Excel & BW Legal

Castle

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

Mahone1302 wrote: »

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?

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 :rotfl:

Mahone1302

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

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.

Mahone1302

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

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.

Mahone1302

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.



Regards,

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.

Mahone1302

Well after almost a month of nothing, BW Legal have written to me again. This letter is basically a duplicate of the one they sent to me in July, although this time they have properly referred to their client as being Excel and not VCS. The letter isn't the same word for word, but basically says the same.

They mention that they are not relying on POFA, then reasonably presuming I am driver by E v L, which I've already told them is irrelevant.

I'm going to reply, firstly referring them to my previous letter to them in reply to the last time they sent me 'this' letter (see http://forums.moneysavingexpert.com/showthread.php?t=5477023#14) however I'll add a bit more:

- HG quote on understanding keeper liability.
- Quote some recent cases where BW/Excel have been beaten in court when not using POFA.

Anything else worth adding?

beamerguy

Mahone1302 wrote: »

Well after almost a month of nothing, BW Legal have written to me again. This letter is basically a duplicate of the one they sent to me in July, although this time they have properly referred to their client as being Excel and not VCS. The letter isn't the same word for word, but basically says the same.

They mention that they are not relying on POFA, then reasonably presuming I am driver by E v L, which I've already told them is irrelevant.

I'm going to reply, firstly referring them to my previous letter to them in reply to the last time they sent me 'this' letter (see http://forums.moneysavingexpert.com/showthread.php?t=5477023#14) however I'll add a bit more:

- HG quote on understanding keeper liability.
- Quote some recent cases where BW/Excel have been beaten in court when not using POFA.

Anything else worth adding?

BWLegal about to c*ck it up yet again. ???

Don't BWLegal know the reasons why they lose in court ? SEEMS NOT ? and this pure rubbish again about E v L

Keep it going BWLegal, we all need a good laugh and we assume you will make us laugh week after week as you delve into the land of ignorance ... starting with wasting the courts time