Excel PCN from 2013, new letter from BW Legal- help!

LoveNorfolk · 6 July 2016 at 7:00PM

Hi everyone, I posted back in 2013 about a PCN received on the car I am registered keeper for, which I (possibly stupidly) ignored as info was changing but majority was still to ignore. I spoke to really helpful people on this forum who said as I had ignored, there not much else I could do except wait and see whether I had a court letter. Well after Roxburghe, Debt Recovery Plus and Graham White, nothing has been sent since Nov 2013.

However, today I received a letter from BW Legal and from what I can gather from the web a lot of people have recently received these. Now I'm still sticking to my guns and not paying, for many reasons, mainly that they said the car was parked firstly causing an obstruction (on PCN itself), then that it was parked in a restricted area of the car park. The driver said there was plenty of room in a gravelled area to park which were not marked by bays, but didn't think where they parked wasn't a space or they'd have parked elsewhere. There were no markings/idication to say parking was not allowed there. Secondly, they took photos of the area and the signs are above head height and there is small print (unclear as it is on the photos) that would be very difficult to read.

I have searched round the forum and cannot decide if I should reply to this letter robustly denying the charge or wait to see if it gets taken to court. My only concern is that I am away for 2 weeks shortly and don't want to miss anything that may get sent about court.

Any help gratefully received. I have attached the NTK (I read somewhere if sent before 29 days/after 56 days of ticket on car no keeper liability can be formed? It was sent 65 days (inc weekends), which is 35 working days. And also the latest letter from Excel/BW Legal.

Since the original letters I have married so they are in my maiden name from them purchasing from the DVLA, the letter from BW Legal doesn't even have a surname on!

Excel%201st%20letter_zpshn5gralg.jpg

arthurx1234 · 6 July 2016 at 7:21PM

OK DONT PANIC
reading other forums BW Legal must have got a van load of details of people who have refused to pay and are now sending out these nasty letters.

I am sure the experts here will guide you to the newbies section and I think with these guys DO NOT IGNORE BUT RESPOND ROBUSTLY.

Wait for more answers to your post you are in good hands, do not part with any cash

Arthur

LoveNorfolk · 6 July 2016 at 7:45PM

Cheers Arthur, I'm not one for rolling over and paying up, but want to try and do it right from now on!:)

Coupon-mad · 6 July 2016 at 9:02PM

This is the same as every other BW Legal thread with that same letter, so read several threads like yours, even more than you have done so far. Unfortunately Excel cases DO sometimes end up with court papers recently but fortunately, a registered keeper cannot be held liable by their notice to keeper.

I have searched round the forum and cannot decide if I should reply to this letter robustly denying the charge or wait to see if it gets taken to court. My only concern is that I am away for 2 weeks shortly and don't want to miss anything that may get sent about court.

With Excel, I would say DO REPLY to BW Legal. Several examples can be found on pepipoo forum, usually written by Gan or hoohoo, on any BW Legal thread you read there that is not yet at court stage (most of them):

http://forums.pepipoo.com/index.php?showforum=60

Being away for 2 weeks will just about be OK because if a court claim arrives you have 2 weeks to acknowledge it (then defend). If there is someone in your household who could open such a letter and email you a scan of it, you could even bung in an acknowledgement (NO DEFENCE WORDING AT FIRST!) online on MCOL while you are away, then come back to talk defence wording.

HTH

LoveNorfolk · 6 July 2016 at 9:04PM

Managed to find a close up of part of a sign from the car park, Excel were the centre of a big scandal of issuing invoices as their machines were incorrectly printing the tickets. It states what PCN's will be given for, but there is no way of knowing if you are contravening their "T&C's" as it doesn't say what they class as an obstruction, car was parked up to a fence, or what a restricted area is, there were no markings on floor/nearby/signs saying no parking.

"Scandal" can be seen here: http://www.derbyshiretimes.co.uk/news/special-investigation-company-apologises-after-drivers-wrongly-hit-with-parking-fines-in-chesterfield-1-7830120

LoveNorfolk · 6 July 2016 at 9:05PM

Coupon-mad wrote: »

This is the same as every other BW Legal thread with that same letter, so read several threads like yours, even more than you have done so far. Unfortunately Excel cases DO sometimes end up with court papers recently but fortunately, a registered keeper cannot be held liable by their notice to keeper.

With Excel, I would say DO REPLY to BW Legal. Several examples can be found on pepipoo forum, usually written by Gan or hoohoo, on any BW Legal thread you read there that is not yet at court stage (most of them):

http://forums.pepipoo.com/index.php?showforum=60

HTH

Thank you so much, will go and have a look at those in more depth.

LoveNorfolk · 6 July 2016 at 9:21PM

Should I just put my first and middle name as they used missing out my new surname and just squiggle a signature?

Coupon-mad · 6 July 2016 at 10:11PM

LoveNorfolk wrote: »

Should I just put my first and middle name as they used missing out my new surname and just squiggle a signature?

Yep, you could do that.

BTW - don't rush this, I would expect a person to take 2 or 3 days first to read the zillions of other threads on here and on pepipoo.

Search 'BW LEGAL £54' as a Google search as well, takes you straight to threads on both forums talking about the added £54 and showing example responses.

LoveNorfolk · 6 July 2016 at 10:12PM

Someone will be calling into ours whilst away, but it will be hard to sort as we will have no internet access, we might be able to find a library or something.

How is this for a letter to send, adapted from those you recommended. I have taken non relevent bits out, shold I mention the Parking Eye as it's Excel?

[FONT=Arial, sans-serif]Dear BW Legal,

The debt is denied. The amount charged bears no relation to the parking fee which was paid in full by the driver.[/FONT]

[FONT=Arial, sans-serif]In addition to this, the signs displayed in the car park outlined by Excel were approximately 8 feet off the ground with extremely small writing not allowing the terms and conditions to be read fully by the driver. The alleged contravention states that the vehicle was parked in a restricted area. There was no indication within the signage what area, if any, was restricted, there were no markings within the car park to allow the driver to differentiate between an area where parking may or not be allowed.

Your debt collection costs of £54 are not appropriate and the amount is also excessive. I refer you to ParkingEye v Somerfield where debt collection costs of £60 were found to probably be a penalty by HHJ Heggarty.

Yours faithfully,[/FONT]

LoveNorfolk · 6 July 2016 at 10:16PM

Also does the NTK have to arrive in working days as I could add that on, it arrived on 65th day including weekends.

LoveNorfolk · 6 July 2016 at 10:19PM

Also what if I added this to it:
[FONT=Arial, sans-serif]I feel it embarrassing to have to point out to you as a legal company that the notice to keeper issued by Excel cannot hold a registered keeper as liable as you well know.[/FONT]

Excel PCN from 2013, new letter from BW Legal- help!

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