Rosendales now Bwlegal

Redx

Mabinogion wrote: »

Hello as advised by this forum and others i have ignored every letter from Graham White Solicitors and BW Legal right up until today and have received a Claim Form / Claimant Excel Parking. On the right hand side it says in the County Court Business Centre. A claim No. and issue date. So is this a letter before claim (LBC) where I have to write a robust letter telling BW Legal to stop hassling me as the PCN was before October 2012 ?
At the time in October 2011 the Excel parking camera's were put up over night and no one seemed to have noticed them and as we hadn't visited this car park for a while didn't notice them either hence the PCN but don't know now what to do so can anyone help please? I am a pensioner and cannot really deal with all this now . So would be grateful for more advice please. I was told to write to them stating I was not the person driving the car etc but don't know if this is the LBC or not. Please advise��
Thank you.

if this is an MCOL from Northampton Court Bulk Centre THEN YOU NEED TO READ POST #2 OF THE NEWBIES STICKY THREAD

it tells you how to acknowledge it, then you need to prepare your defence, which you have 28 days to do (after acknowledgement online)

start with that post #2

there wont be ably LBCCC , or LBC , or LBA , its past that stage now , its at court stage

Coupon-mad

I wish i had paid it all off now as i am at my wits end now.

Calm down. Claims are defendable but you MUST acknowledge and then look at defences and show us a draft. Which is why Redx pointed you to the NEWBIES thread post #2. BW Legal claims are generic template trash and you CAN defend this!

Don't be scared. This will resolve it once and for all and almost no newbie here loses v BW Legal. People all manage it. Read Lamilad's threads about his wins, for a start. Or any BW Legal defence thread, after you have acknowledged this online using thr password.

Honestly, calm down, this is not a crime and even if a person loses (ONE person posted they lost on here) you'd pay about £150 in the end - and no CCJ. Less than the claim form, almost certainly, and 99% win here and claim their own costs back!

Mabinogion

Have ignored all letters and phone calls as advised from Graham White and since them BW Legal
but now have received a CLAIM FORM which has Claimant on the left hand side which are Excel
Parking Services Ltd and their address and on the right hand side is in a box in the COUNTY
COURT BUSINESS CENTRE. Claim No. issue Date and their court address. it looks official with a
Crown Stamp underneath in a circle with the words The County Court.
So what letter is this? I know i have been told to read the sticky thread but don't know what applies to me. Do i have to actually appear in court or just send a letter to BW Legal now telling them i was not the driver and they have no right in hasseling me and i don't understand all the legal terms regarding the acknowledging the services and have to log in with password on the MCOL website, i am sorry for appearing so dull but this is really worrying me now.

Redx

Mabinogion wrote: »

Hello i am sorry to ask and don't know where to post more for fear of being told i am in or on the wrong section but all i want to know what this letter is that i received the other day and is this the one i have to write a 'robust' letter using one of the templates.
I have read the sticky threads but don't know what applies to me as my PCN was before 2012.
I wish i could show you the letter for you to know what i am talking about and how to respond to it.
It says CLAIM FORM Claimant Excel Parking Ltd and their after also a Claim No. Issue Date.
There are 3 other letters enclosed one called RESPONSE PACK
With sections to Admission and Acknowledgement of Service.
So where do i go from here? I never had an LBC it went from letters of claim which are all the same to this.
Do i actually have to go to court? What do i do now?
Sorry to keep asking but don't understand all this.
.

it is an actual and real court form, from Northampton government centre, where they almost all come from (google MCOL , money claim on line)

we dont need to see the letter, we know its an MCOL , a court claim form

post #2 of the NEWBIES sticky thread near the top of this forum tells you more about dealing with it , at the moment it is the TOP THREAD in this forum, below the banner

yes you may have to go to court, which will be your local court once you ask for it later in the process

no it wont be Northampton, where the paperwork comes from, you will ask for it to be transferred to your local court, possibly a county court in your area

yes the defendant may have to attend court (think of it as being a bit like Judge Rinder, on itv, but without all his theatrics for the cameras , its a similar legal process which follow the same legal paths)

we dont expect you to understand all of this, but its still a live court case regardless , which the defendant needs to defend and may have to attend court in front of a JUDGE too

