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Claim Form Received from BW Legal originating from Excel Parking Services

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  • #16
    Re: Claim Form Received from BW Legal originating from Excel Parking Services

    Wait until you have to reply. They probably won't send it anyway.

    M1

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    • #17
      Re: Claim Form Received from BW Legal originating from Excel Parking Services

      Not received PCN yet but Excel have sent a counter offer of £160. Do I need to respond or do I just wait for the hearing

      Comment


      • #18
        Re: Claim Form Received from BW Legal originating from Excel Parking Services

        Personal choice. Hopefully means they are getting ready to abandon ship. Certainly means that with a Gladstones claim.

        M1

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        • #19
          Re: Claim Form Received from BW Legal originating from Excel Parking Services

          Hi,

          Unfortunately I received a copy of the PCN on Friday (attached). However it was addressed to my previous address which is why I haven't seen it.

          Thanks

          Ben
          Attached Files

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          • #20
            Re: Claim Form Received from BW Legal originating from Excel Parking Services

            Hi Help Please,

            My hearing is on the 24th MArch at 2pm and it says I need to submit anything refererred to in court beforehand. What is it that I should be submitting or can I just turn up and argue against the claim?

            Many Thanks

            Ben

            Comment


            • #21
              Re: Claim Form Received from BW Legal originating from Excel Parking Services

              Have Excel sent anything to you ?

              You need a witness statement which includes the fact you were not the driver.

              You need a copy of PoFA 2012 http://www.legislation.gov.uk/ukpga/...ntents/enacted

              A copy of http://popla.co.uk/docs/default-sour...5.pdf?sfvrsn=2

              Page 15

              However keeper information is obtained, there is no ‘reasonable presumption’ in
              law that the registered keeper of a vehicle is the driver. Operators should never
              suggest anything of the sort. Further, a failure by the recipient of a notice issued
              under Schedule 4 to name the driver, does not of itself mean that the recipient
              has accepted that they were the driver at the material time. Unlike, for example,
              a Notice of Intended Prosecution where details of the driver of a vehicle must
              be supplied when requested by the police, pursuant to Section 172 of the Road
              Traffic Act 1988, a keeper sent a Schedule 4 notice has no legal obligation to
              name the driver. Any evidence in this regard may therefore be highly relevant.



              http://nebula.wsimg.com/ab774da5f40c...&alloworigin=1

              That case needs printed, read and understood. It is on point and persuasive.

              M1

              Comment

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