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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
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
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