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Excel BW again

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  • claretmad62
    claretmad62 Posts: 190 Forumite
    First Anniversary
    Ok will do. Just nipped into work to scan docs. Didn't know whether to email thru tonight.


    Thanks for prompt reply
    cm62
  • claretmad62
    claretmad62 Posts: 190 Forumite
    First Anniversary
    Just a quick update, spoke to MCOL this morning. They seemed quite relaxed about the DQ issue, I suggested emailing a copy which he was happy with. He told me it wasn't a big issue not hitting the first date, they would write to her if DQ's not received and then be given another 10 days..so basically chill out he says !
    cm62
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    First Anniversary Photogenic Name Dropper First Post
    claretmad62 wrote: »
    Just a quick update, spoke to MCOL this morning. They seemed quite relaxed about the DQ issue, I suggested emailing a copy which he was happy with. He told me it wasn't a big issue not hitting the first date, they would write to her if DQ's not received and then be given another 10 days..so basically chill out he says !

    Good, you are now set to go
  • claretmad62
    claretmad62 Posts: 190 Forumite
    First Anniversary
    edited 16 March 2017 at 7:37PM
    Good evening all, quick update. Letter received last week advising on location of our court date (Skipton), followed by a letter today. Which says "IT IS ORDERED THAT the claimant shall by 4pm 29th March file and serve further particulars of claim setting out the basis upon which it claims the Defendant is liable for the parking charge notice and if on the basis that the Defendant is the registered keeper ( whether or not in the alternative) the basis upon which the claimant asserts liability is transfered to the defendant. Assume it's the norm, what is the next step/s after this. I also need to revisit my issue on my MCOL defence ( 2 liner) am I going to be able to defend myself adequatley off the back of that with my WS & SA.

    Thanks
    cm62
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    First Anniversary Photogenic Name Dropper First Post
    claretmad62 wrote: »
    Good evening all, quick update. Letter received last week advising on location of our court date (Skipton), followed by a letter today. Which says "IT IS ORDERED THAT the claimant shall by 4pm 29th March file and serve further particulars of claim setting out the basis upon which it claims the Defendant is liable for the parking charge notice and if on the basis that the Defendant is the registered keeper ( whether or not in the alternative) the basis upon which the claimant asserts liability is transfered to the defendant. Assume it's the norm, what is the next step/s after this. I also need to revisit my issue on my MCOL defence ( 2 liner) am I going to be able to defend myself adequatley off the back of that with my WS & SA.

    Thanks

    This is very hard hitting for Excel/BWLegal
    What more can BWLegal say ??

    The court is asking for positive proof which BWLegal will not be able to provide
    Given the evidence you have, I fail to see why a judge would not rule in your favour.

    It is possible that the court are aware of the Excel/BWLegal scam and want to see what rubbish they will come back with

    Given the normal BWLegal incompetence, they may even forget to respond to the court or after reading this thread they may attempt to contact you a day before offering a discount to pay, when you say no, they discontinue.

    THINK .... Why are the court asking this ???
  • claretmad62
    claretmad62 Posts: 190 Forumite
    First Anniversary
    I did wonder, the 1st letter states only the court location but no date. I searched other threads and saw no mention of said 2nd letter. There's a part of me who wants to write to BW and point out how they've cocked up the PCN value and what they've been putting in their letters..but assume I can't do that. So just sit back and wait then ?
    cm62
  • Lamilad
    Lamilad Posts: 1,412 Forumite
    First Anniversary Photogenic Name Dropper First Post
    claretmad62 wrote: »
    Good evening all, quick update. Letter received last week advising on location of our court date (Skipton), followed by a letter today. Which says "IT IS ORDERED THAT the claimant shall by 4pm 29th March file and serve further particulars of claim setting out the basis upon which it claims the Defendant is liable for the parking charge notice and if on the basis that the Defendant is the registered keeper ( whether or not in the alternative) the basis upon which the claimant asserts liability is transfered to the defendant. Assume it's the norm
    No, not the norm, in fact this is really interesting.... It seems the judges at skipton are getting so fed up with Excel chasing these misconceived cases where they don't know who the driver is and cannot use pofa to transfer liability, that they are now ordering them to show that they have some genuine reason in law to transfer liability. THEY DON'T! I'm guessing if they come back with the same pathetic EvL or AJH films cr*p then you could be looking at a strike out here! That could be a 'game changer' for any similar cases being heard at Skipton and elsewhere.
    claretmad62 wrote: »
    am I going to be able to defend myself adequatley off the back of that with my WS & SA.
    As above I think you could be looking at a strike out here. Or at the very least a dismissal during the judges 'preliminary points'. I will be following your case with great interest. I will be updating one of my own threads later which will explain why.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    First Anniversary Photogenic Name Dropper First Post
    edited 16 March 2017 at 8:34PM
    claretmad62 wrote: »
    I did wonder, the 1st letter states only the court location but no date. I searched other threads and saw no mention of said 2nd letter. There's a part of me who wants to write to BW and point out how they've cocked up the PCN value and what they've been putting in their letters..but assume I can't do that. So just sit back and wait then ?

    You will get a date.

    No point in telling BWLegal they have and will !!!! up, just let them do it, they have done it many times. The representives they use in court are wet behind the ears.
    It's about time and overdue that Excel sack BWLegal. ALTHOUGH, second thoughts Excel keep on using BWLegal..... you know it makes sense:rotfl::rotfl::rotfl:
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    First Anniversary Photogenic Name Dropper First Post
    I agree with lamilad who beat these scammers twice.

    You can claim costs when you win so ensure these are presented to the judge
  • claretmad62
    claretmad62 Posts: 190 Forumite
    First Anniversary
    edited 17 March 2017 at 2:07PM
    https://www.dropbox.com/s/min5moq8fkgh4yu/Gmail%20-%2020170316_192406_001-1.pdf?dl=0

    Thought I'd put the letter up.

    Cheers
    cm62
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