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    • Mahone1302
    • By Mahone1302 10th Jun 16, 5:55 PM
    • 50Posts
    • 60Thanks
    Excel & BW Legal
    • #1
    • 10th Jun 16, 5:55 PM
    Excel & BW Legal 10th Jun 16 at 5:55 PM
    A few days ago I started a thread about Parking Eye. This one is still on going however I did mention during that thread another ticket I had received, from Excel. This one had gone quiet but has now come back and I need advice on what to do here.

    Back in November my car was parked in an Excel P&D car park. A ticket was bought and displayed for 2 hours parking however however this was overstayed by approx 15 minutes. A PCN/NtD from Excel Parking was left on the windscreen

    Due to personal issues of the driver, the ticket got lost among a load of paperwork and completely forgotten about.

    It wasn't until early March when I picked up some letters from an old address (where I had lived until the beginning of November, and would have been the RK address at the time) that I opened two up from 'Rossendales Collect' dated at the beginning and middle of February. The first one talked about how 'since our last letter' I hadn't made arrangements to pay, and the second stating if I didn't pay up the debt would be returned to Excel. I did a bit of research and noted two things:

    1) For Excel to hold me liable as keeper, they'd need to serve an NtK within 56 days (I think?) of the parking event. No NtK had been received.
    2) The advice was to ignore debt collectors.

    At the time I was obviously way out of appeals time anyway, and as I hadn't received an NtK I wasn't too concerned as I didn't think Excel would be able to ultimately hold me liable and didn't feel it necessary to inform them that I had moved house. Unfortunately a few days ago I picked up some more letters, one of which was an NtK from Excel dated 10/12/2015; and thus within the 56 days from the parking event. This must have got lost and not passed on immediately.

    I picked up some more letters today and one was from BW Legal. It is dated 06/06/16 states "FINAL NOTICE". It begins by stating that further to their letter on 06/05/16 the balance of 154 hadn't been paid.. I haven't received any such letter however recent history has taught more that this doesn't mean it wasn't sent.

    I've done a bit of research on this forum and what appears to be the most important bit of this letter is the bit that states:

    "Our client now requires full payment of the Balance within 10 days from the date of this letter, this date being 16 June 2016, failing which our client has instructed us to commence County Court proceedings against you........"

    Would this be a Letter Before Court?

    If so, what is my next step? I'm aware that I've damaged by chances of beating this ticket by not appealing within the relevant times etc, however am I right in thinking that even if it did go to court (which I understand can be a lottery) and I did lose, the amount I'd be ordered to pay wouldn't be much more than the 154 I'm currently being asked for anyway? I'm aware that should I lose at court then I won't get a CCJ until I fail to pay what I'm ordered to pay.

    I'll be popping to the car park tomorrow with a view to looking at signage etc for defence in court. Any other advice?
Page 2
    • Coupon-mad
    • By Coupon-mad 24th Sep 16, 10:54 PM
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    Add this to your SRA and CSA complaint. They are taking the mickey, this has got to be exposed.

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Castle
    • By Castle 24th Sep 16, 11:26 PM
    • 1,000 Posts
    • 1,209 Thanks
    Also send a complaint to the ICO for breach of the 4th principle of the 1998 Data Protection Act:-
    "4. Personal data shall be accurate and, where necessary, kept up to date."
    • yotmon
    • By yotmon 24th Sep 16, 11:52 PM
    • 318 Posts
    • 398 Thanks
    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?
    Originally posted by Mahone1302
    That's strange. These 2 letters posted in the same envelope from Excel/BWLegal are normally the first letter(s) you receive. I think you have totally confused BW, to such an extent that they haven't got a clue what they have or haven't sent you. Basically they don't know their !!!!! from their elbow
    • Mahone1302
    • By Mahone1302 29th Sep 16, 8:33 PM
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    Unfortunately I've not yet got around to replying to BW Legal nor complaining to the SRA, I've been far too busy. Are there are template letters out there for an SRA complaint? Save me writing from scratch.
    • Coupon-mad
    • By Coupon-mad 29th Sep 16, 9:42 PM
    • 39,337 Posts
    • 50,898 Thanks
    LoveNorfolk's thread on here has one posted by pappa golf in August. It was written by a legally qualified person who has knowledge of the private parking scam of PPC World. You are welcome to plagiarise and adapt it.

