BW Legal Final Notice letter advice

[mystery1]

Re: BW Legal Final Notice letter advice

That's what happens when the pressure doesn't get to you and you don't pay. Sure they may crank the pressure up with a claim but sometimes if you don't look like a soft touch they just decide that there are easier prey for them and you get left alone.

M1

[marmitex1234]

Re: BW Legal Final Notice letter advice

todd89
Lets hope VCS drop it, I wrote a 2 page letter telling them (BW Legal) they were lower than a badgers badger.
Keep us informed
ta
Marmite

[todd89]

Re: BW Legal Final Notice letter advice

Thank you both of you.

I shall indeed keep you informed and ask what the next step is should they continue to "crank" the pressure up.

Todd

[todd89]

Re: BW Legal Final Notice letter advice

Hi guys,

It has been a long time since my last post, however, they are back on me again!

I now have a letter to contact them within 7 working days to discuss the matter as well an attachment of all the correspondence and some photo evidence of my contravention.

Please advise as I am working abroad which probably complicates matters further as I will have trouble contacting them.

Please see attachments.

Hope you guys can help!

[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

[todd89]

Re: BW Legal Final Notice letter advice

Sorry I am confused about the offer being so late in the day comment and the appeal information.

Who will let me appeal to IAS? Should it don't expect to win if I appeal as the registered keeper?

I will send this letter and see what their response is.

[mystery1]

Re: BW Legal Final Notice letter advice

Sorry I am confused about the offer being so late in the day comment and the appeal information.

Page 3 #2 says you can appeal to IAS. That option is usually only offered upon failure of an initial appeal (which must be within 28 days of the ticket).

Who will let me appeal to IAS?

VCS.

The IAS is not known for a fair appeals process. I believe the stated aims are 20% success rate only. How can a fair appeals system have a limit ?

M1

[todd89]

Re: BW Legal Final Notice letter advice

Hi Guys,

Got another letter from these people again... it is the exact same 'final notice' letter that I received in June! What should I do?

They did not reply to the email I sent using the template letter you provided me M1.


Please advise.

[mystery1]

Re: BW Legal Final Notice letter advice

Dear BW Legal,

Thanks for your letter of xxxxx the contents of which are noted. The contents are identical to your letter of xxxxx to which i replied on xxxx and still await a reply. For conieniance i repeat my requests for information.

....... (copy and paste the previous reply here)




Yours Sincerely

M1

[todd89]

Re: BW Legal Final Notice letter advice

Dear BW Legal,

Thanks for your letter of xxxxx the contents of which are noted. The contents are identical to your letter of xxxxx to which i replied on xxxx and still await a reply. For conieniance i repeat my requests for information.

....... (copy and paste the previous reply here)




Yours Sincerely

M1

Copy and paste the email response I sent?

[mystery1]

Re: BW Legal Final Notice letter advice

Yes. Let's them see what you asked and gives them no excuses for ignorance.

M1

[todd89]

Re: BW Legal Final Notice letter advice

I do not have facility to send a letter, which is why I responded with an email. As I've mentioned, the most recent letter dated 28/12 reads verbatim to the letter dated June 10 threatening me with CCJ. Does this show they are merely just trying to scare me because surely they would have issued a CCJ already as its been six months since they threatened that! Seems like they are just regurgitating the same information.

[mystery1]

Re: BW Legal Final Notice letter advice

By email is fine. I prefer email as it's cheaper and if you don't get a bounce message you know it's arrived.

M1

[todd89]

Re: BW Legal Final Notice letter advice

By email is fine. I prefer email as it's cheaper and if you don't get a bounce message you know it's arrived.

M1

Hi M1,

Well they have sent me yet another letter increasing the charge and failing to respond to my two previous emails that you helped me with.

Should I contact them by telephone and tell them to refer to my emails or do you have an alternative suggestion?

Please see the attachments.

Thanks

Todd

[marmitex1234]

Re: BW Legal Final Notice letter advice

Its a standard letter, dont ignore, write back and head your letter formal complaint FAO the CEO (forgot his name, its on their website)
good luck
Marmite