IMPORTANT REMINDER: Please make sure your posts do not contain any personally identifiable information. If you are uploading images, please take extra care that you have redacted all personal information.

BW Legal - Shocking

I'll keep it brief (ish)..............

Feb 2014 - Parking offence, caught on camera entering car park and leaving 15 mins later (blissfully unaware of this). Never received any charge notices.

Sept 2014 - Moved house and notified DVLA to change address on Reg Doc for vehicle in question. DVLA sent new Reg Doc in Oct 14. Also had Royal Mail Redirection for 12 months, nothing received in this time either.

Present day (i.e. Dec 2016), on checking my credit file via Credit Expert I found my score had dropped dramatically due to a CCJ for £275 being issued on 30th Nov in the Northampton Court (bulk clearing centre). Rang the court and they gave me the details of the CCJ as being Excel Parking with the solicitors handing the case being BW Legal. The court informed me that BW Legal are the only ones that could cancel the CCJ (by paying within 30 days) or I could apply to the court to have it set aside (this could take months/years and my credit file would still be affected until resolved).

Rang BW Legal to ask what it's all about. They explained that it related to a parking charge (in a local car park I am aware of) and they said they had a photo of the car reg plate going in and out of the car park. They said "me not receiving post is not their responsibility" so as they had no replies they took it to court. I asked if any of the post was ever sent Recorded or Special Delivery, they said they didn't know as it was their client (Excel) that sent the original charge notices.

After 1hr 15mins on the phone I was left with little choice but to pay the £275.00 :( If I had not paid within 30 days of the CCJ, it would remain on file for 6 years (unless I could have got it set aside). Being as today is only 15 days before the deadline (and Xmas coming up) it would have been very difficult to get all the information from Excel Parking (via BW Legal) to me in time to review and respond.

I argued on the phone that had I known about the parking charge I either would have paid it or defended it and that had Excel bothered rechecking the vehicle reg number when they had no response from me, they would have been notified by DVLA that I had moved. They could have then quite easily contacted me at my new address. BW Legal took the case on in June this year and "tried" contacting me with the only address they had (provided by Excel from the DVLA before moving).

I've ended up paying £275.00 (for what was originally £60.00) within 30 days of the CCJ so this will be cancelled and I will receive notice in writing (I'll await my credit file being updated to see when it actually disappears). BW Legal kept saying on the phone that by paying I am accepting liability to which I answered each time, "I'm not accepting liability, I am paying because I have no choice if I want the CCJ cancelled rather than risk not getting it set aside at a later date"

I have requested that BW Legal tell their client (Excel) to send ALL documents they have under the Data Protection Act to my NEW address so I can review them and take the matter further. They have said they will do this (will wait and see) but added that the money cannot be refunded or reduced once it's been paid. I suggested that after reviewing the documents that I have never seen that I can always raise an invoice and send it to Excel :D The BW Legal agent didn't really have a clue and kept putting me on hold to get advice from a supervisor.

Lots more was said but the above is a snapshot of what's gone on, at the end of the call the agent had to run through everything that was said, I informed them that I would record the summary and off she went. 10 mins later, summary over, she bid me a good day and hung up.

In essence BW Legal are a shower of s**t and the legal system allowing a CCJ to be issued without a defendants knowledge of any offence is a joke. Had I not happened to check my credit file for another 2 weeks I would have been well and truly screwed :mad:

There's not really any questions here but your comments/advice would be welcomed.

Have a great Christmas everyone (except Excel Parking and BW Legal, hope yours is crap).
«1

Replies

  • SystemSystem Forumite, Community Admin
    177.9K Posts
    10,000 Posts Name Dropper
    ✭✭✭✭✭✭
    Two main choices. "With consent" set aside at £100 or "without consent" at £255. You get the money back if you win.

    Or pay them if you don't have the time (and what they are hoping for)

    If you have the time, go for the £255 option, and add on a claim against them for £750 for the abuse of your personal details. Ups the anti at a modest additional cost of £25
  • pappa_golfpappa_golf Forumite
    8.9K Posts
    1,000 Posts Combo Breaker
    ✭✭✭✭
    OMG,

    you paid!!!

    you could have easily got onto the court and got a setaside

    you have just been credit clamped!!

    read this , inc lonk to daily mail http://forums.moneysavingexpert.com/showthread.php?t=5524754&highlight=mrs+may

    you have NO comeback to the parking co or BW now as you have paid
    Save a Rachael

    buy a share in crapita
  • pappa_golfpappa_golf Forumite
    8.9K Posts
    1,000 Posts Combo Breaker
    ✭✭✭✭
    Two main choices. "With consent" set aside at £100 or "without consent" at £255. You get the money back if you win.

    Or pay them if you don't have the time (and what they are hoping for)

    If you have the time, go for the £255 option, and add on a claim against them for £750 for the abuse of your personal details. Ups the anti at a modest additional cost of £25


    she paid over the phone ,,,,,,,,,,,,,
    Save a Rachael

    buy a share in crapita
  • edited 15 December 2016 at 6:23PM
    Coupon-madCoupon-mad
    105.7K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ✭✭✭✭✭✭
    edited 15 December 2016 at 6:23PM
    had Excel bothered rechecking the vehicle reg number when they had no response from me, they would have been notified by DVLA that I had moved. They could have then quite easily contacted me at my new address.
    They couldn't. Not allowed to access the DVLA twice, although there are moves to make these companies make efforts to trace people.

