BW Legal - PCN

Minnie15

Hi there

I am new to the forum and looking for a little advice. Sorry if this is the wrong place for this post.

In June 2015 I received a PCN from Excel parking for parking without a valid ticket at a retail park in Stockport. I was not the driver, my partner was and when I asked him about it he said he had parked to get a KFC (I know!) on the way home to Leeds. He said he was unaware that parking there was chargeable which is why he didn't pay. He was there for 45 minutes, the car park charge is £1.30 for 0-3 hours. The original PCN was for £60.

At that time I took advice from several people as well as looking from some forums and ignored the later. Since then there have been several follow up letters from various debt collection companies with the latest being from BW Legal dated April 2016. Unfortunately I have not kept any of the previous correspondence which I probably should have done though at the time everyone reassured me the letters would get increasingly threatening and then would go away.

The letters are addressed to me as the registered keeper of the car holding me liable. I did actually move away from the address where the letters were being sent in August 2015 but as my parents still live at the previous address they are forwarding me the letters. The car is now registered to my new address.

I would like to know if possible whether I should continue to ignore these letters being received to my parents' house?

The most recent letter is for £154 + £54 for Excel's initial legal fees. It says 'Excel now requires full payment of the Balance within 10 days from the date of this letter, this date being, 22/04/2016, failing which Excel has instructed us to commence County Court proceedings against you for recovery of the Balance.'

They also quote the case of ParkingEye Limited v Beavis (2015) which I believe was the case last year when the parking company won where they usually have not done. They continue to say 'This case eliminates the main defence that you will have should the matter go to Court and will be relied upon, by Excel, in any County Court proceedings.'

Do you think I need to take any action?

As mentioned, I have now moved house so the only reason I am still getting these letters is because my parents who still live there send them on. I am however starting to get phone calls to my mobile. As BW Legal are Leeds based, as am I, I answered the phone once and it was a recorded message basically telling me to call them. I have since blocked the number but continue to get a message in my voicemail almost daily.

Any advice would be much appreciated!

Thanks :-)

Redx

please put BW LEGAL into the forum search box and read the advice given to the other dozen or so members with similar cases

Workworkingworked

Hi I'm in exactly that same situation ! Same car park, same driver dispute and i have also moved and blocked their number! Can't find the threads the reply you got is talking about please can you let me know what the advice is and how your case is going ? Thanks

Workworkingworked

Hey sorry to pester you but I am in exactly the same situation as above. I am aware the law changed recently but I'm not clued up enough to know what this means for my situation. What can the do if I have moved house and blocked their number? I actually moved before I even received the original parking company "ticket". Help much appreciated 😁

:A

The_Deep

Hot off the press,


http://parking-prankster.blogspot.co.uk/search?updated-min=2016-01-01T00:00:00-08:00&updated-max=2017-01-01T00:00:00-08:00&max-results=50


plus lots of reading here

https://www.google.co.uk/search?sourceid=navclient&hl=en-GB&ie=UTF-8&rlz=1T4GGLS_en-GBGB547GB548&q=parking+prankster+excel

BobJameson

BW Legal can't know what your defence is, until you file it. For them to suggest that a single case (Beavis) will destroy the main line of your defence is not only false, but it is a Lawyer attempting to mislead a Layman as to the law, which is both a breach of their code of ethics, and unreasonable conduct if the court is made aware of it.

So make the court aware of it in your defence. :T

Workworkingworked

Thanks that's good to know . But can they find out our new addresses legally? Should I warn the people that live at my old address?

Fruitcake

Workworkingworked wrote: »

Thanks that's good to know . But can they find out our new addresses legally? Should I warn the people that live at my old address?

You should start your own thread. The answers here are solely for the benefit of the original poster.

Please read the Sticky thread for NEWBIES, especially the court related links, then start your own thread.

Workworkingworked

Sorry thought it would be better here as if you read my first reply I joined this thread as this lady is in EXACTLY the same situation as me. I don't know how to navigate the website that well is there a link?
Thanks

The_Deep

WWW, in this day and age anyone can find out anything about anyone, even what highly respected actors like to put in their Kyber passes, stop worrying about it.

hoohoo

Hi Minnie,
In 2015, Excel decided not to use the keeper liability provisions of the protection of freedomm act 2012.

You should write to BW Legal,

Dear BW Legal,

I confirm I was the keeper of the vehicle, but was not the driver for the incident you describe. As Excel do not use keeper liability, I am not liable. I suggest you pursue the driver instead. Any further communications, other than to confirm you will not be pursuing me for this charge will be treated as harassment.

Under the data protection laws I also require you to destroy all information regarding myself and this incident. Please confirm you have done this within 14 days or I reserve the right to file a complaint with both the ICO and DVLA.


Excel