) I received a letter from BW Legal (the company which is representing Excel parking) where they are asking me to pay in 16 days the amount of 160 pounds which is representing the PCN charge value and their client legal costs.
This is the result because I failed to make a payment or raise an appeal within 28 days from the date of the PCN. If I fail to make the payment or provide reason for non payment they will seek their client's instruction to commence legal proceedings against me in the form of a County Court Claim Form in the County Court .
I called today BW Legal and I told them the situation and I ask me to send me the PCN letter which I never got from them. The feedback from their side was that they will stop for the moment the process and will ask their client to send me the issued PCN to me.
I called Excel Parking and I spoke them regarding this situation and the extra fee for legal cost. They told me that this was transferred to the legal company and they cannot do nothing.


Conclusion : I think the requested amount is to big for the reported event. I think they proceed very unprofessional and they did not give me the chance to make and appeal or to discuss with Excel Parking before this issue to be transferred to the BW Legal. I do not think that is normal to request to me to support the legal costs. I think the way how this company is behaving is very abusive.

Questions : What do you think are the steps which I have to follow in order to make an appeal ?
Do you think it is possible for me to win this claim and revoke the PCN ?

This post has been edited by Fredd: Fri, 16 Feb 2018 - 13:27
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post Mon, 5 Feb 2018 - 23:07
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ostell
post Mon, 19 Feb 2018 - 12:55
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So they still haven't complied with the requirements of POFA 14 (2) (a). A single letter form the hire company is insufficient. 13 (2) (b) & © are missing. Have they got actual irrefutable proof that they actually sent that non compliant NTK/H on the date they say and not just printed a document to suit?

Far too late to correct now.

This post has been edited by ostell: Mon, 19 Feb 2018 - 12:55
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Nidad
post Mon, 19 Feb 2018 - 13:29
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@nosferatu1001 : I did not send them a letter yet to them to ask for for all the documents which they have to provide according with POFA paragraph 14. They replied only to my phone request when I asked more information about this issue when I got the first letter from them.
ostell: You are right . They did not provide all the documents required in POFA 14 (2) (a). They did not send a proof of sending a NTK on that day to my address. I think that they just printed a document to suit.
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nosferatu1001
post Mon, 19 Feb 2018 - 14:00
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So you hadn’t sent the doc you said you were sending?
How about you send that? Making necessary adjustments.
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Nidad
post Mon, 19 Feb 2018 - 14:16
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@Nosferatu : No I did not send yet that letter. I will send asap with the need it changes
To use the template which I posted or which I was advised by bearclaw?
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nosferatu1001
post Mon, 19 Feb 2018 - 15:25
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Not bear law, I’ve already told you that.
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SchoolRunMum
post Tue, 20 Feb 2018 - 00:10
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QUOTE (Nidad @ Mon, 19 Feb 2018 - 11:25) *
Hi Guys,

I got today this letter from BW legal where I receive : PCN letter on rental company name, letter with statement about my details from rental company, PCN issued on my name with the date of 21.12.2017 which I never received. What to do in this case ?
Download link of the letter : https://we.tl/l3NdCa6Qli


Compare that with what paragraph 13 and 14 of Schedule 4 says, and you will see what we are saying.

'No hirer liability'.
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