bw legal/excel clain form recieved

keepswimming

would this work for a part18, work borrowed from other places.

Coupon-mad

I would change #3 to:

I will put Excel to strict proof as the the identity of the driver, at the hearing, since this pre-dates the law for 'keeper liability' (POFA 2012). Since Elliott v Loake is inapplicable and turned on evidence in any case, what evidence does Excel have that proves who was driving that day?

beamerguy

As shown here by the Parking Prankster

Excel v Mr B C7DP8F83 at Sheffield 14/12/2016.

Excel lose at Sheffield. Elliot v Loake not applicable

http://parking-prankster.blogspot.co.uk/2016/12/excel-lose-at-sheffield-elliot-v-loake.html

The Judge made it clear that without proof of driver, and without invoking Keeper Liability, there was no claim against the Keeper.

When will Excel and BWLegal wake up and smell the coffee ???

Guess the courts have woken up to this BWLegal charade

Time for BWLegal to change their template letter FROM ......

"our client does not rely on POFA 2012 AND we refer to the Elliot v Loake case"

TO:
"We know our client does not rely on POFA 2012 and we know our client
cannot prove who the driver was. We know that Elliot v Loake is not applicable
and we know we lost in court due to the above
Excel v Mr B C7DP8F83 at Sheffield 14/12/2016

We also know that it is not in our remit to claim you will get a CCJ as we have not won at court regarding your case
But, we are asking you to pay this inflated amount as a gesture of goodwill"

The_Deep

Try to persuade the judge that the PPC are acting unreasonable in bringing such an old case when, (a) they do not know the driver, (b) Elliott v Loake will not fly, and (c)no keeper liability existed.

Quote CPR27.14(2)(g) and claim full costs for your time spent on this at £19.00 an hour.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27

Also claim that this is a waste of the court's time, as BWL know all of this as they have failed in court several times in similar cases.

keepswimming

i take it cpr27 would go into the defence statement?

keepswimming

Excel v Mr B C7DP8F83 at Sheffield 14/12/2016.
this was a good read

keepswimming

PART 18 REQUEST FOR FURTHER INFORMATION

Ok this is the revised copy of part 18, is this ready to go?

To BW Legal

Re: claim XXX , ref XXXXX

I write with regards to the above mentioned County Court Claim. Please answer the following questions: -

1. Is EXCEL Parking Services Limited making a claim as an agent of the landowner or is EXCEL Parking Services Limited making the claim as occupier in its own right?

2. Is the action founded on a contractual charge, a breach of a contract or trespass?

3. I will put Excel to strict proof as the the identity of the driver, at the hearing, since this pre-dates the law for 'keeper liability' (POFA 2012). Since Elliott v Loake is inapplicable and turned on evidence in any case, what evidence does Excel have that proves who was driving that day?

4. Does Excel assert that the signs displayed at the time met the British Parking Association's Code of Practice Appendix B (Entrance signs) or the Independent Parking Committee’s Schedule 1 (Please indicate)

5. Can Excel confirm that it is able and will produce for the court an unredacted copy of its signed contract with the land-owner along with evidence of the design, positioning and content of the signs?

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU.
I also require that answers to these questions be verified by a Statement of Truth by an authorised signatory of BW Legal.

keepswimming

I was going to post a link for an article about the carpark in question showing problems with it as featured in the local paper. however the site says I m too new to post links sorry. I m happy to send it to anyone if there is a way to do so,

Coupon-mad

change http to hxxp

keepswimming

great stuff I ll do that, the link for the article about excel run car park featured in local news,
w.manchestereveningnews.co.uk/news/greater-manchester-news/residents-in-chorlton-pile-up-5000-868526