    Not sure why you didn't ask here first and find out more about getting it set aside.
    or I could apply to the court to have it set aside (this could take months/years and my credit file would still be affected until resolved).
    That is not true. It would take months all told, to defend it but once set aside, the CCJ would have been wiped and you would have been back to square one like this poster (and he got his £255 set aside fee refunded by Excel!):

    http://forums.moneysavingexpert.com/showthread.php?t=5544358

    You could have come here and done that, with some help and advice. We would NEVER EVER have told you to phone BW Legal. Why on earth did you do that instead of coming here and asking first, even for the sake of waiting 24 hours? Too late now, you have paid it, but get your own back.

    Send full details of what has happened to you, to:

    - your MP
    - Mrs May
    - The DCLG (specially for the attention of Marcus Jones):

    http://forums.moneysavingexpert.com/showthread.php?p=71718094#post71718094

    HTH
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Sadly I paid, yes :mad: I thought (wrongly) that the CCJ was final and could only be wiped if B*****d W***ers Legal notified them that payment had been made within 30 days :( It was only after searching on the net that I came across this forum AFTER I paid :embarasse

    Even though I've sailed myself up the river and have no legal redress against either BW or Excel, I'm going to make it my mission to create a small amount of misery for them. I've requested under the Data Protection Act that BW instruct Excel to provide me with every bit of info they have regarding my "offence" and to include ALL documentation that was supposedly sent to me over the last 2 years (hoping that will tie somebody up for a couple of hours). I've also requested a transcript of my 75 min phone conversation with BW today (not sure if they have to provide this but worth requesting) along with any notes made during the call.

    If and when I receive the info, I'll send copies to my MP (probably to be ignored or acknowledged with a standard letter from their secretary). I also plan lengthy responses to BW and Excel to give them something to read.

    I feel daft having fallen into the Credit Clamp trick and may not have done if the County Court had said I still had the Set Aside option :embarasse

    Oh well, it'll be Christmas soon.
  • Guys_DadGuys_Dad Forumite
    11K Posts
    10,000 Posts Combo Breaker
    ✭✭✭✭✭
    BW and Excel are two distinct entities. As legal reps of Excel, BW have certain immunity under client privilege and need not disclose anything to you. They are also not in a position to instruct their client anything.

    You will need to approach Excel directly. My advice to you - and it is intended to be helpful - is to spend an hour reading up on the DP Act and Subject Access to avoid appearing to be badly informed barrack room lawyer to the PPC.
  • edited 15 December 2016 at 9:02PM
    pappa_golfpappa_golf Forumite
    8.9K Posts
    1,000 Posts Combo Breaker
    ✭✭✭✭
    edited 15 December 2016 at 9:02PM
    the parking Co can only get your info ONCE from the DVLA , in the case of a ANPR ticket within 14 days

    that is UK law ,

    did the company not write to you within 14 days and send follow up letter a minth later?


    if not , you may like to check if the DVLA gave your details around that time and indeed what address they gave

    fill in and send this letter by royal mail

    Example Letter

    [Your Address]

    DVLA Vehicle Record Enquiries section

    Longview Road

    Morriston

    Swansea

    SA99 1AJ

    Dear Sirs

    Re: VRM AB12 XYZ

    As the Registered Keeper of the above VRM could you advise who has accessed my personal details with regards to this marque, how often and when did the DVLA send the keeper details out. Please advise the information with regards to events between <week before offence> and <56 days after offence>

    I understand there is no charge for this information and look forward to your speedy reply.

    Yours faithfully

    Mr Registered Keeper


    adding what address was given to people
    Save a Rachael

    buy a share in crapita
  • Thank you I'll do that!

    I have never received ANY communication from the Parking Co (Excel) from the day of the offence up to when I moved house (7 months after the offence) and subsequently nothing to my new house (after I changed the Reg Doc with DVLA). BW Legal just said it's not their responsibility to ensure mail is delivered and they wouldn't be drawn on if anything was ever sent Royal Mail Signed For or Special Delivery.

    I am no longer the owner/keeper of the vehicle but that only came about last month so is irrelevant to the case.

    Ultimately I've been a knob and paid them but will not rest without trying to cause some grief :mad:
  • Guys_DadGuys_Dad Forumite
    11K Posts
    10,000 Posts Combo Breaker
    ✭✭✭✭✭
    wakeylux wrote: »

    I am no longer the owner/keeper of the vehicle but that only came about last month so is irrelevant to the case.

    Ultimately I've been a knob and paid them but will not rest without trying to cause some grief :mad:

    I applaud that. But make sure you do it effectively and address the proper people as suggested.
  • fil_cadfil_cad Forumite
    834 Posts
    Part of the Furniture 500 Posts Photogenic
    ✭✭✭
    Excel and BW don't give a diddly squat, roll on the day when they fold
    PPCs say its carpark management, BPA say its raising standards..... we all know its just about raking in the revenue. :eek:
This discussion has been closed.
Latest MSE News and Guides

NS&I to change Premium Bond prize rate

It will rise to 1.40% from June

MSE News

Compers of the MSE Forum:

Show us the prizes you've won recently

Join the MSE Forum discussion