Help! Court Claim BW Legal (Excel Parking) AshtonU

Mut12345

Hi there friends,

I am hoping for some help and advice in battling a county court claim from BW legal (behalf of Excel),

I used the retail parking spaces for the Pure Gym in Ashton Under Lyne (Manchester) roughly about a year ago to date (in march 2017), I got there around 4.30pm, was the first time using that gym and it was pretty dark at the time so didn't notice any signage to register my car reg as they weren't very obvious, but did stay within the 'free' 2 hour period that gym allowed.

I did try complain to the gym to no avail and I've been ignoring every letter and silly threat Excel parking & bwlegal threw at me but have now been sent a county court claim form today unfortunately (literally over a year later!), however, after reading all the sucess stories and advice on here I've decided I want to fight this unfair charge!

So far have just done the MCOL and sent my AoS to the courts, and wondering where to go from here? I have managed to get a log for when i swiped in and out of the gym, and was planning on taking some photos of the gym signs and bad lighting in the car park, would this be a good enough defence or should I consider anything else for this kind of case? Also would photos taken at this point still be good as evidence? Would really appreciate any advice! Thanks alot in advance :cool:

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences.

Parking Eye, Smart and a smaller company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They nearly always lose) and have been reported to the regulatory authority by an M.P.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.

System

Have a read of this one

https://forums.moneysavingexpert.com/discussion/5468262

Mut12345

Hi thanks for your reply, yeah i did read this thread, that's what has given me hope! I'm not sure though what he used as the defence and would taking photos of signage now be helpful if it was over a year ago? saying that could I use his photos from before?

I forgot to mention, the claim form says the notice was issued at 6.30pm, and I'm pretty sure the car park is free after 6pm aswell..!

Coupon-mad

Mut12345 wrote: »

Hi thanks for your reply, yeah i did read this thread, that's what has given me hope! I'm not sure though what he used as the defence and would taking photos of signage now be helpful if it was over a year ago? saying that could I use his photos from before?

I forgot to mention, the claim form says the notice was issued at 6.30pm, and I'm pretty sure the car park is free after 6pm aswell..!

I would go and get some photos now, including inside the Gym reception, or even a video on your phone showing the driving route through the car park, followed by the walking route from car to Gym front desk, proving that NO prominent terms appear in view anywhere.

Take your photos or video in the same light conditions as on the date of the parking event.

So far have just done the MCOL and sent my AoS to the courts, and wondering where to go from here?

Defence. Show us your draft, like everyone else does, based on others you read here.

See other Excel defence threads.

And read the NEWBIES thread links; there is a pattern to the wording.

Mut12345

Hi guys, so just a quick update, after some back and forth with the gym (and thanks to some excellent help from fostany99 on the other thread) the landlord has agreed to help cancel the claim. :T:T:TIs there any way I can check if the claim has been cancelled on the MCOL or with the Northampton Courts side??

Many thanks for all your support

Coupon-mad

I would absolutely categorically NOT assume it is cancelled - that way lies a CCJ.

You need to do the defence anyway. Sorry, but you MUST.