• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

BW Legal Final Notice letter advice

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #61
    Re: BW Legal Final Notice letter advice

    Dear Bw Legal,

    Thank you for your letter of xxxx the contents of which are noted.

    As you will no doubt be aware, as i have explained before, 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. My position has not changed and should you proceed to court your claim will be strongly refuted.

    Yours Sincerely



    M1

    Comment


    • #62
      Dear members,

      It has been over a year now since our last correspondence and they have reared their ugly head yet again!

      Please support with writing a letter to these pests.

      To make matters more complicated, I am living overseas. Is it possible to respond saying I’m out of the country and or will this not even matter? My father is saying can he write a letter back saying I am no longer a resident at the household. Maybe they will give up.

      If this is not plausible, please go ahead and suggest a template letter I can send.

      I will upload more pages later as I need to resize them.

      Comment

      View our Terms and Conditions

      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
      Working...
      X