Bw legal and excel

luksakura

Yes. Typing off my phone, so thumbs are too big for the keys. I will re write and sort another response. Thank you.

Pinkychick14

Hi, I guess I'll be getting the same response soon then! Could you please copy your letter into here so I have an idea what to write too. Much appreciated. I'll also complain to SRA.

Pinkychick14

Hi, I have received an entirely different letter today. My offence was 2011, and I sent a similar letter to you. This is what they have replied:
'We note from your correspondence that you were not the driver at the time of the PCN. As details of the driver have not been forthcoming to suggest otherwise, our client, in the absence of the drivers details, reasonably assumes you were the driver and we refer you to the case of Elliott v Loake (1982). We also refer to schedule 4 of the Protection of Freedoms act which states the same.
Please note harassment has been referred to and therefore we feel obliged to point out that under S1(3)(c) of the The Protection from Harassment Act 1997, a course of conduct that someone alleges to be harassment will not be deemed so if the person who pursued it shows that in the particular circumstances the pursuit of the course of conduct was reasonable. Under the circumstances our course of action has been entirely reasonable and in no way reaches the high threshold of harassment.
We also wish to draw your attention that you were previously allowed 28 days from the date you received the PCN to dispute the PCN and/or appeal the PCN through an independent appeal service. Both of these options have now expired and your recourse for dispute is through the county court process, which could increase your liability further.
Furthermore, our legal fees of £54 are reasonable for a professional law firm dealing with this type of legal work and payment of such fees was detailed in the terms and conditions located within the car park.
Notwithstanding the above, our client wishes to resolving the matter within 7 days without the need to incur any further cost, failure to which we will seek our clients instruction on issuing County Court proceedings.

Please can anyone advise me of next action as I'm tempted to get my own solicitor!

valleysvc

Got an elderly relative with a similar situation to OP. Charge relates to 2011 and she was the registered keeper but not the driver.

Am I right in assuming the law was not changed retrospectively and therefore she can still not be held liable.

Cheers all.

Umkomaas

Please can anyone advise me of next action as I'm tempted to get my own solicitor!

Start a new thread of your own, copy and paste your post (above) in it and we will try to help.

Your own solicitor will likely cost you far more than the amount being sought.

Umkomaas

Am I right in assuming the law was not changed retrospectively and therefore she can still not be held liable.

Correct, but it's likely you will need a judge to tell the claimant that (unless the driver has already been outed by the RK in correspondence).

Random posts are now appearing on this thread which won't necessarily help the OP. Unless you are offering specific advice to the OP, any other poster should start a new thread of their own. Only the OP should be asking substantive questions on this thread.

luksakura

Dear Sir/ Madam,

I write to you with regard to your letter dated ....

First, I must point out that I have replied to you on .... I enclose a copy of the orignal communcation and proof it has been received.

Second, your client has not given you the full facts of this case. Please find enclosed a photocopy of two tickets purchased that day. The 2nd ticket purchased well within the grace period allowed. This proves payment was made for time the vehicle was parked. I am unaware of who the driver was, but found the tickets in the vehicle at a much later date.

Again. This charge is disputed and consider this matter now closed. I therefore request you refer this matter back to your client and cease and desist all contact with me.

Additionally, I never consented yo my details being shared by Excel and I revoke any permission they may have incorrectly given to you.

The SRA were copied in my previous response and are also copied into this reply.

Yours faithfully.

Is this a better reply to BW Legal??

Umkomaas

I haven't checked back over your thread - it's been manic here for the past few days, and we've lost some major forum players, but in case you haven't already cast your net a bit wider, why not check these out where a number of related cases are cropping up.

LEGAL BEAGLES
http://www.legalbeagles.info/forums/forumdisplay.php?384-Parking-Live-Court-Claims

CONSUMER ACTION GROUP
http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?88-Private-Land-Parking-Enforcement

PEPIPOO
http://forums.pepipoo.com/index.php?act=SF&s=&f=60

Redx

I can assure these posters that whatever the question may be , the answers have already been given either on here, on pepipoo , on legal beagles , on two from three , or on all three , or more forums , like C.A.G. too

you are not alone , there are hundreds of you

the elliott vs loake case - covered

the £54 fee - covered

POFA2012 - covered

Beavis case - covered

harassment - covered

there are GAN letters and rebuttals by him and SRM (coupon-mad) on the forums, especially pepipoo where they are laughingly thinking of renaming the forum to the BW LEGAL forum

search first, ask if you dont find

please

otherwise, all you will do is ppppppppp the regulars off and the stock answer will become

"search the forums in my signature and read"

luksakura

Redx and umkomass.

Thank you for sending me the extra links. I feel that my first rebuttal letter was not acknowledge as i dont appear to have had the same chain of letter that others have recieved. My letter is a reduction in price, no mention of prevoius cases ie elliot v loake. ( appears to be the same route as prevoius attempts)

Umkomaas you said to send copies of the tickets, hence i reworded my reply. However from reading the other threads, if i gave them an excuse or a reason they are more likely to pick me to go further??

I have removed the part about the tickets and reverted to the original 2nd response letter.


Dear Sir/ Madam,

I write to you with regard to your letter dated ....

First, I must point out that I have replied to you on .... I enclose a copy of the orignal communcation and proof it has been received.

Again. This charge is disputed and consider this matter now closed. I therefore request you refer this matter back to your client and cease and desist all contact with me.

Additionally, I never consented yo my details being shared by Excel and I revoke any permission they may have incorrectly given to you.

The SRA were copied in my previous response and are also copied into this reply.

Yours faithfully.


The original was a gan one that coupon mad okayed as it was short and to the point.

The last thing i want to do is p off the people who are helping me, i am happy to write complaint letters etc to help build up the numbers to get these investigated.

Thank you again cor your support.