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Excel & BW Legal
Comments
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They need to be put right on Elliott v Loake. Report them to the SRA for trying to obtain monies by deceit.
https://www.sra.org.uk/home/home.pageYou never know how far you can go until you go too far.0 -
I wonder if it is worth asking BW Legal to confirm whether or not they/Excel are relying on POFA2012 to hold me liable?
No need. Excel categorically do NOT use POFA wording and the NTKs merely say they assume the keeper was the driver unless told otherwise.
All very shoddy and shaky with no backing of any applicable law!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Just an update on this. I replied a couple of weeks ago to BW Legal, with a particularly scathing email:I write in response to your letter dated xxxxxxxx, attached to which was a letter dated xxxxxxxx, which was sent by yourselves to an incorrect address despite you having been informed of the correct address.
As I have previously informed you I maintain no responsibility for this 'balance'. Your client, Excel, have written to me as the registered keeper of a vehicle, of which they allege that on xxxxxxxx, the driver of that vehicle breached the terms and conditions of one of their car parks. Excel have failed to meet the requirements of the Protection of Freedoms Act 2012, and as such have no legal basis upon which they can hold me, the registered keeper, liable for this 'balance.' As I can not legally be held liable for this balance, I require BW Legal & Excel to cease processing my data. Please take this as a Section 10 Notice under the Data Protection Act.
In your letter you brought my attention to 'Elliot v Loake.' I am indeed acutely aware of this criminal case, whereby the registered keeper was presumed to also be the driver due to overwhelming evidence, including forensic evidence. I do not however see how this is relevant to a breach of parking conditions on Excel's car park. Should there be forensic evidence that as yet I have not been made privy too, I look forward to seeing this. Should it not be forthcoming then I will inform the Solicitors Regulation Authority that you are wrongly citing criminal case law in relation to a completely unrelated and dissimilar civil matter.
It should not be for an unrepresented member of the public such as my self, to point out to a professional law firm that they are trying to pursue a debt without the necessary legal basis to do so. Should BW Legal or Excel continue to pursue me for this 'balance' then I require an explicit and clear reason as to what legal basis exists to hold me responsible.
Should my request under S.10 DPA not be fulfilled, I will report you to the ICO.
It should also not be necessary that I, as a consumer, must remind you that your £54 legal charges cannot be recovered in the Small Claims Court. They are not my concern and I refer you to CPR 27.14.
Should you continue to pursue me for a 'balance' without legal basis, I will report you to the Solicitors Regulation Authority.
Regards
Yesterday I received a response:We refer to your email dated xxxxxxxx
We would be grateful if you could confirm the full name and address of the driver of the vehicle at the time of the contrvention in order that we may advise our client accordingly
We look forward to hearing from you
Is this them rolling over and admitting defeat? Or are they just refuse to enter in to any more correspondence with me? Either way I'm tempted to simply reply with....I refer to your letter dated xxxxxxx
No.
However if by some miracle this matter did go to court, it not look very good on me!0 -
Mahone1302 wrote: »Just an update on this. I replied a couple of weeks ago to BW Legal, with a particularly scathing email:
Yesterday I received a response:
Is this them rolling over and admitting defeat? Or are they just refuse to enter in to any more correspondence with me? Either way I'm tempted to simply reply with....
However if by some miracle this matter did go to court, it not look very good on me!
SCAM TRAP ALERT ????
"We would be grateful if you could confirm the full name and address of the driver of the vehicle at the time of the contrvention in order that we may advise our client accordingly"
Go straight to the SRA as they have ignored your letter.
Let the SRA know of the letter giving you false information especially trying to scare the public with "'Elliot v Loake.'
You gave BWLegal a chance to come clean .... they ignored it
Your reply could well be
"Your reply has not answered my questions and therefore as you appear to
be avoiding this serious issue, I will now pass this to the SRA"0 -
Bizarrely I've been handed a letter today, that got sent to my old address, and it's from Excel / BW.
The front page is a letter from Excel explaining that my account has been passed to their legal team. The rear page is a letter from BW explaining that they have been instructed by Excel etc, seems to be their stock first letter. Same reference no and PCN no as the previous letters.
Oddly enough this is the letter I never received as part of the chain before. What on earth are they playing at?0 -
So were all other letters sent to your old address except this one? Is it an old date or a recent date?PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Most of the letters were sent to my old address until I informed them of my new address back in June. Despite this they sent one to my old address in July which didn't get passed on to me, although I was aware of it's existence. I informed them once again of my new address (and that I have no access to post sent to my old address) and they sent the next few to my new address, until this one... Which is dated only a couple of days ago.0
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Wow, dated a couple of days ago but sent to the old address. I would respond and ask them what they are playing at.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Very bizarre. The last letter they sent me before that (dated only a couple of days prior) came across as if they had given up pursuing me. Now it's as if the whole thing has reset itself?0
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Add this to your SRA and CSA complaint. They are taking the mickey, this has got to be exposed.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 THREAD0
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