Excell parking..bw legal threat of court proceedings

Terry78

Good evening,

I am rather worried as i had 4 parking tickets in 2014 from excell parking from parking without a ticket at a retail park on 4 seperate occasions
I did nothing after reading on this forum not to acknowledge them.
The warning letters started to come through the post with increased charges and then discounts if i paid, then nothing again for a while and then passed onto various debt recovery companies and then nothing for a good while until tonight i received a letter from excell saying its now been passed to the legal team bw legal. A letter from bw was included stating unless i respond by the 17th December with either and explaination as to why no payment has been made or i make the payment in full. Then a further breakdown of costs added if it goes to court and threat of possible ccjs.

I am at a loss as to if i continue to ignore as per previous advice from this forum or its at the stage where i need to act now and what my options are and if i need to engage them what do i say?

Many thanks in advance for any advice and support

onlyfoolsandparking

It has not been advised to ignore since late 2012 however you are where you are.


It would now be advisable to go to the newbies section and read up on the game you are now firmly involved in, you say you have 4 tickets from 2014, have you replied to anything or had any contact with excel scammers?


If not then a continuance of ignoring is the way FOR NOW!


If you have had ANY contact with the scammers OR BW lying legal then your definitely in it for the long haul, its a long shot me saying carry on ignoring and if you identify the letter from BW as a LBA/LBCCC then you cannot ignore!, if its a dressed up debt beggers letter then safe to carry on ignoring.


The newbies section tells you exactly how to rebut a LBA/LBCCC so up to you whether you fight or flight but with 4 PCN,s its in the scammers interest to chase you for payment and excel do go to court good news is they get a kicking by people who defend the right way.

beamerguy

Terry78 wrote: »

Good evening,

I am rather worried as i had 4 parking tickets in 2014 from excell parking from parking without a ticket at a retail park on 4 seperate occasions
I did nothing after reading on this forum not to acknowledge them.
The warning letters started to come through the post with increased charges and then discounts if i paid, then nothing again for a while and then passed onto various debt recovery companies and then nothing for a good while until tonight i received a letter from excell saying its now been passed to the legal team bw legal. A letter from bw was included stating unless i respond by the 17th December with either and explaination as to why no payment has been made or i make the payment in full. Then a further breakdown of costs added if it goes to court and threat of possible ccjs.

I am at a loss as to if i continue to ignore as per previous advice from this forum or its at the stage where i need to act now and what my options are and if i need to engage them what do i say?

Many thanks in advance for any advice and support

Excel and BWLegal ........ thought Excel had sacked BWLegal because they screwed up so many of their cases ....

BWLegal - the list of failures growing
https://forums.moneysavingexpert.com/discussion/5672664/bwlegal-the-list-of-failures-growing

Oh well, as they require a reply by the 17th Dec, it sounds like a LBA which should be headed LETTER BEFORE ACTION or similar.

If so, within this letter it must prove any claim against you.
A real LBA will enclose various forms to which you can ignore.

This threat of CCJ's is borne out of ignorance from BWL

READ THIS
The CCJ Myth and threats EXPOSED

https://forums.moneysavingexpert.com/discussion/5849106/the-ccj-myth-and-threats-and-lies-told-by-debt-collectors-and-ppcs-exposed&highlight=myth

So does this letter from BWLegal prove their claim ????

Terry78

onlyfoolsandparking wrote: »

It has not been advised to ignore since late 2012 however you are where you are.


It would now be advisable to go to the newbies section and read up on the game you are now firmly involved in, you say you have 4 tickets from 2014, have you replied to anything or had any contact with excel scammers?


If not then a continuance of ignoring is the way FOR NOW!


If you have had ANY contact with the scammers OR BW lying legal then your definitely in it for the long haul, its a long shot me saying carry on ignoring and if you identify the letter from BW as a LBA/LBCCC then you cannot ignore!, if its a dressed up debt beggers letter then safe to carry on ignoring.


The newbies section tells you exactly how to rebut a LBA/LBCCC so up to you whether you fight or flight but with 4 PCN,s its in the scammers interest to chase you for payment and excel do go to court good news is they get a kicking by people who defend the right way.

Thank you for taking the time out to respond, i have made no contact at all to date with excell or bw legal. They have sent me letters that have all gone straight in the bin apart from the one i have recieved today from bw legal as it states the excell have instructed them to to take legal action against me in the way of a claim against me in the county court unless i pay. This letter seems more serious than the others hence its not gone in the bin, i have still not responded to them thoughand have come to this forum for advice on what i should do if anything. I am not sure if the letter is a LBA/LBCCC as im unsure what that is? Or where to look and identify it on the letter?
Any pointers? Many thanks again

beamerguy

Terry78 wrote: »

I am not sure if the letter is a LBA/LBCCC as im unsure what that is? Or where to look and identify it on the letter?
Any pointers? Many thanks again

Scan the letter but remove all personal info.

