PEEL Shopping centre Stockport

Umkomaas

What exactly are they saying in 'threatenening a ccj'? How is their letter headed?

Coupon-mad

Do you mean you are getting BW Legal letters like everyone does?

You should be expecting that, and the inevitable court claim to defend (and win), having been here long enough to have read loads of Excel/ BW Legal cases.

And re the £55, if still in dispute, tell the hire firm you want the case referred to the BVRLA dispute resolution service and remind the Hire firm AGAIN that they were never liable under any applicable law so had no justification or excuse to charge £55 for a letter in a case with no keeper/owner liability. Remind them the Excel Notice to Keeper was not a POFA one and was only ever the DRIVER's business and nothing like a POFA one (e.g. from ParkingEye) where there might have been more of a case for a hire firm to get involved. Not the same thing, not justified and surely a letter should cost £12 and no more, as per the Bank Charges ceiling.

dovski

Yes thanks to you both. Standard threat letter. I've not responded to any of the letters sent north of the border. I'm working overseas too. Most dont get opened for a while.
The 55£ "fee" is currently in dispute with the CC company. Awaiting their response.

dovski

Yes, BW legal preprinted stock letters, Sorry for late reply. I have a copy of it now..

Dov

dovski

Ok, its been a while but I'm working overseas long term and dont get mail..I've not replied at all to comms from this outfit as I missed the deadlines through being out of the country, mail not opened etc. So, I'm now passed the payment deadline and awaiting ccj action through scottish courts for the absolutely dreadful peel centre. Any advice for me now gratefully accepted. Been in contact with CAB btw.

rgds
dov

Redx

if this is SCOTLAND then you are well advised to keep ignoring unless you get a court claim via the sheriffs office from a solicitor (probably a scottish solicitor)

if they do not know who was driving then they are unlikely to issue one or to win because POFA2012 does not apply in scotland and the justice system is different in scotland

excel fail a lot of these in english courts due to not following POFA2012 so I dont see how they could win one in scotland

come back if you get a court claim from the scottish court system etc

AFAIK , if you lost there would be a SMALL CLAIM DECREE, not a CCJ , a CCJ is in england and wales

dovski

the car hire firm disclosed the details and charged me 55 for doing so, I intend to take them to the small claims system once this is over. Sickening signage on a dark winter night way after the shops have closed, makes my blood boil.

Redx

dovski wrote: »

the car hire firm disclosed the details and charged me 55 for doing so.

not quite

the car hire firm named the hirer/lessee

the car hire firm had no idea who the driver was, it could have been me using my comprehensive insurance policy as cover for all they know

a car hire firm NEVER knows who the driver is, they might assume that its the hirer , but it could have been your m8 who stole your keys (TWOC) and returned them whilst asleep, or somebody you know that you lent it too for a test drive because they have their own insurance like me

this may seem pedantic, but I assure you the devil is in the detail

you were the hirer/lessee/keeper , nothing more can be inferred and EXCEL need to positively know who the driver was to win this , if they get all their ducks in a row

Coupon-mad

dovski wrote: »

the car hire firm disclosed the details and charged me 55 for doing so, I intend to take them to the small claims system once this is over. Sickening signage on a dark winter night way after the shops have closed, makes my blood boil.

But as hirer, you can't be liable to this parking firm. Bet the CAB didn't tell you that?

Redx

I also suspect they did not follow the hire car rules as explained by EDNA BASHER in the NEWBIES sticky thread either

ie:- no copies of the hire agreement etc send with the NTK