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Posted by: Holyc Fri, 15 Jun 2018 - 00:34
Post #1390663

[attachment=56002:20180615_014418.jpg]Hey all.

My. Mother received a letter about a ticket my missus got in our car. My mum is registered keeper so she received the letter.

Story is:

Missus went to Iceland to do shopping, had no change on her to went into Iceland to get some. Only 1 person serving on the tills and big queue. She waited for around 10 15 mins then got fed up and left to go to the other Iceland store.

We didn't buy anything as we couldn't pay for parking or get a trolley.

We later receive a letter saying we stayed for 20 mins without payment.

Fine was £100.

Sent an appeal stating the person who they sent the letter too was my mother and she was not driving they responded with give us the details of the driver otherwise you are liable.

We ignored this as we thought we didn't have to due to pofa and my mum not driving the car.

We now have a notice of intended court proceedings.

Where do I go from here? I don't mind going to court as I think the fine is unreasonable. It's £1 parking per hour.
Stayed for 20 mins so how do you get the figure of £100 for a fair fine.

Don't really want balliffs at my mums door either. Will upload the letters I have tomorrow daytime when I get them all.

Any help is appreciated.

Posted by: SchoolRunMum Fri, 15 Jun 2018 - 00:50
Post #1390666

That's not a relevant defence.

It is not a fine, either.

Your Mum is the rk but was not driving, so she does have the usual defence a rk has v Excel, that they can only hold a driver liable and she was not driving and is not going to - and has no obligation to - give a private parking firm the name of the driver, a family member who she wishes to protect from the intimidatory tactics of this notoriously predatory and greedy ex-clamper firm.

There's more than that a defendant can say, but it won't be you as defendant and the idea that the charge is 'excessive' has no legs.

At the moment your Mother only has a pre-court letter so search the forum for keywords to see other threads about that letter & how to reply.

Clue: that letter is not a compliant letter before claim and only gives 14 days to reply, which doesn't comply with the PAP for debt claims. read other threads exactly the same, talking about Excel, that letter only allowing 14 days, and the PAP. Look back a dozen or more pages on the forum and you will see other thread headings like yours.

Read them first. Saves us typing!

Posted by: ostell Fri, 15 Jun 2018 - 08:08
Post #1390689

Has your Mum still got the original Notice to keeper?

Posted by: MatchlessG80 Fri, 15 Jun 2018 - 14:17
Post #1390824

Excel and 'sister' company VCS are not strong on signs, so it probably would help to see them - for example, here's the entrance sign at our local Iceland parking managed by VCS

Posted by: Dave65 Fri, 15 Jun 2018 - 15:15
Post #1390852

PAP 30 days is what you should be given to reply.

Posted by: Holyc Thu, 5 Jul 2018 - 15:17
Post #1396326

Can i still do this at the moment? Got a new letter from DRP as they won't speak to me and my mums just had cancer OP



Will go get some pictures. There;s a big sign illegible if your in your car.



Yes she has.

Posted by: Redivi Thu, 5 Jul 2018 - 15:36
Post #1396350

Always ignore letters from DRP

Welcome them
As long as DRP has the account, Excel won't be taking court action

Posted by: Dave65 Fri, 6 Jul 2018 - 15:49
Post #1396563

" Got a new letter from DRP as they won't speak to me and my mums just had cancer OP"

Do NOT telephone these cretins, they will try to get information from you which you do not have to give.

Posted by: Holyc Wed, 11 Jul 2018 - 07:36
Post #1397812

Here is the original letter.

Just trying to get over the signage from the parking.
Emails playing up!

Posted by: ostell Wed, 11 Jul 2018 - 08:19
Post #1397825

That is a NTK that is non compliant with POFA. The notice is about 3 weeks after the date of the event and they are saying that the will hold the keeper liable on the assumption that they were driving so they know they were late. Event was 10 March, Notice date 4 April

So a letter, from your mum, to Excel

Sirs

Ref your letter 4th June re PCN xxxxxx

Any further action in this matter will be strongly defended. I, as the keeper, have no liability in this matter as the original Notice to Keeper received was dated 04/04/2018 for an event on the 10/03/2018. This timing, as you are well aware, failed to comply with the requirements prescribed in section 9 (4) of Schedule 4 of the Protection of Freedoms Act 2012. This being so then you are unable to transfer liability from the driver at the time to me.

I was not the driver on this occasion and I have no legal requirement to identify that person and will not be doing so. You are also aware that there can be no assumption in law that the registered keeper was driving, as you state in your NTK. If you intend to use Elliot v Loake to support your assumption may I remind you that this was a criminal case which was judged with the use of forensic evidence. If you have forensic evidence to support your hypothesis I would be very interested in receiving this.

Yours

Posted by: Holyc Wed, 11 Jul 2018 - 20:43
Post #1398050

Appreciate this, Going to send a letter tomorrow.

I work 52-60 hours a week and My mum is still recovering and have her treatment. Been a nightmare trying to research this and get it sorted as I dont want her stressed.