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Bw legal and excel

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luksakura
luksakura Posts: 51 Forumite
edited 25 August 2016 at 2:57PM in Parking tickets, fines & parking
Hi. I have received a letter today threatening court action. Im really concerned now as i ignored all previous letters since 2011. Mine is still within the 6 yr period. The overstay was 3mins, but there is another ticket and the car left within the 2nd hour. They sent me a letter stating i had over stayed and didnt acknowledge the second ticket. There was no signage at the time saying you had drive out of the car park and back on again if i wanted to stay for longer.

The information i have read here now is saying i should appeal, .but is that information for new people to this or to people like me with this letter. Im really sorry if this has already be covered some where but i have 2 children under 3 and can't really take my eyes of them to read all the threads fully.

Can any one advise what to do next?
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Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
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    You are too late to appeal.


    if your letter is a "proper" letter before court action then you do need to deal with it/start reading up on how to prepare your defence.


    Start off with the newbies faq thread near the top of the forum which has advice and links dealing with this
  • luksakura
    luksakura Posts: 51 Forumite
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    How do i tell if its a proper letter?? All the others looked proper before but was told they were just threats.
  • Quentin
    Quentin Posts: 40,405 Forumite
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    Tell us what it says (keep it anonymous, but use the actual words they use referring to court action)
  • Coupon-mad
    Coupon-mad Posts: 132,793 Forumite
    Name Dropper First Post Photogenic First Anniversary
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    luksakura wrote: »
    How do i tell if its a proper letter?? All the others looked proper before but was told they were just threats.

    How about reading other threads and learning from them. YOUR Letter will be mentioned all over the forums. Yours is the same as all the other HUNDREDS of cases on here and on pepipoo forum:

    http://forums.pepipoo.com/index.php?showforum=60

    No-one is saying to 'appeal'. Threads all over both forums show you how to respond though.

    I do know how it is, I know you said you have two toddler/babies. I'm a Mum who had 4 kids under seven at one point (now all lovely teens/adults) but I worked as well - you CAN do this.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • luksakura
    luksakura Posts: 51 Forumite
    edited 28 July 2016 at 3:06PM
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    Dear Madam
    Our Client: Excel Parking Services Ltd Parking Charge Notice(PCN): Camera
    Account Number: Date of Contravention: 31 May 2011
    Vehicle Registration: Balance Dl]e: £154.00
    Contravention Description: Parked after the expiry of the time in a pay and display car
    Contravention Location:
    Anpr Charging Scheme Std (60-100)
    We have been instructed by Excel Parking Services Ltd in relation to the Balance Due for the above PCN.
    For the avoidance of doubt, the Balance Due includes the £100.00 PCN charge plus Our Client's initial legal costs
    of £54.00, which are detailed in the car park temls and conditions.
    As you have failed to make a payment or raise an appeal within 28 days from the date ofthe PCN, the Balance Due
    remains outstanding and we require payment in full within 16 days from the date of this letter. If you fail to make
    payment or provide reasons for non payment within the specified timeframe, we will seek Our Client's instructions
    to commence legal proceedings against you in the form of a County Court Claim Fomi in the County Court.
    What do you need to do next
    It is important you contact us to resolve your account. We are keen to work with you and one of the quickest ways
    to review your account is to register on our Customer Portal by visiting htm//www. Bwlceal. Go. uk. On here you
    can make a payment, advise us of any disputes against the PCN, upload documentation to support your dispute and
    comunicate with us via web chat.
    Call us today on 01133234479 if you would prefer to discuss your account with one of our helpful team.
    County Court Proceedings
    In the event County Court proceedings are issued you may be liable for Court fees, further solicitors' costs and
    statutory interest. Should we successfully obtain a County Court Judgment ("CCJ"), this may have a detrimental
    effect on your future creditworthiness and employability. Our Client also reserves the right to commence
    enforcement proceedings against you for recovery of the Balance Due.
    Yours faithfully
    u LW
    BW Legal
  • luksakura
    luksakura Posts: 51 Forumite
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    Just posted the contents of the letter for those that wanted to see. Lucky i have a optical reader on my phone so could edit without typing loads.

    When the kids go to bed i could maybe try again to see if i can find it, i was a little frantic when i first opened the letter.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    First Anniversary Photogenic Name Dropper First Post
    edited 23 July 2016 at 7:52PM
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    luksakura wrote: »
    Just posted the contents of the letter for those that wanted to see. Lucky i have a optical reader on my phone so could edit without typing loads.

