BW Legal Final Notice letter advice

[todd89]

Re: BW Legal Final Notice letter advice

I am not in the U.K. and won't be back until June. Are emails
not sufficient?

[todd89]

Re: BW Legal Final Notice letter advice

I am not in the U.K. and won't be back until June. Are emails
not sufficient?

Ok I am just going to send this, thoughts?

FAO SEAN BARTON CEO

Dear Mr Barton,I am writing inreference to my parking fine which happened on March 14 2015.
The letters dated14.11.16 and 28.12.16 were responded to via email to which your team failed to acknowledge.
Please find attached thetwo emails which respond to the letters in question.

I look forward to hearing from you.

Todd 89

[marmitex1234]

Re: BW Legal Final Notice letter advice

Head email formal complaint

Marmite

[todd89]

Re: BW Legal Final Notice letter advice

My parents will send a letter for me.

I will put Formal Complaint with the FAO. Thanks

[mystery1]

Re: BW Legal Final Notice letter advice

http://legalbeagles.info/forums/show...ht=#post712611


They try and grind you down. Just pick anyone from that thread and keep amending ever time a new piece of bogroll arrives.

M1

[todd89]

Re: BW Legal Final Notice letter advice

Thanks for the reply M1. So do the following every time and choose one of the options as I've done so below?


Dear Sirs,


I, as registered keeper, wish to invoke your appeals procedure. The driver saw no signs.


I note that the notice to keeper is fundamentally flawed when compared to the protection of freedoms act 2012 schedule 4 paragraphs 7/8.


Should you reject my appeal, please supply a popla code.


Yours sincerely

[mystery1]

Re: BW Legal Final Notice letter advice

Thanks for the reply M1. So do the following every time and choose one of the options as I've done so below?


Dear Sirs,


I, as registered keeper, wish to invoke your appeals procedure. The driver saw no signs.


I note that the notice to keeper is fundamentally flawed when compared to the protection of freedoms act 2012 schedule 4 paragraphs 7/8.


Should you reject my appeal, please supply a popla code.


Yours sincerely

I posted the wrong link. Should have been http://legalbeagles.info/forums/show...ht=#post712611

M1

[todd89]

Re: BW Legal Final Notice letter advice

M1,

I am out of my depth with this. The thread you provided me with refers to a situation which is a bit different to mine.

[mystery1]

Re: BW Legal Final Notice letter advice

Dear Bw Legal,

Thank you for your letter of 14th November 2016 the contents of which are noted.

As you will no doubt be aware, parking companies and their solicitors, including yourselves, have recently lost a number of court cases in similar scenarios.

1. PCM-UK v Bull et all B4GF26K6 [2016], residents were parking on access roads. The signage forbade parking and so no contract was in place.

2. UKPC v Masterson B4GF26K6[2016] it was also found the signage was forbidding and so the matter was one of trespass. The parking company did not have standing to claim.

3. Horizon Parking v Mr J C5GF17X2 [2016] it was also found the signage was forbidding and so the matter was one of trespass. The parking company did not have standing to claim.

4. Excel Parking v Mr TS C8DP67P5 Elliott v Loake is irrelevant in a civil case with no proof and no "assumption" is permitted.

5. Excel v Mr L. 17/11/2016 Skipton "The judge dismissed the claim, summing it up as follows, saying it boiled down to two things.1. Either the claimant could PROVE the defendant was the driver... which they obviously couldn't.
Or
2. They could comply with PoFA to pursue the defendant as the keeper... which it was proved they did not."

6. Excel v Mr C C8DP37F1 Stockport 31/10/2016 Elliott v Loake is not persuasive and can be distinguished, the claim was dismissed.


Amongst others.

In this case you claim that the area is "permit only" and thus there can be no contract. You also want to utilise Elliott v Loake which has been debunked several times already.

Your "case" is hopeless.

Yours Sincerely



Some of these cases are available http://www.parking-prankster.com/case-law.html the rest are mentioned on his blog http://parking-prankster.blogspot.co.uk/

You could appeal to IAS if it lets you. It's strange that it's on offer so late in the day. If you do use the above info but appeal as the REGISTERED KEEPER and don't expect to win. If you do, bonus.

M1

Contact poundland and see if they'll help.


I would reply something like

Dear BW Legal,

I write in response to your final notice which i take to be a letter before action dated 10th June 2016, the contents of which are noted.

As the pre action protocols expect us to exchange sufficient information to understand each others position please forward to myself the original parking charge notice and a picture of the signs at the location as well as the operators contract which allows them to operate at the site (or indeed confirmation they own the land in question).

As well as the information already requested please answer the following questions :-

What type of car park is it ?

What contravention gives a cause of action ?

Who contravened your rules ?

Who you are pursuing ?

Have you followed the rules laid down in the Protection of freedoms act 2012 schedule 4 ?

How is the Ł154 made up ?

Not only will this information help comply with the pre action protocols it will also help achieve the over riding objective.

Having done some research on your claims i request that if you ignore my requests for information that your claim complies with

CPR 16

Contents of the claim form
16.2
(1) The claim form must –
(a) contain a concise statement of the nature of the claim

Contents of the particulars of claim
16.4
(1) Particulars of claim must include –
(a) a concise statement of the facts on which the claimant relies;

Practice direction 16

Other matters to be included in particulars of claim




7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.


Practice direction 22

Who may sign the statement of truth
3.1 In a statement of case, a response or an application notice, the statement of truth must be signed by

(2) the legal representative of the party or litigation friend.

3.7 Where a party is legally represented, the legal representative may sign the statement of truth on his behalf. The statement signed by the legal representative will refer to the client’s belief, not his own. In signing he must state the capacity in which he signs and the name of his firm where appropriate.

3.9 The individual who signs a statement of truth must print his full name clearly beneath his signature.

3.10 A legal representative who signs a statement of truth must sign in his own name and not that of his firm or employer.


Practice direction 7E

Signature
10 Any provision of the CPR which requires a document to be signed by any person is satisfied by that person entering their name on an online form.



I await your response.

Yours sincerely



Send via email if possible.

M1

Dear excel,

Thank you for your letter of 14the February the contents of which are noted. I refer you to my previous email of xxxxxx and note that you have not answered it nor provided the information i sought in my email of xxxxxx. My position has not changed.

Yours etc

M1

[Amethyst]

Re: BW Legal Final Notice letter advice

Unapproved attachments for privacy xx

[mystery1]

Re: BW Legal Final Notice letter advice

Unapproved attachments for privacy xx

I thought i'd already done that. Oops.

M1

[todd89]

Re: BW Legal Final Notice letter advice

Hi Guys,

Got a response on March 15th regarding the complaint I made for their lack of response to the emails you helped me put together.

They have now mentioned something about an Ombudsman getting involved and an 'eight week notification letter"

Is this a step in the right direction or does it further complicate the matter.

I hope you can advise on the next step.

Thanks

[marmitex1234]

Re: BW Legal Final Notice letter advice

Just about a word for word reply same as mine on page 1
page 2 and 3 slightly different
My 8 week deadline ended almost 2 weeks ago
Looking on the black side IF the ombudsman comes to the conclusion they have done nothing wrong BWL will send you another threatogram saying something like " The ombudsmans service have investigated your complaint and found that we are acting appropriatley so pay up"
I am in the same boat --- waiting

Marmite

[todd89]

Re: BW Legal Final Notice letter advice

Hi Marmite,

Same as yours on page 1, and 2/3 slightly different? What are you referring to? Can you provide a link.

[todd89]

Re: BW Legal Final Notice letter advice

Anyone?