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Mahone1302
    • By Mahone1302 9th Oct 16, 7:43 PM
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    • 60 Thanks
    They've clearly cocked up somewhere... today I've received a 'Final Notice' that was addressed to my old address dated 27th September 2016. It appears they're cycling through their letter chain again, after seemingly giving up on me? It's an exact copy of a letter which they sent me back in June - also to my old address, though admittedly at this time they were unaware that I had moved.

    I'm on a late shift on Tuesday, so I'll be sending several emails out.. One to them, one to the SRA, and some others..
    • Coupon-mad
    • By Coupon-mad 9th Oct 16, 8:40 PM
    • 39,337 Posts
    • 50,898 Thanks
    Hmmm...we've seen them muck this up before like you describe.

    Do make a strong complaint to Mrs May and your MP as well as the SRA and CSA.

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Mahone1302
    • By Mahone1302 18th Oct 16, 12:07 PM
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    • 60 Thanks
    Well I wrote back to BW Legal last Wednesday (as below). Still heard nothing yet. Is it sad that I actually get quite excited when I find one of their letters in my postbox? I do enjoy reading their rubbish and tearing it with my response later on.

    Unfortunately I've not had time to do the SRA/CSA/ICO complaints just yet.

    Dear Sir/Madam,

    I write in response to your letters dated 1xxxx, 2xxxx and 3xxxx.

    On 1xxxx you wrote to me asking only if I could confirm the full name and address of the driver of my vehicle at the time of the alleged contravention. Please note that I am under no obligation to provide you with this information, and it is down to your client to identify the driver themselves. Your client had the option to hold me liable as keeper under the Protection of Freedoms Act 2012, but failed to issue a Notice to Keeper in line with the legislation, and as such has absolutely no lawful basis upon which to pursue me for this alleged contravention.

    On 2xxx you wrote to me informing me that you had been instructed by Excel Parking Services. This is somewhat bizarre considering I have been in correspondence with yourselves since xx June 2016. This letter appears to be a template copy of your initial letter sent to people following instruction by Excel. I suggest that some sort of error has occurred on your system. Furthermore this letter was sent to my old address despite you being informed of my current address several months ago.

    On xxxx3 you wrote to me a 'Final Notice.' Again this is somewhat bizarre considering your sent me a final notice identical to this one, on xx June 2016. Again this was sent to my old address. It appears that you have restarted sending me your sequence of debt collection letters, despite me previously informing you of the following:

    - I have no liability for this 'balance'
    - Your client has failed to meet the requirements of the Protection of Freedoms Act 2012 and as such their claim is against the driver of the vehicle.
    - Elliot v Loake is irrelevant and does not apply in this case.
    - There is no reasonable assumption in law that the registered keeper was the driver.
    - Excel nor yourselves have any legal basis to hold me responsible for this 'balance'
    - If you believe that such a basis does exist, I wish to be informed of this.
    - In the absence of such a basis, I require Excel and yourselves to cease processing my data as required by Section 10 of the Data Protection Act (Please note: as this requirement has been ignored, your breach will be reported to the ICO)

    Furthermore a complaint to the Solicitor Regulation Authority is now being put together due to your misleading claims surrounding various case law, attempts to claim for legal costs that the Civil Procedure Rules do not allow for, and failure to adhere to the DPA.

    As previously stated, your clients claim is against the driver. Unless you or your client can demonstrate a lawful basis upon which to hold me liable, I expect no further correspondence from yourselves.

    • The Deep
    • By The Deep 18th Oct 16, 1:43 PM
    • 5,357 Posts
    • 3,962 Thanks
    The Deep
    Keep up the good work, it costs them money.

    They will probably come back with Elliott v Loake, are you familiar with it. it has no relevance to Contract Law.

    Do not delay your complaint to the SRA.
    You never know how far you can go until you go too far.
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