Excel parking Cavendish Retail Park help - update p6

Erinandi

Thanks. Have been reading Daniel San case. Are there relevant cases to me I can quote? I was not the driver of the car nor was I with the car on said date. Is it enough to ask for details under new protocol?

Also how relevant is signage in my case? I was not there to enter into any contract?

Lamilad

Are there relevant cases to me I can quote?

Too many to list, but you could tell them that in the event of court proceedings you will refer to numerous cases where Excel claims have been dismissed on the basis of no pofa compliance = no keeper liability.

In each case Excel's reliance on EvL was rejected by the judge as being an irrelevant criminal matter, and in many cases the rep was reprimanded for misrepresenting the facts of that case and it's bearing on civil matters.

Equally Excel cannot rely on the irrelevant case of CPS vs AJH Films following the judgement in appeal case of Excel vs Smith where HHJ Smith found that there was no Employer>Employee / Principle>Agent relationship therefore that case did not apply.

Add that you defence bundle will include the transcripts from Excel vs Lamoureux, VCS vs Quayle and, the aforementioned Excel vs Smith.

Coupon-mad

Also how relevant is signage in my case? I was not there to enter into any contract

Always very relevant, because a driver of your car WAS there, and Excel will argue, formed a contract and breached it. So you need to ask for all pictures of your car and the signs that they contend were there on that date.

Is it enough to ask for details under new protocol?

You can add more than that in your case; this is meant to be a chance to 'narrow the issues' so narrow them in your favour as well. Use it to tell them again that you were NOT the driver and they can make no assumption that you were...blah blah... POFA 2012 not adhered to...

Even if you've already said it, say it again.

A Judge will look at this correspondence in the end (probably) and you need to come across as an honest person who reasonably replied and asked for reasonable information you are entitled to receive in order to understand the alleged 'debt' (which isn't your liability but Excel don't just go away).

Erinandi

Just a quick one. When I sent my first response to BW I got an automatic reply. On my last 2 responses I have not had this. Is this normal?

Lamilad

Erinandi wrote: »

Just a quick one. When I sent my first response to BW I got an automatic reply. On my last 2 responses I have not had this. Is this normal?

I wouldn't worry about it. Did you use the same email? Did you include attachments which may be rejected by their server?

System

The BW Legal system requires more than a couple of emails to upset it.

Try writing a letter attaching copies of the emails to them - with proof of posting. Include another letter warning them of an intended separate claim against their client for misusing personal data as BW Legal are failing to check the letters/emails sent to them.

If you don't get a human at BW to read these, then the system grinds on.

The_Deep

They have quoted Elliott V Loake

Surely this merits an award for CPR27.14.(2)(g) costs for your time and their unreasonable behaviour?

They must be aware that E-V-L is a dead parrot. Their constant failure to succeed with it reminds me of Professor Einstein's definition of insanity.

You could add their refusal to engage with you, ignoring caste iron proof that you were not the driver, and mentioning a CCJ.

Erinandi

New letter arrived Thursday headed "Letter of Claim". Is this the same as letter before claim. Have just been researching my reply but then not sure if they are the same thing.

Also got a less of a template letter on Friday. In there they quote Chaplair Limited vs Kumari 2015 and also Combined Parking Solutions Ltd vs AJH Films LTD 2015

KeithP

Erinandi, it might be useful for you to actually say who these letters are from.
Does it suggest this is a last opportunity to pay?
If so, who does it say you should pay?

Can you post a copy of the letter - with your personal details blanked out of course?

System

New letter arrived Thursday headed "Letter of Claim".

Search for Pre-Action Protocol (PAP). Have you sent already sent a PAP letter and have you had a response?