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  • FIRST POST
    • mowkid
    • By mowkid 19th Sep 16, 12:59 PM
    • 78Posts
    • 120Thanks
    mowkid
    Excel/bw chasing my wifes carer
    • #1
    • 19th Sep 16, 12:59 PM
    Excel/bw chasing my wifes carer 19th Sep 16 at 12:59 PM
    On 8th June 2011 a lady who is a carer for my wife received a PCN from Excel. Following the prevailing advice at the time she sent a letter to Excel telling them that they needed to establish who was the driver
    Evetually it went to Rossendale and in 2015 she received a notification intimating that they had handed the claim back to Excel.
    On the 25 July this year it all started up again with a letter from bwlegal.
    Foolishly perhaps I offered to help her as best I could with letter/emails etc as she has no access to a computer or experience of same.
    She has received all the standard letters from bwlegal to which I have written replies for her using advice and tips from this forum. They have come up eith the usual stuff, claiming the £54 fee, Elliot V Loake and so on.
    I have sent a complsint to the SRA using tips from this forum but no offical reply yet. She did 'phone them this morning to get a state of play and the said sometime tis week. At the same time she did slip in a question as to whether they had a number of complaints re bwlegal and they said no they hadn't. ( maybe that was a white lie to save confidentiality)
    She is now in panic mode because she has received a letter headed LETTER OF CLAIM giving her until 29/9/2016 to pay up and caliming that they have no response from her to their letter of 25th July when in fact they refer to one of them in a letter dated 24th August. This latest letter contains a table of costs totalling£272.15 they claim she would be made to pay if the matter whent to County Court

    This is the latest. Hope if got it on in useable form bieng a bit of a computer dummy.

    Dear Madam
    LETTER OF CLAIM
    Our Client: Excel Parking Services Ltd Parking Charge Nonee (PCN): Camera
    Account Number: ~ 1 Date of Contravention: 8June 2011
    Vehicle Registration: 0 i Balance Due: £154.00
    Contravention Description: Parked for longer than maximum period permitted.
    Contravention Locatiou:~ @ J raaAnpr Charging Scbeme Std tU ~
    Further to our letter dated 25 July 2016 where we requested that you either pay the Balance in full or provide your
    detailed grounds for disputing the PCN, by 10 August 2016, we are yet to receive payment andlor a response to our
    letter.
    Please pay the Balance by 29 September 20 I6 to prevent legal action from being taken. For the avoidance of doubt
    tbe Balance relates to the £100.00 parking charge and £54.00 for our client's initial legal fees, which were detailed
    in the car park terms and conditions.
    County Court Proceedings
    As we have previously brought to your attention, in the event County Court proceedings are issued, we will be
    seeking recovery of not only the Balance but our client's court fees, further solicitor's costs and statutory interest
    which are estimated to be the following:
    ..
    [Principal Debt + Initial Legal Costs £154.00
    Estimated Interest £42.15
    Estimated Court Fees £25.00
    Estimated Solicitors Costs £50.00
    EstimatedTotaJ £2'iLlS::
    We also wish to bring to your attention the case of Parking Eye Limited v Beavis [2015] UKSC 67 in which the
    Supreme Court held that parking charges serve a legitimate commercial interest and are neither extravagant nor
    unconscionable. This case eliminates the main defence that you may have should the matter go to Court and this
    case will be relied upon, by onr-olieat, in any County Court proceedings.
    You should also note that if your claim has already been processed through an Independent Appeal Service ("!AS")
    and an !AS has dismissed your appeal, then it is likely that a County Court will come to a similar conclusion and
    your defence will be unsuccessful.
    If our client successfully obtains a County Court Judgment ("CCJ") against you (which is likely), then a CCJ will
    be recorded on your credit file for 6 years unless you satisfy the CCJ in full within a month of the CCJ being
    entered. A CCJ on your credit file may .affectyour ability to obtain future credit and may affect your employability.
    If you fail to comply with the CCJ order we reserve the right to take one of the following enforcement actions to
    recover this debt:
    • Warrant of Control: A County Court Bailiff visiting you at your home,
    • Attachment of Earnings: Your employer may be ordered to deduct payments from your wages.
    • Order to Attend Court For Questioning: You being ordered to attend Court to disclose your fmancial
    circumstances.
    In allowing you the opportunity to make representations and/or pay the Balance before proceedings being
    issued, our Client has complied with the guidelines under the Independent Parking Committee Code of Practice
    (lithe Code") and its obligations under the Civil Procedure Rules ("CPR"). All previous correspondence in this
    matter will be brought to the attention of the Court should this point be raised.
    What You Need To Do Now
    To avoid proceedings being commenced and the above additional fees, costs and estimated interest being incurred,
    __ ..._ we !equest you pay J:.heBalance by 29 September ~O16~
    .-
    We have attached to this letter (once again) our "How to make payment" document, which details the ways in
    which you can pay the Balance. In the event we do not receive payment of the Balance by 29 September 2016, we
    place you on notice that we will commence legal proceedings for the recovery of the Balance without further
    notice.
    If you are unable to pay the Balance immediately, please Call us today on 0113 323 4479 to discuss this matter
    with one of our helpful team. Our team can set up an affordable payment arrangement for you that matches your
    current financial circumstances.
    Yours faithfully
    #j iR-fj'CN{
    BWLegal
Page 4
    • mowkid
    • By mowkid 15th Jan 17, 11:14 PM
    • 78 Posts
    • 120 Thanks
    mowkid
    So all in all it's just a backside covering operation for solicitors. All the self styled professions have one.
    Wouldn't be at all surprised if there's not some public money funding it.
    Seems to have been a waste of nervous energy complaining to them.
    So where does the honest citizen go to get these injustices outlawed? MP's are useless and disinterested as I found out, the PM ditto, the supreme court feels that the PPC's are reasonable. Are well, I suppose it is rip off Britain.
    • Coupon-mad
    • By Coupon-mad 15th Jan 17, 11:17 PM
    • 50,723 Posts
    • 64,127 Thanks
    Coupon-mad
    Yep...Marcus Jones at the DCLG is someone to contact, and your MP if you have not already.

