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Thread: BW Legal Final Notice letter advice

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  1. #51
    mystery1's Avatar

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    Default Re: BW Legal Final Notice letter advice

    Unless i was feeling particularly spiteful, i would just wait. The longer the wait the longer it could be until they issue court papers, if indeed they even do.

    I think it's a 12 month time limit to complain to the ombudsman. No rush, IMO.

    M1
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    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

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  2. #52
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    Default Re: BW Legal Final Notice letter advice

    I have eight weeks. I will leave it for a while and get back to you on what I should write if that's ok.

    What is my defence so far though? In a nutshell I parked in a no parking area in which they have evidence of "sufficient" signage but it was not well-lit. Also to note, was that my friend also parked in the same spot and wrote to Poundland at the time and was let off...

  3. #53
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    Default Re: BW Legal Final Notice letter advice

    Have you spoken to poundland ?

    If there was No Parking then the sign cannot create a contract. http://nebula.wsimg.com/b84a6ffd1e35...&alloworigin=1

    M1
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    Private messages are off as all help on this site is on board.

    Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email [email protected] if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

  4. #54
    todd89's Avatar

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    Default Re: BW Legal Final Notice letter advice

    Yes and now Poundland are no longer there and I tried to contact the current owners to no avail. So my defence thus far is purely that- no contract and I go with the letters what you've helped me with?

  5. #55
    mystery1's Avatar

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    Default Re: BW Legal Final Notice letter advice

    It's certainly a big chunk of your defence.

    The letters have been about getting information in case they start a claim. Until such times we are just following procedure and stalling.

    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.

    Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email [email protected] if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

  6. #56
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    Default Re: BW Legal Final Notice letter advice

    Hi M1,

    They have finally sent me a letter acknowledging my complaint emails, but they are saying that they did not fail to respond to my emails as they sent letters after each one saying to contact them. In my opinion they did not acknowledge the emails on both letters. They are saying I am the one who has ignored them on three occasions - which you guys did say to ignore. After the email I sent on January 1st they sent me the letter dated Feb 14 which I put on here (you removed as I didn't cover the address) they didn't acknowledge the email - just saying - further to our letter dated Nov 24 we want payment and have yet to receive a response to our letter but an email was sent on Nov 24 and Jan 1st. Correct me if I'm wrong but the letter dated Feb 14 should have made reference to my email.

    They have also also sent me pictures again of the car. What's the next step? Yes I did ignore some letters but did respond to most.
    Attached Thumbnails Attached Thumbnails IMG_4923.jpg   IMG_4924.jpg  
    Last edited by todd89; 9th April 2017 at 19:23:PM.

  7. #57
    mystery1's Avatar

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    Default Re: BW Legal Final Notice letter advice

    There is a difference in sending a "reply" and addressing the contents of a letter. The chances of them admitting they didn't take the detail of your letter in to consideration are pretty low.

    You can continue to play letter ping pong or you can see if they're brave enough for court (if choosing this option i'd send 1 strong letter setting out your position and tell them you will not respond to any more template begging letters although if a letter arrives that does address your letter you reserve the right of reply. Otherwise take me to court and stop harassing me).

    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.

    Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email [email protected] if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

  8. #58
    todd89's Avatar

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    Default Re: BW Legal Final Notice letter advice

    Thanks. Will send another email and see what happens. I'm working overseas until June 6. I would prefer to be back in the UK before thinking about getting them to court.

    So you will not be able to help me construct a letter for court?
    Last edited by todd89; 10th April 2017 at 18:10:PM.

  9. #59
    mystery1's Avatar

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    Default Re: BW Legal Final Notice letter advice

    So you will not be able to help me construct a letter for court?
    A letter for court ?

    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.

    Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email [email protected] if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

  10. #60
    todd89's Avatar

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    Default Re: BW Legal Final Notice letter advice

    Quote Originally Posted by mystery1 View Post
    You can continue to play letter ping pong or you can see if they're brave enough for court (if choosing this option i'd send 1 strong letter setting out your position and tell them you will not respond to any more template begging letters although if a letter arrives that does address your letter you reserve the right of reply. Otherwise take me to court and stop harassing me).

    M1
    A strong letter setting out my position. Can you help because I'm none the wiser after sending many letters which you have basically constructed. My position is regarding no contract and then saying I won't respond to anymore template begging letters etc etc if you can make it clear what my position is - my defence in a strong way then I'll go to court because I've had enough of this.

  11. #61
    mystery1's Avatar

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    Default 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
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.

    Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email [email protected] if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

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