if you do not deal with it and take it seriously, then EXCEL will get a default judgment against you, which if unpaid after 28 days will result in a CCJ against you (County Court Judgment)

what we dont want is for you to have two threads on the same topic, its like ping pong and stuff gets missed

so what WE want is for you to stick to your original thread so all the information is in the one place

please use this thread ONLY from now on

thank you

yotmon

The best advice on this thread is to 'Stop worrying'. We all know it is hard to do, but as mentioned previously, you are not facing criminal proceedings. The 'other' party are claiming that you owe them some money - you disagree. So, the only way that they can force you to pay them is to get a judge to find in their favour. If you do not acknowledge the court forms, then they will win on default, without having lift a single finger !

You are in a good position, your pcn pre-dates PoFa, so they cannot attempt to enforce 'keeper liability' and can only pursue the 'driver'. Seeing as you have never communicated with them, they will be on a very sticky wicket trying to provide proof of the driver.

So, as long as you keep your cool and don't let slip who was driving, the onus is on them to provide sufficient evidence to the court to prove in all probability that it was no other person than yourself who parked the vehicle on the 2 dates aforementioned.

Obviously you will be relying on further evidence to prove to the court that they had no right to bring this claim. How do we know that they have the permission of the landowner to sue. Are they going to produce to the court the original signs that were in place back in 2011, that they are relying upon to form a contract. Excel I believe were BPA members back then - so scrutinise what is sent in their evidence pack for any mention of the IPC, as (maybe i'm wrong) I'm sure that the IPC didn't exist at that time ?

Lots of posters on this forum have run the gauntlet of Gladstones, BW Legal and Wright Hassall and come out of court triumphant. The regulars on the forum are here to help but you must believe in them for it to work. Do exactly what they ask by following their advice. And as already mentioned, if it doesn't go your way in court (which I very much doubt) then you will probably be only required to pay the bare minimum of charges - far less than what the 'other side' have been demanding.

As HO87 said in an earlier thread - go and put the kettle on and take some time to digest what's required to defend this case.

Best of luck.

The_Deep

These companies are in fact taking advantage of the courts to try to extract monies to which they have no entitlement from you by abusing the Law. They put up a sign which may or may not constitute a legally binding contract, issue a claim, and hope that you will, either through ignorance, fear, or more important claims on your time, pay up.

If you agree to enter your VRN in a terminal and insert an "0" instead of an "O" they want you to pay them £100, why?

Take it to court and a judge will almost certainly find for you, but many people are scared of court, they think that it is wigs and gowns, and "take him down", but it is not like that.

Your opponent is a scammer and/or a down market law firm. The Judge is well aware of their m.o., and will usually be on your side.

If you want a quiet life, and for evil to prevail, pay the Danegeld, if you want to give them a bloody nose, you will have to make the effort to learn the rules. It is not rocket science, but it is not painting by numbers either.

Coupon-mad

Mabinogion wrote: »

i don't understand all the legal terms regarding the acknowledging the services and have to log in with password on the MCOL website, i am sorry for appearing so dull but this is really worrying me now.

You can easily understand if you calm down, because the claim form tells you and gives you the password. You only have to Google 'MCOL' to find the website, then you register.

See if this link works, it's a guide to MCOL & how to acknowledge, put together by another genuine PPC fighter:

https://www.dropbox.com/home?preview=money-claim-online-How-to-Acknowledge.pdf

If not I can email it to you, if you need it.

HTH

Mabinogion

Hello Coupan Mad
Thanks for your help and have done the AOS twice as I had two PCN's both within two weeks of each other.
I have looked through the threads and to be perfectly honest I don't know what to start with regarding defence. I definitely was not the driver on both occasions and it was in November 2011 so what else can I say other than that I don't understand all this legal jargon.
Can you advise me on what I should do next as the issue date on the Claim Form was 9th March for the two Claims.
Thank you again.

Coupon-mad

You need to copy one, then show us.

Loads in post #2 of the NEWBIES thread. Look for one that is about a 2011 or 2012 PCN and talks about it being 'pre-POFA'. You could as an alternative, search this board for 'pre-POFA defence BW Legal' which should find one to plagiarise.