    Marcus Jones keeps telling the House that he is 'still considering' action re private parking firms so make it easier for him!
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • mowkid
    • By mowkid 16th Jan 17, 8:04 AM
    • 78 Posts
    • 120 Thanks
    mowkid
    I did that already but all I got was a quick note from a secretary to say that hye was considering it.
    In other words it was another laugh and tear up incident.
    He's just as useless as the rest.
    • mowkid
    • By mowkid 1st Feb 17, 10:48 PM
    • 78 Posts
    • 120 Thanks
    mowkid
    No contact from bwlegal since I asked them for signed witnessed pictures of the signage in 2011.
    I have however been following the ASDA/Fleetwood saga with interest. I checked three car parks for planning permission on the Local Authority website and can't find a single one going back to 2005.
    I thought planning might be my fallback point if they come again with more demands
    There is a particularly nasty example here where Smart Parking have set up on a car park that was previously free after six pm and on Sundays. It adjoins a council one which still has the free periods and there are driveways in between the two.
    Unless you are in the know it is easy to fall foul of Smart and get a PCN, as another of my wifes carers has done. She is a nice Polish lady who didn't know the Smart area was different terms.
    I have had a look at the site and I notice that there are ANPR cameras now on a wall. I read somewhere that there is a maximum size for these cameras but can't remember where.
    I've got my area councilor looking into the planning permission bit.
    • mowkid
    • By mowkid 5th Apr 17, 10:31 PM
    • 78 Posts
    • 120 Thanks
    mowkid
    Because I was unable to find any Planning Applications for signage for any of three car parks in my town invluding the one above, I sent a letter under the Fof I act to my local council asking amongst other things why they had allowed the signs to bo erscted without permission.
    Surprise surprise by some miraculous coincidence Smart Parking put in an application dated 15 days after my letter.
    I have been having a tusstle with the local authority as to why they don't demand that Smart remove the signs until permission is granted. They say that this can't be done as it would be construed as pre-judging the application.
    I have quoted the Fleetwood Asda case to them but they have demanded more cases of councils requiring removal or covering of signs.
    I was determined to strike this small blow on Smart but I fear I'm on the way to losing now unless somone can come up with a few examples of illegal sign removal or some other angle I can use..
    Anybody on the forum got an angle for me please.
    • Coupon-mad
    • By Coupon-mad 5th Apr 17, 10:40 PM
    • 50,723 Posts
    • 64,127 Thanks
    Coupon-mad
    No-one loses v Smart. Nothing to worry about, not litigious at all, at the time of typing this reply.

    Is it appealed by the keeper and awaiting a POPLA code, or is it getting silly DRPlus letters and the Gladstones letter heading drivel discussed/ignored almost every day?
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Lamilad
    • By Lamilad 6th Apr 17, 1:26 AM
    • 1,042 Posts
    • 2,077 Thanks
    Lamilad
    I was determined to strike this small blow on Smart but I fear I'm on the way to losing now unless somone can come up with a few examples of illegal sign removal or some other angle I can use..
    Anybody on the forum got an angle for me please.
    Mowkid, your thread is becoming convoluted. I thought your case involved Excel/ BW Legal so I'm confused as to why you are now talking about Smart Parking?

