PRE POFA Parking Fine BW Legal/ Excel

Nraw100

Hi

I am dealing with BW Legal and Excel. Excel are claiming £154 in relation to PCN in which contravention occurred September 2012. I was not driver at the time. I have replied to BW Legal that I was the registered keeper but not the driver (I cannot remember the driver - it was 4 years ago for goodness sake) . They refer me to case Elliott v Loake which I understand some of which is not relevant. They are now threatening County Court proceedings and have offered £114 to pay. I do not wish to pay.

According to the last letter from BW Legal I have 7 days to resolve this (their words not mine), failure to which they will seek their client's instructions (Excel's) on issuing County Court proceedings.

If I do not respond, are they likely to issue court proceedings and what would be my defence - would it be pre Pofa ? Should i reply again ?

Any advice gratefully received.
Many Thanks

Redx

keep replying , always , without question

you are best to study ALL of the recent VCS/EXCEL/BW LEGAL threads on here and especially over on pepipoo , looking for the GAN responses that give you the exact replies you need (if you read enough of them)

this is creating a paper trail , in case it goes to court , which I beleive the vast majority will (known as an MCOL)

play letter tennis or email tennis with them , ALWAYS REPLY , with denials and rebutting Elliot vs Loake and POFA2012 and their £54 charge too

and consider complaints to the CSA and the SRA too , like everyone else is doing

your defence would be similar to those drafted by those already at the MCOL stage , so you do the research and follow what they are doing (carefully , after much reading)

if you ignore their letters an MCOL will arrive in the next few weeks or next month

Grimble

Ask them to provide in 7 days the Police statements and forensic evidence as in the EvL case, failure to so will result in a complaint to the SRA, trading standards, no please's thank you's be firm, ie I demand you send me.

Umkomaas

Was the advice given to you on another poster's thread yesterday by Coupon-mad (one of the foremost experts in the country on private parking issues) not suitable?

There's nothing more to add to that. The forums are awash with BWL cases, we're near to drowning in them. Everything that could have been asked has already been asked, and everything that could be answered has already been answered.

Take a little time doing some research on this, it will pay dividends, because if this ends up in court you will need to be knowledgeable about all the issues to defend this successfully.

There is anecdotal evidence that suggests those who do not engage with BWL are the most likely to get court papers at an early point. Take control.

Redx

good point

previous posting

https://forums.moneysavingexpert.com/discussion/5514052

the advice is the same , will remain the same , no reason why it would be different

the LOVENORFOLK thread on here is a goldmine of info for those seeking advice on this topic , please read it

The_Deep

E v L here

http://www.davidmarq.com/bama/Elliott%20v%20Loake%20%5B1983%5D%20Crim%20LR%2036.pdf

Gan letter here

http://www.pepipoo.com/forums/lofiversion/index.php/t98605.html

Complain here

http://www.sra.org.uk/consumers/problems/report-solicitor.page

This is a con, treat it as such, there can be no "reasonable assumption" under E v L that you were driving unless they have evidence to that effect, i.e. you have admitted as such. If they take you to court lodge a counter claim for unreasonable behaviour.

Nraw100

Hi

I now have received Court Papers for my case. I have acknowledged service and am now formulating my defence which is primarily based on this being a pre-pofa case and I was not the driver. The alleged offence was 21 September 2012 and I was not the driver. I have told them this twice and I have said that given the time that has passed I do not know who the driver was.
Please can you refer me to any similar cases which were Pre POFA ? I find all this a bit confusing but I am determined I am not going to pay for something I did not do. The case is likely to be heard in Sheffield.
Thank you

Umkomaas

Nraw100 wrote: »

Hi

I now have received Court Papers for my case. I have acknowledged service and am now formulating my defence which is primarily based on this being a pre-pofa case and I was not the driver. The alleged offence was 21 September 2012 and I was not the driver. I have told them this twice and I have said that given the time that has passed I do not know who the driver was.
Please can you refer me to any similar cases which were Pre POFA ? I find all this a bit confusing but I am determined I am not going to pay for something I did not do. The case is likely to be heard in Sheffield.
Thank you

Did you not find any in the research I advised you to undertake 6 months ago?

Take a little time doing some research on this, it will pay dividends, because if this ends up in court you will need to be knowledgeable about all the issues to defend this successfully.

There have been some pre-PoFA cases either here or on PePiPoo. Have you used the forum search engine with search phrases like 'Excel pre-PoFA' or 'BWL pre-PoFA', which should turn something up for you?

Lamilad

As. Umkomaas says you need to become adept at navigating the forum and doing lots of research to build your case.

Yours is very winnable but you'll have to put the work in to be ready for your day in court.

Simply typing 'pre pofa' into the search box will bring loads of threads on cases similar to yours.... Like 'JackBasta' who produced a good 'pre pofa' defence (not Excel but still very similar case to yours)

...Or over on Pepipoo you have Kathycymraeg and Dub Cat both with Excel pre PoFA cases and helping each other out.

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

Dub Cat is being very proactive, I'm sure if you post on her thread she'll be willing to share the knowledge she has gained so far.

Umkomaas

The case is likely to be heard in Sheffield.

Is Sheffield close to you? I know Excel is based there, and I'm wondering whether you've made the assumption that any court location will be to suit Excel.

You choose the court local to you.

Nraw100

Thank you. Yes I did some initial research Umkomaas 6 months ago but it is very hard to navigate these forums when you don't use them as frequently as you do and perhaps you are more literate than others. I only asked for help.

Thank you laminad I have now found your cases so am currently reading them.

Sheffield is the closest court to me.