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Me and Excel - At war!

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  • Umkomaas
    Umkomaas Posts: 41,357 Forumite
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    Complain to the ICO about their intransigence.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    Lamilad wrote: »
    Update on this: My case has been assigned the court I requested. It will be heard in mid November. Whats interesting is that my first case, which is BW Legal on behalf of Excel will be held at the same court on the same day immediately before this one. Don't know if that's a good thing or not. I'm worried if I lose my first case I may as well not bother sticking around for this.

    Excel have responded to my SAR but have returned my cheque and said I didn't make the request properly - even though I used the BMPA template. They want to know specifically what information I want... but I want know everything they have on me. They have also said they will only accept my request if I make it using the form they have sent me but I don't see why I should fill in their form when my request was perfectly valid. I think they're stalling and will continue to deflect my request until it's less than 40 days til the hearing!

    Excel clearly cannot read. Your SAR is a request for information and they have a time limit to respond. OH YES, they are stalling and you should now complain to the Information Commissioner stating the same. They are talking rubbish about filling out their own form.
    Excel seem to talk rubbish at the best of times.

    I am certain you told them what information you require and by law they must comply.

    Sounds to me that Excel do not want to tell you their flaws

    If you have a concern about an organisation's information rights practices, report it to us.

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  • Castle
    Castle Posts: 4,200 Forumite
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    beamerguy wrote: »
    I am certain you told them what information you require and by law they must comply.
    They have 40 days to reply; failure to do so is a breach of the 1998 DPA, (6th principle), for which damages can be claimed under section 13 of the 1998 DPA.

    If the 40 days deadline has gone you need to submit a complaint to the ICO
  • Coupon-mad
    Coupon-mad Posts: 131,747 Forumite
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    Lamilad wrote: »
    Update on this: My case has been assigned the court I requested. It will be heard in mid November. Whats interesting is that my first case, which is BW Legal on behalf of Excel will be held at the same court on the same day immediately before this one. Don't know if that's a good thing or not. I'm worried if I lose my first case I may as well not bother sticking around for this.

    Excel have responded to my SAR but have returned my cheque and said I didn't make the request properly - even though I used the BMPA template. They want to know specifically what information I want... but I want know everything they have on me. They have also said they will only accept my request if I make it using the form they have sent me but I don't see why I should fill in their form when my request was perfectly valid. I think they're stalling and will continue to deflect my request until it's less than 40 days til the hearing!

    This sort of automated claim by BW Legal is the sort of thing to complain to Theresa May and Sir Oliver Heald about this week, strike while the iron is hot and spell out what is rotten about this new scam of roboclaims by parking firms (it's like clamping is back but instead of cars, it's now even worse, ''credit clamping'' by parking sharks against people who weren't even driving/are not liable):

    http://forums.moneysavingexpert.com/showthread.php?p=71302094#post71302094

    Whether you win or not, why not now stick the boot in with your MP and the Government while the subject is in their minds.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Lamilad
    Lamilad Posts: 1,412 Forumite
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    Hi Everyone, I have now recived the court bundle from Excel. It is a large file split into 9 sections as follows:

    1. Claim form and POC
    2. Defence
    3. WS of Anita Dile
    4. Exhibit AD1 - Copy partial lease agreement
    5. Exhibit AD2 - Contravention photos, PCNs, NTKs, & notice of intended court proceedings.
    6. Exhibit AD3 - Site overhead and site photos
    7. Exhibit AD4 - Elliot vs Loake [1983] Crim LR
    8. Exhibit AD5 - Vine vs Waltham Forest LBC [2002] 1 WLR
    9. Exhibit AD5 - Thornton vs Shoe Lane Parking Ltd [1971] 2 QB

    COURT NOTICES.

    I am currently working on my WS and I need to send my bundle of on Tuesday. Any advice, as always, greatly appreciated. I understand Elliot vs Loake is easy to defend against.

    I'll post their responses to my defence points below. I'd like to counter the responses with powerful replies. There's also still the issue discussed in #26 about the DQ and related letter being in the name of VCS... There's no reference to that in the bundle.
  • Grimble
    Grimble Posts: 455 Forumite
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    You point out that EvL was a criminal case which relied on Police statements and forensic evidence.
    No partial contract or redacted, full contract or nothing.
    Ask that they produce the advertising consent and renewals for the signs as it is a criminal offence under section 30 of the Town & Country Planning Act 2007 not to have these, not just a statement of truth.
  • Lamilad
    Lamilad Posts: 1,412 Forumite
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    Ok I've not quite mastered photobucket but I think this is the link to the WS pages which I've uploaded. They won't be in any kind of order I'm afraid but there are page numbers at the bottom of each page. If the link doesn't work please could someone let me know. Thanks

    http://s1249.photobucket.com/user/lamilad/...ita%20Dile%20WS
  • Lamilad
    Lamilad Posts: 1,412 Forumite
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    The lease agreement between the landholder and Excel

    http://s1249.photobucket.com/user/lamilad/...slideshow/Lease
  • Coupon-mad
    Coupon-mad Posts: 131,747 Forumite
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    edited 29 October 2016 at 10:15PM
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    That works, we will have a read. Make sure in your defence exhibits you include a printout of Schedule 4 as well as a printout of barrister and Lead Adjudicator (THE parking law expert in the appeal industry) Henry Greenslade's words from the POPLA Annual Report 2015 about 'keeper liability' ONLY being possible under the POFA alone (he even said that no parking operator should suggest otherwise).

    I expect BW Legal's template WS to look like this one in this case:

    http://forums.pepipoo.com/index.php?showtopic=105762

    the above is this one as blogged last week:

    http://parking-prankster.blogspot.co.uk/2016/10/excel-advocate-reduced-to-tears-as.html

    and this one (although this case is different as he had to set aside a CCJ first, the thread is useful for you, as it still shows much of their own WS as well as BW Legal's rubbish version):

    http://forums.moneysavingexpert.com/showthread.php?t=5544358

    Those two threads should help you to see how to set your response out.

    This is also your chance to see if your local Court Judge might see what you mean here and decide to strike the claim out even now. Make sure you deliver the WS and exhibit bundle IN TIME for your deadline (deliver by hand to the Court if Tuesday is the deadline, and email BW Legal and Excel a full copy and post one to BW Legal too).

    Ask nicely at the end of your WS if the presiding Judge could review the fairness of an unrepresented consumer who was not driving the vehicle, being forced to attend court to defend a matter that is incoherently pleaded and lacking any basis to the claim, since Excel's representatives admit that they have not bothered to evoke the POFA 2012 Schedule 4 (being the only statute under which they could have held a keeper liable for a private parking charge).
    I find it strange that they can bring a claim against me without actually referring to anything specific - just a range of dates - it doesn't even say how many PCNs they're talking about. I am the RK of the vehicle but not the driver.

    We agree. Tell the Judge in your WS! No need to dress this point up in legalese.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Lamilad
    Lamilad Posts: 1,412 Forumite
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    Elliot vs Loake as Excel have included it in the bundle

    http://s1249.photobucket.com/user/lamilad/...ot%20vs%20Loake
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