BW Legal Excel Parking - Advice Please

IAC1986

Hi all, new to MSE and already begging for help!!!!!!

Please could somebody advise me on what I should do after receiving the following letters (in the same envelope) regarding a PCN I have no idea about.

Letter 1 i38.photobucket.com/albums/e137/IAC1986/Scan0001_zpsz5obzyzs.jpg
Letter 2 i38.photobucket.com/albums/e137/IAC1986/Scan0002_zpsncgd3giq.jpg

I have no recollection of the alleged contravention and don't have any correspondence regarding the PCN issued.

Any help on how to deal with this would be greatly appreciated, I am worried about the threat of a CCJ as I am currently looking at applying for a mortgage.

Thanks

System

Standard BW robo debt letter. File and wait to see if they try a claim.

They send these out a few months before they are statute barred (Feb 2018) especially when people have no idea about what happened over 5 years ago.

If you have a clear idea of what happened and you have kept all the paperwork, you could reply. But suspect you are like the 99% of people that don't.

Redx

you wont get a CCJ as long as you pay it promptly if you lose in court

only people who ignore the court procedure and court judgments get a default CCJ

Fruitcake

Letter 1

http://i38.photobucket.com/albums/e137/IAC1986/Scan0001_zpsz5obzyzs.jpg

Letter 2

http://i38.photobucket.com/albums/e137/IAC1986/Scan0002_zpsncgd3giq.jpg

Since the alleged event was before the POFA 2012 came into being, you could reply and tell them that the keeper cannot be held liable so they should contact the driver who of course you are not obliged to name. If they proceed to court you will file a counter-claim for breach of the DPA which is likely to result in a payment in the defendant's favour in the order of £500 plus costs.
Tell them to cease and desist now to save themselves money and embarrassment.

On no account reveal the driver's identity to anyone, even if you know it.

IAC1986

Thanks to all for the quick responses.

Fruitcake - If I choose to reply are there any template letters or particulars/wording I need to include, or would a simple take this matter up with the driver be enough?

I am worried about not replying due to moving house very soon and not wanting to provide them with my new address or risk missing anything further from BW/Excel or court correspondence.

Redx

there are GAN letters that you can adapt and use (its been posted about hundreds of times in the last 12 months)

although not being the driver may win the case, you must still go through the motions because they work on the presumption that the keeper and driver are one and the same

again , there have been many posts written about this , so have a look at the lamilad threads for starters as he fought back and won

dont look at anything prior to 2016

Fruitcake

IAC1986 wrote: »

Thanks to all for the quick responses.

Fruitcake - If I choose to reply are there any template letters or particulars/wording I need to include, or would a simple take this matter up with the driver be enough?

I am worried about not replying due to moving house very soon and not wanting to provide them with my new address or risk missing anything further from BW/Excel or court correspondence.

You could use some of the template PoPLA appeal points in post 3 of the NEWBIES such as the NTK being non POFA 2012 compliant since the POFA didn't exist at the time of the alleged event.

You will definitely need to tell them your new address when you move. It's up to you whether you contact them or not before then.

Coupon-mad

IAC1986 wrote: »

would a simple take this matter up with the driver be enough?

Yes, that's the sort of thing you will find used on here and on pepipoo. Standard letter, easy to Google and find posts about how to reply, or search 'BW Legal' on this forum.

Lamilad

Similar situation to yours. Might be helpful.
https://forums.moneysavingexpert.com/discussion/5658973

ElParque

I fought and won a case the same as yours; that is pre Oct 2012 and against Excel and BW Legal.

I'd keep them informed of your address but ignore any correspondence from them.

If they issue a County Court Claim against you, you follow the advice on procedure given in the sticky.

Others may advise to throw the kitchen sink at the defence but my advice would be to stick to the one unassailable point you have and that is that you weren't the driver. They must prove who the driver was and you either don't know or you do know but you're not going to tell them.

In my case, it helped that I had another car at my disposal and that my kids often drove the car in question. I told the judge that in court. If you can convince the judge that you weren't the driver and show what the law said in 2012 about the liability of the RK then, barring a daft judge, you must win.

So, if it gets to court, my advice would be to keep your defence very simple. This will make it much easier for you to know your case back to front, be less time-consuming in the months between the issuing of the claim and court and overall be less stressful for you.

IAC1986

Hi again,

So after receiving help on this post I replied with a straightforward denial letter and have received the following response

Letter 3 Final Notice

i38.photobucket.com/albums/e137/IAC1986/Excel0001_zps8839aqec.jpg

Please could somebody advise me on the next steps or should i just reply with:

I note your Final Notice dated 26 June 2017

In the Final Notice letter you claim to have not received a response from me with regards to the First Letter, a copy of the proof of delivery is enclosed.

I refer you to my previously reply, a copy of which is enclosed.

My position is unchanged

Thanks