    When the kids go to bed i could maybe try again to see if i can find it, i was a little frantic when i first opened the letter.

    Whatever you do, please do not enter into a phone conversation as despite them saying they have friendly staff, they lie.

    The threats of obtaining a CCJ against you can only relate if they win and even then, you still have up to 28 days to pay before you actually get a CCJ placed on your credit file if you don't pay

    By saying "future creditworthiness and employability" is menacing and harassing, and no different to a back street loan shark. People are now complaining to the SRA (Solicitors Regulation Authority)
    https://www.sra.org.uk/home/home.page

    The conduct of BWLegal is that of a vulture who cannot find food.

    It is very doubtful that a judge would accept BWlegal's evidence, so what you overstayed 3 mins, parking companies must allow a grace period of 10 mins. And you paid for extra parking so you were not avoiding paying. It is very convenient that BWLegal know nothing about this.

    Couple this with 2 young children in the car who have your attention over everything else, a judge would be pretty stupid to side with them. HOWEVER, in saying that there are judges who do not live in the real world.

    The letter threatens .... will BWLegal be stupid enough to go further.

    The Parking Prankster states
    "BW Legal are therefore early contenders for The Prankster's "Most Incompetent Solicitors of The Year" annual award"
    http://parking-prankster.blogspot.co.uk/search?q=bw+legal

    Suggest you issue a severe complaint to the SRA enclosing the menacing letter

    In the meantime, you might or might not get county court papers.
    BWLegal will read this forum and already know how stupid they are.

    If you do get court papers then return here and coupon-mad will show you what to do next .... the lady spits venom but only to scammers

    Until then, chill, enjoy the hot weather, BWLegal will be wondering how long they can operate this scam
  • luksakura
    luksakura Posts: 51 Forumite
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    Thank you so much to both of you.

    I have done some digging as my hubby is back and found a reply to send to bwlegal. Should i copy this reply the SRA also??

    I do have he parking tickets as lucky for me i used to shove then in the glove box so managed to fish them out. I gather because its was before 2012 my claim isnt like the new ones as i need to prove who was driving.

    Is this letter ok.

    Dear Sir,

    With regard to your letter dated xxx

    I deny any debt to Excel Parking Services and/or yourselves (B W Legal)

    To clarify, I was the registered keeper of that vehicle at the time, and as the alleged parking event was before The Protection of Freedoms Act 2012 your client has no right to pursue me for payment.

    As I dispute this charge and consider this matter now closed, I demand that you do not contact me further and refer the matter back to your client Excel Parking with the following comments:

    Please inform Excel that the Data Protection Act requires that they now delete my records. They cannot hold a keeper liable.

    I have never consented to my personal details and data being shared by Excel and I revoke any permission they may have incorrectly given you. Your communication on their behalf is basically harassment of me which has caused distress and upset and I object to my personal data being processed in this manner without my permission.!

    I therefore request Excel remove all my details within 21 days of this notice under Section 10 of the Data Protection Act as I believe they are clearly in breach of section 1 of the Act.!

    Also I note your inappropriate demand for £54 "legal costs".
    You are perfectly aware that these cannot be recovered in the Small Claims Court
    In the unlikely event that your client has actually paid these costs, they are none of my concern.

    Yours Faithfully


    Again thank ypu so much for you help, i honestly thought all this was finished years ago.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    First Anniversary Photogenic Name Dropper First Post
    edited 23 July 2016 at 7:59PM
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    luksakura ..... coupon-mad is the guru and will reply and help you, don't attempt your own reply without coupon-mad
  • arthurx1234
    arthurx1234 Posts: 421 Forumite
    First Anniversary Combo Breaker First Post
    edited 23 July 2016 at 8:00PM
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    End with something like --- see below
    So they know you are not a pushover

    "I will not, under any circumstances make any payment to PARKING CO NAME or your company. This letter constitutes a demand for an immediate cancellation of the Parking Charge. The claim is denied in its entirety. I assert that I am not liable to the Claimant for the sum claimed, or any amount at all. Any further communications, other than to confirm you will not be pursuing me for this charge, will be treated as harassment. I consider this matter closed."
    [FONT=&quot]

    Arthur Brexit[/FONT]
    BREXIT OOPS
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