Six year old ticket

Umkomaas

Regarding the inclusion of Martin Cutts article on dodgy signs in my court bundle, do I print all 56 pages for the file? Surely the judge wouldnt read that amount of paperwork?

Did you fail to read my post immediately before your second asking of the same question? Or are you doubting my advice?

Why did I bother.......?

youdontsay

I apologise. I think the thread had moved onto another page without me realising. Thank you for your help, Im in the process of carrying out your advice, and Im very grateful for your help.
I had refreshed the page but it hadnt actually gone onto the most recent posts for some reason.

youdontsay

'the FOI that showed Excel were banned for trying to hold keepers liable pre-POFA'

I believe Ive found this document at some point during this process but it eludes me right now and Im running short of time. Could someone please help me with this? And the way I would present the information for bundle?

Many thanks in advance

Coupon-mad

Google it, I just did! FOI DVLA Excel banned 2012

youdontsay

Coupon-mad wrote: »

Google it, I just did! FOI DVLA Excel banned 2012

Thank you for your reply. I have googled so many variations and seen a myriad of various information. This made it much simpler and quicker, its all in the wording!

youdontsay

Thank you all for your help in this matter I have handed my file to the court now and emailed my WS and evidence to BW Legal I have a few months before the case is heard so will read through and through all the paperwork to prepare. Thanks again for all your support with this.
As some of you will know, while in the process of sorting this 6 year old ticket out, I received another ticket (same situation, not the driver) for overstaying in the same car park just a few months ago. I was advised here to ignore any correspondence but have received a letter from Excel and in the same post, one from BW Legal, as they have handed it over to them. They are asking me to pay £160 within by 17th May or I will be taken to court again.
Could this be a response due to my emailing my WS for the old ticket or is it just coincidence?
Should I ignore or is there something else I should do?
Is there a chance they will bring up this case when in court for the old ticket?

Coupon-mad

Could this be a response due to my emailing my WS for the old ticket or is it just coincidence?

It's a coincidence.

They (BW Legal) are incapable of spotting any connection, because no-one has looked at anything. It's a robo-claim, a numbers game.

Is there a chance they will bring up this case when in court for the old ticket?

Better that you mention it in your WS in due course, and state that the Claimant is bombarding you with letters despite knowing you were not the driver in either case, and that they are unable to establish 'keeper liability' due to their own choice not to use the POFA in their NTK wording. You can cover this when at WS stage.

They are asking me to pay £160 within by 17th May or I will be taken to court again.

In response to that letter, tell Excel in writing, that a case turning on exactly the same facts, same car park and where you were not the driver in either case, is at court stage already (claim xxxxxxx) and any threats of court separately over this one are meritless and you will ask the Judge to order all PCNs cancelled when you win at the hearing. Due to the doctrine of res judicata, the same facts cannot be heard twice in a civil court and the second one (like the first) has no basis in law for a claim against a registered keeper.

youdontsay

So I wrote the letter as advised in above post, making them aware that there is already a case due to be heard etc.
I have received a reply from BW Legal stating that they are pursuing me as the registered keeper in this recent contravention and that the full balance is due
I was then instructed to contact them within 7 days by telephone to discuss repayment
Just wondering if I need to respond at all or just to ignore?

Many thanks once more

nosferatu1001

Respond and state this doesnt answer your point, and you require THEM to respond within 7 dys, in writing, to confirm why they are threatenind a different claim when this shoudl all have bene issued together.

Also ask them how they are engaging Keeper Liability when their client, Excel, does not use POFA compliant Notices to Keeper? You require they produce ALL documents they intend to rely upon with their response, including copies of the suppsoed NtK, and an explanation of htow they comply.

youdontsay

nosferatu1001 wrote: »

Respond and state this doesnt answer your point, and you require THEM to respond within 7 dys, in writing, to confirm why they are threatenind a different claim when this shoudl all have bene issued together.

Also ask them how they are engaging Keeper Liability when their client, Excel, does not use POFA compliant Notices to Keeper? You require they produce ALL documents they intend to rely upon with their response, including copies of the suppsoed NtK, and an explanation of htow they comply.

Thank you Just wondering, is it best to respond by email or by post? It seems some methods are better at various stages of this process
Many thanks