Upload to a free hosting site, post the link using hxxp not http and we will make it live

We can then say what it is ..... don't worry you have up to the 17th Dec to reply which you should do 2-3 days earlier

Terry78

beamerguy wrote: »

Scan the letter but remove all personal info.

Upload to a free hosting site, post the link using hxxp not http and we will make it live

We can then say what it is ..... don't worry you have up to the 17th Dec to reply which you should do 2-3 days earlier

Thanks again, i will scan it in monday when back at work.. it says at the top of the first page "letter of claim"

Can i go down a route of defence that this was 4 years ago and i cant remember who was driving the car? There was no ticket system at the retail park its done off reg number at the machine i think and camera. Also as a second option, if i decide not to defend and after a conversation find that i remeber after discussing with the family who was driving on the 4 occasions, and name the person. Will the process start from the begining with the named person and an option to pay the original fee with no added costs etc?

beamerguy

Terry78 wrote: »

Thanks again, i will scan it in monday when back at work.. it says at the top of the first page "letter of claim"

Can i go down a route of defence that this was 4 years ago and i cant remember who was driving the car? There was no ticket system at the retail park its done off reg number at the machine i think and camera. Also as a second option, if i decide not to defend and after a conversation find that i remeber after discussing with the family who was driving on the 4 occasions, and name the person. Will the process start from the begining with the named person and an option to pay the original fee with no added costs etc?

I think to include in the defence that you simply cannot remember 4 years ago as much as the court judges could not remember what happened in their car 4 years ago.

Why has Excel waited for 4 years to bring the claim well knowing that the defendant will have little or no knowledge of this let alone who was diving at the time.

You must create a doubt in the Judges mind about the credibility of the claim

I do not think that by naming the driver 4 years after the event would work .... other may disagree

The_Deep

Of course you cannot remember who was driving on four occasions, four years ago.

For how much are they asking?

Terry78

The_Deep wrote: »

Of course you cannot remember who was driving on four occasions, four years ago.

For how much are they asking?

They are asking for just over £500 and over £700 if it goes to court...

I took this info from the newbies section on if i was to name the driver


2 Not the driver? - Reset the POPLA clock If you are the Registered Keeper, but you were NOT the driver at the time of the 'parking event', you have the opportunity to reset the POPLA clock by identifying the driver. In that case you write to the PPC, acknowledging the LBA, and tell them the driver's name and address.

So am i correct in thinking if i did this then the process would start again but for the driver and the fines would of course revert to the original fine with no costs as the driver has not had the opportunity to pay as they have only just been identified?

Also if i was to ignore the letter just like several other letters ... how can the prove i ever recieved any letter as none have been sent recorded delivery?
And if i ignore the letter of claim what woukd actually happen? And would i still have a chance to defend or would i just be sent a court hearing date? Or would a ruling just be given without me as i didnt respond and wouod this mean a ccj? Really confused

Redx

I doubt that EXCEL would give the driver a popla code or codes after all this time , these should have been appealed 4 years ago like this forum has always recommended since march 2013 (which predates these tickets)

however, EXCEL were BPA members back then as they didnt join the IPC until 2015
Excel Parking Services Limited

Accreditation Start Date: 01/01/2015

the KEEPER can tell them the drivers details (if known) and EXCEL should, repeat "should" harass the driver as the driver cannot hide behind POFA2012. if they continued to pursue a keeper after the keeper named the driver, this would be a part of any defence

the PPC does not have to prove delivery, they only need proof of postage or to convince a judge the letters were sent to the correct name and address, by post , the letters are "deemed to be delivered" 2 days later

ie:- in legal parlance, they send them out by post and are legally determined to have been delivered 2 days later. their WS can easily state this happened and a judge will likely believe them

there is no such thing as "recorded delivery" anyway, its called SIGNED FOR and is marketed as such https://www.royalmail.com/personal/uk-delivery/signed-for-1st-class/

a letter of claim can be ignored, it will likely be followed by an MCOL in the post, which should NOT be ignored if you dont want a default CCJ in your name

yes you must defend if that heppens, or a default judgment will be issued, no hearing date would happen

I think you need to bone up on the MCOL system, its been around since 1973 after all


as for the present, of this is an LBC you are REBUTTING it , not defending it (and certainly not appealing)

KeithP

Redx wrote: »

I think you need to bone up on the MCOL system, its been around since 1973 after all

MCOL has been around since 1973? No, I don't think so.

The 'Small Claims Court' concept has been around since then, but online processing of money claims is definitely a 21st century thing - 2012 rings a bell.