Excel parking Cavendish Retail Park help - update p6

Coupon-mad

Or looked at the bottom of their letters, where they always used to show their contact email.

Lamilad

Erinandi wrote: »

Thanks. Sorry for disappearing, we have just got back from holiday. I am certain that I said I was not the driver, will check but who should I email? Is there an address anywhere?

Get email from Excel website or Google it. If it's bw legal then it's enquiries@bwlegal.co.uk

Have you received court papers yet?

Erinandi

Have no court papers. Last letter was from Excel. It was headed with "NOTICE OF INTENDED COURT PROCEEDINGS"

The letter basically states that I had a failed appeal and did not then seek to appeal to IAS. The refers to Parking Eye vs Beavis case and that if I do not pay then I may get CCJ so pay us before.

I took this to be the first of many threatening letters. I have nothing from BW or any other solicitor yet.

Coupon-mad

Sounds like Excel might be about to issue a claim themselves.

So now is the time to do this; IamEmanresu suggested it weeks ago:

IamEmanresu wrote: »

You could write back to them and point out they are mistaken as you were definitely not the driver which you can prove in court.

Tell them they must not share your personal details with any third party apart from their solicitors, as doing so amounts to a breach of the Data Protection Act. Add that if they wish to test their assertion that you were driving they must do so at court within 14 days and if they do pass on your details to a third party you will ask the DVLA to sanction them - as they have done a number of times.

Include proof you were at work and were not the driver. Be really assertive, no ''please or thankyou'' this is not an 'appeal' stage.

Geoff1963

Do you have any other evidence relating to the day you were away ? Receipt for lunch, travel documents. CCTV from the site ?

Erinandi

I got my first letter from BW legal a few weeks ago and I replied reminding them that I was not the driver etc. I submitted 2 witness statements which said I was at work that day (I was 80 miles away) and that I had a meeting at 2.30pm. The entry time was 15.01. I screen shot google maps which stated it would take 1hr 40 at least to get there from where I was. I also provided my milage claim and the authorisation email for my milage.

Today I got another letter - the same old template letter!. It gives me 7 days to reply from the date! It was dated 20th sept but the post mark was 22nd. Was send second class and arrived today 25th. That has annoyed me even more!

How do I reply to them? They have quoted Elliott V Loake - Can I say that this is irrelevant due to that being a criminal matter and this is civil? They are requesting details of driver. It was not me that was driving - I am guessing I am not legally bound to say who was driving and that is what Elliott v Loake is about?

Thank you for being patient with me and guiding me through this.

Coupon-mad

How do I reply to them? They have quoted Elliott V Loake - Can I say that this is irrelevant due to that being a criminal matter and this is civil? They are requesting details of driver. It was not me that was driving - I am guessing I am not legally bound to say who was driving and that is what Elliott v Loake is about?

Yes, you have the right idea and don't need a template. You can also search this forum for other Cavendish Retail Park threads and learn from what others did and how they won if small claims were commenced (because we do win).

Ask for all photos taken on the day and a picture of the sign on the material date. The idea is to ask for a couple of reasonable pieces of evidence for their case, because they have no case and their lack of reply helps you later in any defence.

beamerguy

Erinandi wrote: »

How do I reply to them? They have quoted Elliott V Loake - Can I say that this is irrelevant due to that being a criminal matter and this is civil? They are requesting details of driver. It was not me that was driving - I am guessing I am not legally bound to say who was driving and that is what Elliott v Loake is about?

Thank you for being patient with me and guiding me through this.

Looks like the BWLegal people have Alzheimer’s/Dementia,
forgetting so quickly Elliott V Loake and what the courts say

https://forums.moneysavingexpert.com/discussion/5672664

Erinandi

Sigh!!!!!!!

I replied to the last letter last week via email and then on Saturday I received a"final notice" from BW legal stating that I had not responded to them. That response was my second one....... The most recent letter quoted Parking Eye vs Beavis case. And went on to threaten ccj. Letter clearly set letter. Do I just forward my 2 responses?

Coupon-mad

How about a response like the ones being discussed today in two other threads on here?

They are from today so must be on page one, two or three (no links, I don't do links - I always want people to read more!). We hope and trust that newbies are reading other relevant threads all the time not just their own and the NEWBIES thread and odd links spoon-fed like crumbs.

You need to read any other LBCCC threads (any parking firm); there are two today preparing a robust response about the 1st October change that has taken place now, re the pre-action protocol. Easy to search for, or look for.