Excel/bw chasing my wifes carer

mowkid

Thanks for your rapid response. Only hope you are spot on with your prediction. Can't wait to see a headline or two in the dailies. That would make a few people's day I'm sure.

beamerguy

beamerguy wrote: »

As yet we have yet to see any such case but it's early days.

I think we all realise that BWLegal did not do their homework re POFA and they will probably fall on their faces time after time because they actually don't know if they are taking the driver to court and when a lot of their rubbish turns up in court, the judge can place a marker on BWLegal alerting all judges

Others here may disagree with me. This huge BWLegal scam would have worked had it not been for MSE and Pepipoo forums and many others.
As they think they are god, they would not have thought for a moment the huge rage they have created.

They are making a fool of the SRA AND damaging themselves in terms of credibility.

I suspect the local courts are now aware

Coupon-mad

BW Legal lost this case but we've not heard of others getting to hearings yet:

http://parking-prankster.blogspot.co.uk/2016/09/excel-parking-get-gladstonedby-bw-legal.html

They sent a freelance advocate - but mainly they are clearly hoping cases DO NOT go to a hearing. They and other solicitors 'working' for the private parking industry are considered by many, to be abusing the MCOL process as a very cheap form of aggressive debt collection because people pay up when scared.

But the truth is, even if a case was lost at a hearing the sum recoverable is NOT the escalated extortionate figure bandied around by BW Legal because random costs cannot be claimed. A PPC case lost by a defendant generally might cost a total of about £175 or so, all told. Not over £230 which is being demanded aggressively now in most cases.



HTH

mowkid

Coupon-mad wrote: »

BW Legal lost this case but we've not heard of others getting to hearings yet:HTH

That's a bit of good news. If they are losing post POFA claims are they less likely to go for pre POFA claims? I hope so anyway. I want it out of my Carers hair, and mine too for that matter.
How do you find out about the cases that have been to County Courts?

Coupon-mad

Post-POFA or pre-POFA, thanks to the wording of Excel and VCS Notice to Keeper letters (even in 2013/14) a well-defended case from a registered keeper *should* be a slam-dunk win at a hearing if the driver has never been identified.

There is no way that keeper liability has been met by Excel or VCS in any case at all and the words of POPLA Lead Adjudicator, Henry Greenslade, can be used as persuasive opinion to inform any clueless Judge dithering that maybe a keeper can be assumed to be the driver many months/years ago, that a PPC 'must never suggest' that. There is no such 'presumption in law' according to Barrister Mr Greenslade who is surely the most qualified voice on parking law/rules.

The_Deep

I agree with CM. Any mention of Elliot v Loake by a solicitor should be the basis of a complaint to the SRA.

Fedupwiththis

Hi Mowkid
Just wanted to reassure you that you are not alone! I am at exactly the same letter stage with BW Legal regarding a 2011 pcn, have complained to the SRA and replied robustly with the 'I am the Registered Keeper, please contact the driver....etc' Will start my own post if and when court papers appear but hope you don't mind me checking out your replies in the meanwhile

mowkid

Fedupwiththis wrote: »

Hi Mowkid
Just wanted to reassure you that you are not alone! I am at exactly the same letter stage with BW Legal regarding a 2011 pcn, have complained to the SRA and replied robustly with the 'I am the Registered Keeper, please contact the driver....etc' Will start my own post if and when court papers appear but hope you don't mind me checking out your replies in the meanwhile

OK I'm only too happy!!! to have a kindred spirit.
My case is not for me but I'm helping out a lady who is a crer for my wife.

Fedupwiththis

Hi mowkid. Have you heard anything else yet? As fix trace predicted I have today received the 'only folded in half and on more expensive paper' template letter assuring me that their letters 'do not intend to mislead or intimidate' (really), 'their client does not rely on pofa 2012' (and the relevance of that is?) and if I do not let them have the details of the driver then their client will 'reasonably presume that I was the driver'. So looks like another round of chuckle brother tennis with me to serve..........

mowkid

Fedupwiththis wrote: »

Hi mowkid. Have you heard anything else yet? As fix trace predicted I have today received the 'only folded in half and on more expensive paper' template letter assuring me that their letters 'do not intend to mislead or intimidate' (really), 'their client does not rely on pofa 2012' (and the relevance of that is?) and if I do not let them have the details of the driver then their client will 'reasonably presume that I was the driver'. So looks like another round of chuckle brother tennis with me to serve..........

I haven't seen my Carer for a few days and the letters go to her so I'm not sure. I know as of Thurs last she had not had any more letters from bw.
I know the whole thing is causing her great distress as she definately cannot afford this level of charge being quoted. Like you I have tried to confound bw with guidance from the good people on this forum but it's still a worry.