Pre Pofa Parking Fine

Mexas

I have a parking fine that goes back to Feb 2012 which is now with BW Legal. I sent my first rebuttal stating i didn't know/couldn't remember who was the driver and as it was before POFA 2012 I wasn't required to at the time (or something to that effect).

I know the chances are pretty slim of this going to court, but out of interest how does this defence stand up in court?

I'm prepared to take it all the way just to make it as difficult as i can for BW Legal / Excel.

Umkomaas

Mexas wrote: »

I have a parking fine that goes back to April 2012 which is now with BW Legal. I sent my first rebuttal stating i didn't know/couldn't remember who was the driver and as it was before POFA 2012 I wasn't required to at the time (or something to that effect).

I know the chances are pretty slim of this going to court, but out of interest how does this defence stand up in court?

I'm prepared to take it all the way just to make it as difficult as i can for BW Legal / Excel.

It will be but one of your defence points. Don't just rely on that, unless you're an adrenalin junkie!

Do a search on this forum and PePiPoo (in particular as its awash with BWL cases), using the search term 'BWL defence' to get an idea of what people are putting together.

The_Deep

They can only persue the driver If you were not that person they are Donald Ducked

They may rely on Elliot v Loake, but that was a criminal case involving a hit and run, the driver lied to the police, but flakes of paint from his vehicle were found on the other vehicle.

Why they rely on this I di not know, perhaps they are plain stupid.

Mexas

Thanks. I've read elsewhere that the next letter will refer to Elliot v Loake so I'm prepared for this.

My only issue is that I have no evidence to show i wasn't the driver (apart from my word), they have no evidence to prove i was (apart from a poor anpr camera image showing my car).

I will try and search other threads to see if i can find anything where it has gone to court to see potential outcomes. I guess I need other defences but not sure what i can legitimately use other than that BW legal dont seems to be following a very good process.

Umkomaas

I don't know of any PPC-led court case where they have placed before the judge assumption based on E-v-L. Maybe they know they're skating on thin ice, but use it as a lever to pressurise the unwary and naive who are cowed by things that look 'all legal'.

Like lots of these charges that are close to the mark (airports and the like) they won't risk any judge bringing down their house of cards. One dissing of E-v-L by a judge will be siezed upon by the forums, blowing it out of the water as far as private parking cases are concerned.

Mexas

Apologises for bumping my old thread.

BW Legal have come back after another 18 months presumably one last roll of the dice.

Date of Alleged Contravention was 15th Feb 2012
New LBC - 25th Jan 2018

They have given me until 1st Mar 2018 to reply to the LBC.

I've read the templates in the newbie post and its all really useful, i just need help writing a short para or sentence about it being now statute barred? what can i say to them to hopefully deter them from taking it further?

Coupon-mad

Date of Alleged Contravention was 15th Feb 2012

I've read the templates in the newbie post and its all really useful, i just need help writing a short para or sentence about it being now statute barred?

Yes just write a sentence, no need for help with that.

what can i say to them to hopefully deter them from taking it further?

Tell them you are copying in your MP, and name that MP.

And do so, with a complaint to your MP, AFTER you have watched in full, the Parliamentary debate that The Deep has posted the link to on dozens of threads. Watch that first, then involve your MP.

twhitehousescat

New LBC - 25th Jan 2018

They have given me until 1st Mar 2018 to reply to the LBC.

by which time your 6 yrs will be up

Mexas

Is it that easy? have they messed up by given me too long to reply? I was half expecting a letter through the door from the court this week but nothing has come, even in today's post.

The_Deep

[FONT=Times New Roman, serif]This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences. [/FONT]

[FONT=Times New Roman, serif]Parking Eye, Smart and a smaller company have already been named and shamed, as has Gladstones Solicitors, who take hundreds of these cases to court, who have also been reported to the regulatory authority. [/FONT]

[FONT=Times New Roman, serif]The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.[/FONT]

h[FONT=Times New Roman, serif]ttp://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41[/FONT]

[FONT=Times New Roman, serif]and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.[/FONT]

Johno100

Mexas wrote: »

Is it that easy? have they messed up by given me too long to reply? I was half expecting a letter through the door from the court this week but nothing has come, even in today's post.

Yes,
Yes,
I can't see how they can issue proceedings now if they've given it you in writing that you've got till 1st March to respond to the LBA.