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    • claretmad62
    • By claretmad62 29th Jan 17, 6:45 PM
    • 120Posts
    • 91Thanks
    claretmad62
    Excel BW again
    • #1
    • 29th Jan 17, 6:45 PM
    Excel BW again 29th Jan 17 at 6:45 PM
    Hi to all

    Spent quite a bit of time reading others threads, finding it all a big learning curve.


    State of play, Excel along with BW currently chasing my wife for a PCN from early 2012 (pre PoFA) On her behalf I have been corresponding with BW and at the moment we are 20 days into County Court sending our initial defence to the claimant. Been on with the WS, as it's over 5 years ago we've not got a clue who was driving....quite a few people have used my wife's car historically. There seems to be different views on what should be in the WS, and what we should take to the hearing as our court bundle. As it's pretty PoFA, what do you think our plan of defence/ attack should be


    Cheers
Page 5
    • beamerguy
    • By beamerguy 2nd Mar 17, 7:15 PM
    • 5,079 Posts
    • 6,310 Thanks
    beamerguy
    Just home, got BW DQ'S...asking for mediation assume that's the norm. Just looked on MCOL site, not showing DQ'S received from defendant but received from Claimant. I sent it on Saturday, anything to be concerned about ?
    Originally posted by claretmad62
    Most on here will say no to mediation
    Mediators appear to have a huge lack of knowledge in parking cases
    and it will not be a fair hearing for you.

    Parking companies and their oddball legals try this on and if you read between the lines, they do not want to spend money when they probably know they will lose anyway

    You want this heard in front of a real judge not some nobody

    Phone the court about your DQ first thing tomorrow
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • claretmad62
    • By claretmad62 2nd Mar 17, 8:26 PM
    • 120 Posts
    • 91 Thanks
    claretmad62
    Ok will do. Just nipped into work to scan docs. Didn't know whether to email thru tonight.


    Thanks for prompt reply
    • claretmad62
    • By claretmad62 3rd Mar 17, 11:10 AM
    • 120 Posts
    • 91 Thanks
    claretmad62
    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 !
    • beamerguy
    • By beamerguy 3rd Mar 17, 11:29 AM
    • 5,079 Posts
    • 6,310 Thanks
    beamerguy
    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 !
    Originally posted by claretmad62
    Good, you are now set to go
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • claretmad62
    • By claretmad62 16th Mar 17, 6:13 PM
    • 120 Posts
    • 91 Thanks
    claretmad62
    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
    Last edited by claretmad62; 16-03-2017 at 6:37 PM.
    • beamerguy
    • By beamerguy 16th Mar 17, 7:01 PM
    • 5,079 Posts
    • 6,310 Thanks
    beamerguy
    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
    Originally posted by claretmad62
    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 ???
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • claretmad62
    • By claretmad62 16th Mar 17, 7:09 PM
    • 120 Posts
    • 91 Thanks
    claretmad62
    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 ?
    • Lamilad
    • By Lamilad 16th Mar 17, 7:21 PM
    • 588 Posts
    • 1,214 Thanks
    Lamilad
    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
    Originally posted by claretmad62
    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.

    am I going to be able to defend myself adequatley off the back of that with my WS & SA.
    Originally posted by claretmad62
    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
    • By beamerguy 16th Mar 17, 7:25 PM
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    • 6,310 Thanks
    beamerguy
    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 ?
    Originally posted by claretmad62
    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
    Last edited by beamerguy; 16-03-2017 at 7:34 PM.
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • beamerguy
    • By beamerguy 16th Mar 17, 7:29 PM
    • 5,079 Posts
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    beamerguy
    I agree with lamilad who beat these scammers twice.

    You can claim costs when you win so ensure these are presented to the judge
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • claretmad62
    • By claretmad62 16th Mar 17, 7:39 PM
    • 120 Posts
    • 91 Thanks
    claretmad62
    https://www.dropbox.com/s/min5moq8fkgh4yu/Gmail%20-%2020170316_192406_001-1.pdf?dl=0

    Thought I'd put the letter up.

    Cheers
    Last edited by claretmad62; 17-03-2017 at 1:07 PM.
    • beamerguy
    • By beamerguy 16th Mar 17, 7:49 PM
    • 5,079 Posts
    • 6,310 Thanks
    beamerguy
    Seems that Judge Wright is getting ready to whoop Excel and the incompetent BWLegal

    Enjoy
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • claretmad62
    • By claretmad62 16th Mar 17, 8:01 PM
    • 120 Posts
    • 91 Thanks
    claretmad62
    I can't tell you all how much your input is appreciated, it can be all consuming as many of you no doubt know...so thank you all very much. Not done yet and another one following on, but hey ho onward and upward.

    Cheers
    • Coupon-mad
    • By Coupon-mad 16th Mar 17, 8:35 PM
    • 45,820 Posts
    • 58,805 Thanks
    Coupon-mad
    You need to thank Lamilad for setting the Judges on the right track at Skipton for you, in advance!
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • claretmad62
    • By claretmad62 16th Mar 17, 9:37 PM
    • 120 Posts
    • 91 Thanks
    claretmad62
    Yes couldn't agree more CM....and long may it continue...Skipton the graveyard for Excel. Well done LL ��
    • Lamilad
    • By Lamilad 16th Mar 17, 9:54 PM
    • 588 Posts
    • 1,214 Thanks
    Lamilad
    Yes couldn't agree more CM....and long may it continue...Skipton the graveyard for Excel. Well done LL ��
    Originally posted by claretmad62
    I'm not done with Excel yet
    • claretmad62
    • By claretmad62 4th Apr 17, 4:49 PM
    • 120 Posts
    • 91 Thanks
    claretmad62
    Quick update, a week beyond the date given to BW to supply further particulars to their claim & heard nothing from them or Skipton CC...really hoping its gone but wont hold my breath!
    • Umkomaas
    • By Umkomaas 4th Apr 17, 4:53 PM
    • 12,641 Posts
    • 19,436 Thanks
    Umkomaas
    Quick update, a week beyond the date given to BW to supply further particulars to their claim & heard nothing from them or Skipton CC...really hoping its gone but wont hold my breath!
    Originally posted by claretmad62
    Have you complained to the court?
    NEWBIES - wise up - DO NOT IGNORE A PARKING CHARGE NOTICE - you have been warned!

    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.

    Please note: I am NOT involved in any 'paid for' appeals service.
    • Lamilad
    • By Lamilad 4th Apr 17, 5:43 PM
    • 588 Posts
    • 1,214 Thanks
    Lamilad
    Quick update, a week beyond the date given to BW to supply further particulars to their claim & heard nothing from them or Skipton CC...really hoping its gone but wont hold my breath!
    Originally posted by claretmad62
    I would email the court (tonight), with your claim no in the subject line, and point this out to them. Say something along the lines of

    "As the claimant has failed to respond the directions as ordered by District Judge Wright on [DATE]. Please could the court confirm that this case will now be struck out as having no prospect off success and on account of the claimant's unreasonable behaviour?"

    Then ring the court tomorrow to check they received it and to request (politely) that they deal with it urgently due to the time sensitive nature of the case.

    Skipton Court:
    Email: skipton.cty.cm@hmcts.gsi.gov.uk,
    Tel: 01756 692650
    • Lamilad
    • By Lamilad 4th Apr 17, 5:45 PM
    • 588 Posts
    • 1,214 Thanks
    Lamilad
    Might also be worth putting "FAO: Judge Wright" alongside your claim no in the subject line. To make sure it gets passed to her and not one of the other judges. I imagined she'll be none too pleased about her order being ignored.

    Also attach a copy of the original order to the email for reference
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