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bw legal/excel clain form recieved
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keepswimming
Posts: 78 Forumite
I have a claim form from Northampton courts thanks to BW and Excel, it relates to a PCN issued in summer 2011, the original PCN has just car driving in and out of a car park late evening showing number plates.
I ve written back to BW legal each time they have sent a letter demanding money, and I have spend hours researching and have read the newbies guide (thank you for posting) just not sure what to do now,
as its some what confusing reading info to ask for part 18 then not to, but ask for cpr 31.14, and the defences I read look good but all seem to be dealing with gladstones and their robot claims.
any help would be great, and i know at this time of year time is precious.
I ve written back to BW legal each time they have sent a letter demanding money, and I have spend hours researching and have read the newbies guide (thank you for posting) just not sure what to do now,
as its some what confusing reading info to ask for part 18 then not to, but ask for cpr 31.14, and the defences I read look good but all seem to be dealing with gladstones and their robot claims.
any help would be great, and i know at this time of year time is precious.
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Comments
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Have you told them who was driving back in 2011?0
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What have you been saying to BWLegal ???
Hope you always referred it to being the keeper.
BWLegal are just like Gladstones in their Robo Claims.
Both have a history in court as being incompetent so start by reading the latest blog from the Parking Prankster and then search the prankster site for BW Legal and Excel.
Excel / BW Legal Incompetence Hits New Low
http://parking-prankster.blogspot.co.uk/2016/12/excel-bw-legal-incompetence-hits-new-low.html0 -
i ve not said who was driving at any point, as for what I ve told BW legal, I ve used some replies I ve found online and debunked anything they have quoted, and I researched the car park in question and it has had its issues.0
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the stress of this an the time I ve spent and need to spend building a case and getting a defence etc, I m inclined to pay, however I may be to far down the rabbit hole as I ve acknowledged the claim online GOV site, and If I have to pay the amount they are taking me to court for I may as well push on, however if I only pay the £150 and they cancel the claim form, it may be worth the lack of sleep.0
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If they don't know the driver you are safe.
They can only pursue the driver over an incident from 20110 -
Do you know who's car park this was in?
Keep a log of hire much time time you are spending on this.From the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"0 -
keepswimming wrote: »the stress of this an the time I ve spent and need to spend building a case and getting a defence etc, I m inclined to pay, however I may be to far down the rabbit hole as I ve acknowledged the claim online GOV site, and If I have to pay the amount they are taking me to court for I may as well push on, however if I only pay the £150 and they cancel the claim form, it may be worth the lack of sleep.
Now it's at the court stage they will not accept any figure other than their full claim so it's best to have your day in court.
It's not a big deal, just a private room sitting around a table, no wigs no judge Rinder sitting in his own box.
As they don't know who was driving, they have to prove beyond doubt who was the driver .... they cannot do that. You are not obliged to say, let alone remember 5 years ago, a judge would not remember where or who was driving his car 5 years ago.
They may try the "assumption" excuse but it's only their assumption and it would be because they after your money.
They may try the "Loake" case and this is how misguided they are because the Loake case was a criminal case whereby the police proved who was driving. This has no bearing to your case whatsoever. The judges know this.
They may try the "Beavis" case which happened in 2015 so nothing to do with you, the judges know that as well
So, all they are left with is "who was the driver"
As you are not obliged to say, it will be up to the judge to decide.
Bear in mind that over the last few months BWLegal have wasted the courts time many times and judges are fully aware of this so it's not a done deal that BWLegal will win and if they produce their normal amount of rubbish, you will win
Prepare your statement of costs for the judge to award you when you win0 -
thanks for the advice, the car park is in Manchester, not sure if I should or shouldn't say which one, I don't want to give anything away to anyone reading, but I suppose that doesn't matter to much. the car park was in the Manchester evening news around that time for problems with its apnr cameras, I ve taken pictures from google maps of the the two entry/exit points plus signs with war and peace on them.
so do I put the pictures in the defence, and/or make ref to the evening news article?
do I send a part 18 request as next step whilst figuring out a defence?
again thanks for the help.
last thing (sorry) I have the original pcn and it along with every letter from bw legal has spelt my name wrong, I ve not corrected them, but my name is on the bottom of everything I ve sent.0 -
keepswimming wrote: »thanks for the advice, the car park is in Manchester, not sure if I should or shouldn't say which one, I don't want to give anything away to anyone reading, but I suppose that doesn't matter to much. the car park was in the Manchester evening news around that time for problems with its apnr cameras, I ve taken pictures from google maps of the the two entry/exit points plus signs with war and peace on them.
so do I put the pictures in the defence, and/or make ref to the evening news article?
do I send a part 18 request as next step whilst figuring out a defence?
again thanks for the help.
last thing (sorry) I have the original pcn and it along with every letter from bw legal has spelt my name wrong, I ve not corrected them, but my name is on the bottom of everything I ve sent.
Yes, provide as much evidence as you can and put Excel and BWLegal to strict proof of the reliability of the ANPR cameras considering the Manchester Evening news article. If you can get a copy of the article then more power to you.
The mis spelling of your name really will not play a part.
Again, judges are fully aware of the flawed ANPR system0 -
PART 18 REQUEST FOR FURTHER INFORMATION
To BW Legal
Re: claim XXX , ref XXXXX
I write with regards to the above mentioned County Court Claim. Please answer the following questions: -
1. Is EXCEL Parking Services Limited making a claim as an agent of the landowner or is EXCEL Parking Services Limited making the claim as occupier in its own right?
2. Is the action founded on a contractual charge, a breach of a contract or trespass ?
3. Is it Excel's position that the defendant was the driver and, if not the driver, has no liability ?
4. Does Excel assert that the signs displayed at the time met the British Parking Association's Code of Practice Appendix B (Entrance signs) or the Independent Parking Committee’s Schedule 1 (Please indicate)
5. Can Excel confirm that it is able and will produce for the court an unredacted copy of its signed contract with the land-owner along with evidence of the design, positioning and content of the signs ?
TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU.
I also require that answers to these questions be verified by a Statement of Truth by an authorised signatory of BW Legal.0
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