    If this is a separate case please start a new thread.
    • The Deep
    • By The Deep 6th Apr 17, 9:14 AM
    • 7,174 Posts
    • 6,228 Thanks
    The Deep
    MUI that OP is pursuing all PPCs in his/her area with undeclared signs, Smart being one of them.
    You never know how far you can go until you go too far.
    • mowkid
    • By mowkid 7th Apr 17, 10:52 PM
    • 78 Posts
    • 120 Thanks
    mowkid
    Lamilad you are right. Excel was one of the PPC's and Smart another that I was writing to my local authority about.. I actually asked them about all the parks in my town as I couldn't find any applications on the council web site.
    Haven't heard anything for months now re my Care lady's case but i was using the boy scout maxim of be prepared just in case i needed another string to my bow in the defence.
    It's just tthat the application by Smart came up after I wrote.

    Deep, Sorry I may be a bit dim here but MUI? and OP?
    • Umkomaas
    • By Umkomaas 8th Apr 17, 10:22 AM
    • 14,977 Posts
    • 23,520 Thanks
    Umkomaas
    Deep, Sorry I may be a bit dim here but MUI? and OP?
    In case Deep is out soaking up the Costa Blanca sun:

    MUI - My Understanding Is

    OP - Original Post or Poster. (Surprised you didn't know this one, it's used in virtually every thread on here)
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • The Deep
    • By The Deep 8th Apr 17, 10:55 AM
    • 7,174 Posts
    • 6,228 Thanks
    The Deep
    Soon Umko, but as yet still too cold to swim. Once I am there I shall be ROTFLMAO.
    Last edited by The Deep; 08-04-2017 at 10:58 AM.
    You never know how far you can go until you go too far.
    • Umkomaas
    • By Umkomaas 8th Apr 17, 3:17 PM
    • 14,977 Posts
    • 23,520 Thanks
    Umkomaas
    Soon Umko, but as yet still too cold to swim. Once I am there I shall be ROTFLMAO.
    Originally posted by The Deep
    The Indian Ocean is starting to cool now as Autumn heads in and winds rattle up from Antarctica.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • mowkid
    • By mowkid 9th Apr 17, 2:51 PM
    • 78 Posts
    • 120 Thanks
    mowkid
    lamilad
    I started a new thread as you suggested. Hoping I can pick up some more ammo to put to my local council
    • mowkid
    • By mowkid 8th Jun 17, 3:45 PM
    • 78 Posts
    • 120 Thanks
    mowkid
    The date of this alleged infringement was 8th June 2011. Thanks to tips and guidance from the great people on this site I have managed to keep Bw/Excel at bay. We have not heard from them since October 2016 when I demanded authenticated proof of the signage existing on 08/06/2011. This was because Excel vacated that park some time ago and current signs are not theirs.
    Can we now assume that they cannot procede further or is there some legal gimmick they can use to get around the six tear rule.?
    Thanks to all contributors for the help and advice.
    • Redx
    • By Redx 8th Jun 17, 4:16 PM
    • 16,110 Posts
    • 20,175 Thanks
    Redx
    I would wait longer as the alleged debt never goes away, but it seems that you are past the 6 year statute for court claims , so its looking good
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • hoohoo
    • By hoohoo 8th Jun 17, 4:47 PM
    • 1,673 Posts
    • 3,097 Thanks
    hoohoo
    The clock starts ticking when you failed to pay. So if the PCN arrived after 20 days and gives 14 days to pay, then the expiry date is parking date + 20 + 14
    Dedicated to driving up standards in parking
    • Umkomaas
    • By Umkomaas 8th Jun 17, 5:26 PM
    • 14,977 Posts
    • 23,520 Thanks
    Umkomaas
    I think there was a statute barred case that they tried to push a little while ago (memory fails me on detail). Whether they did this knowingly or through their own incompetence is not known!

    Expect anything from this lot, then you're not disappointed if it comes!
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • Fruitcake
    • By Fruitcake 8th Jun 17, 5:41 PM
    • 40,419 Posts
    • 80,737 Thanks
    Fruitcake
    I can't remember the exact words, but the six years is actually six years plus "a bit" if proceedings have already started, or some similar legal flannel.

    At some point it will however become statute barred, but I don't know how you will actually know. It can't however go on for too long, especially if the scammers and their cohorts have been quiet for many months.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • Grimble
    • By Grimble 9th Jun 17, 12:45 PM
    • 391 Posts
    • 473 Thanks
    Grimble
    I asked this question on legal beagles and was told it was from date of incident as that was when the alleged contract was entered into.
    • hoohoo
    • By hoohoo 9th Jun 17, 4:23 PM
    • 1,673 Posts
    • 3,097 Thanks
    hoohoo
    I asked this question on legal beagles and was told it was from date of incident as that was when the alleged contract was entered into.
    Originally posted by Grimble

    https://www.nationaldebtline.org/EW/factsheets/Pages/time-limits-for-recovering-debts/statute-barred-debt.aspx?gclid=CM-G4MaIsdQCFVU_GwodixcOEA

    The cause of action (when the limitation period starts running) for simple contract debts, is usually when your agreement says the creditor is able to take court action because you have fallen behind with payments. This will usually be after one or two missed payments.
    Dedicated to driving up standards in parking
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