Excel Parking & BW Legal

Jess1

The CAB pointed me here as I am a victim of Excel Parking and BW Legal.

Last year I cut through their car park in Chorlton on my way to the garage to take my car for an MOT. I cut through again on my way home later in the afternoon after picking my car up. I never parked there and never have before. Their ccvtv camera has taken a snap shot of me driving in and later driving out on my way home and claim I had been parked there all day. I sent them a copy of my MOT certificate which has both the date and the time on it, but they claim to have not received it in time for the appeal. For a whole year I have been hounded by debt collection agencies and every time sent them a copy of my MOT as proof.. my car could not be in 2 places at the same time! Now BW Legal have started court proceedings, and I am at the Small Claims Track form process with an upcoming Small Claims Mediation Service. I have a letter from the garage owner who has confirmed on his letter headed paper that my car was in his garage and was MOT'd that day from morning until late afternoon.. during the time Excel claim it was in their car park.

What I don't understand is WHY are they perusing this when I have presented proof? Why do they think they have a chance of winning and getting over £200 out of me for simply cutting through their car park?! Can anyone give me advise on this as I have never been in this position before?

Herzlos

Because their entire business strategy relies on incompetence and bullying; they want you go get intimited into paying up.

So have you already confirmed it's a genuine court claim and acknowledged it? They've agreed to mediation?

You can point out at mediation that you have concrete proof that you weren't in the car park at the time (MOT reciept and garage statement, as well as photos showing your route). Your position should be that you pay them nothing, they drop everything or you'll request your costs back. They'll probably want you to pay £50 or so.

Then you get to argue it at court - have you submitted any sort of skeleton defence yet?

Jess1

I have sent them a copy of my MOT certificate to the court. I only got the mediation form from the court today so have to send that back to them tomorrow, so BW Legal and Excel haven't agreed yet... although I am assuming they will. The only 'defense' I have is my MOT certificate and letter from the garage owner, and if it wasn't for them I don't know how I would defend myself from these tyrants! This is nothing more than fraud, Excel are extorting money out of innocent people! I have seen a newspaper article that local residents have more than £5,000 in parking fines from Excel for parking in their own driveways... proof again how wrong their cctv is!

Redx

read though the thread you posted in and read the advice and links given

https://forums.moneysavingexpert.com/discussion/5295615

your initial skeleton (holding) defence will include various legal arguments so look at recent 2016 CEL and UKPC threads to see what those are and use as many arguments as possible

ie:-

no locus standii
poor signage
POFA 2012 issues
NTK failures

to name just a few

the full defence will come later down the track

Jess1

Thank you Coupon-Mad.. yes, I sent the court a copy of my MOT and they shared this with BW Legal. I thought that would be an end to this constant harassment, however I then got a letter saying they were perusing, now I have the mediation form which arrived today, which I have filled in and shall send back to the court tomorrow.

I am having a good read of everything you have recommended but I am also feeling very overwhelmed by all the info. I feel better that I have some support here as I have been feeling quite alone with it all. I will not drop the ball, no matter how much they continue bullying me, and win or loose I will NOT give up exposing them for the fraudsters that they are!

Jess1

Ah the CAB advised me to agree to the mediation and I have filled in the form as such now. They said it will look like I am being reasonable as opposed to the villains pursuing me.

I will take your advise and email Excel .. should I also cc BW Legal in the email too?

I can't thank everyone enough on this forum for the advise, support and encouragement!

Quentin

Take advice given by CM over any differing advice CAB gave you.

beamerguy

Jess1 .... of course it's fraud, it is an attempt to extort money from you.

I am totally sick to death of these scammers. You were double dipped by ANPR not CCTV

That means you entered the car park and the camera picked up. you left and later and returned via the car park. If Excel states you were there longer then they need to provide logs that you were in the car park park for that length of time.

BUT ..... you have a statement from the garage that your car was in the garage at the same time.

Proving without doubt that the ANPR system is at fault. All ANPR systems have a problem.

I am not a legal person but this forum has taught me a lot, I have always attacked companies who are at fault and won.
My main topic was with banks and with one bank, bailiffs were instructed to take away goods .... they paid up

Where do you live, In this case I am prepared to help you as long as everything you say is correct.

Excel and BW Legal are trying to scam you

PM me please so we can chat about this

Jess1

beamerguy... thank you. I am based in Manchester. There is an article in a well known newspaper about the Excel car park in Chorlton, apparently the local residents have received tickets from Excel in the region of £5,000 for parking in their own driveways and are fed up with the cctv camera! On the form I sent back to the court in defense I asked Excel to produce video evidence that I was parked up... because of course they can't as I never was parked up!

Coupon-Mad...I have filled in this mediation form now, so what do I do?

beamerguy

Jess1 wrote: »

beamerguy... thank you. I am based in Manchester. There is an article in a well known newspaper about the Excel car park in Chorlton, apparently the local residents have received tickets from Excel in the region of £5,000 for parking in their own driveways and are fed up with the cctv camera! On the form I sent back to the court in defense I asked Excel to produce video evidence that I was parked up... because of course they can't as I never was parked up!

Coupon-Mad...I have filled in this mediation form now, so what do I do?

Jess, not been to Manchester for a long time, EXCEL need a whooping big time AND so do BW LEGAL

Do please contact me via a PM

beamerguy

Coupon-mad wrote: »

I did say also, to email Excel and point out they have no prospects of success due to your evidence (attach it to the email again). I would do that tonight, politely but clearly with the claim number and PCN number in the subject line and reiterate that your evidence renders this case one that should have been discontinued and still can be.

Coupon-mad, we know that but hey, please let us give a complete whooping in court, it's overdue for these idiots