BW legal/Excel pursuit of fine nearly 6yrs old

[Smiler]

Hello,

I'd appreciate any advice you can give to me regarding BW legal pursuing me for a fine issued in 2011!!!

The driver basically didn't realise they had to buy a ticket for using a retail outlet carpark which they went shopping in as they were unfamiliar with the area. They felt the the fine was excessive so ignored it and all the threats from Excel Parking. They eventually stopped sending letters however a letter was recently received from BW legal. It was ignored but have now received a standard Final Notice letter for a £100 fine and £54 for their clients initial legal fees.

My understanding is that there is a 6 year time limit which Is fastly approaching and that BW maybe targeting outstanding claims nearing the 6 yr mark. Any advice on how to play this? I have no intention of paying but I'm not sure I can deal with the hassle of court. I would love to drag this out until the 6 yrs are up which should be in about 3 months, but how?

Do I ignore them and wait for the next letter or enter into dialogue with them? I'm pretty sure they may also be trying to contact me by phone. Can they speed up the process if they think I am stalking them?

Many thanks in advance for your help.

Smiler ��

[mystery1]

Re: BW legal/Excel pursuit of fine nearly 6yrs old

I would wait for the letter of claim to arrive then send a reply. Pre keeper liability claims are very tough for them when they have no idea or proof of the drivers identity.

It's a hail mary before the cause of action becomes statute barred, as you say.

M1

[Smiler]

Re: BW legal/Excel pursuit of fine nearly 6yrs old

Ok thanks. Can you give me an idea of how I should respond when they send me the the letter of claim? Should I ask for proof/photos. I suppose I want to drag this out As long as I can.

Thanks in advance

[mystery1]

Re: BW legal/Excel pursuit of fine nearly 6yrs old

Along the lines of :-

Edit to suit.

Dear BW Legal,






I write in response to your letter before action dated xxxth July 2016, the contents of which are noted.
















As the pre action protocols expect us to exchange sufficient information to understand each others position please forward to myself the original parking charge notice and a picture of the signs at the location as well as the operators contract which allows them to operate at the site (or indeed confirmation they own the land in question).
















As well as the information already requested please answer the following questions :-
















What type of car park is it ?
















What contravention gives a cause of action ?
















Who contravened your rules ?
















Who you are pursuing ?
















Have you followed the rules laid down in the Protection of freedoms act 2012 schedule 4 ?
















How is the £254 made up ?
















Not only will this information help comply with the pre action protocols it will also help achieve the over riding objective.
















Having done some research on your claims i request that if you ignore my requests for information that your claim complies with
















CPR 16
















Contents of the claim form
16.2
(1) The claim form must –
(a) contain a concise statement of the nature of the claim
















Contents of the particulars of claim
16.4
(1) Particulars of claim must include –
(a) a concise statement of the facts on which the claimant relies;
















Practice direction 16
















Other matters to be included in particulars of claim












7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.
















Practice direction 22
















Who may sign the statement of truth
3.1 In a statement of case, a response or an application notice, the statement of truth must be signed by
















(2) the legal representative of the party or litigation friend.
















3.7 Where a party is legally represented, the legal representative may sign the statement of truth on his behalf. The statement signed by the legal representative will refer to the client’s belief, not his own. In signing he must state the capacity in which he signs and the name of his firm where appropriate.
















3.9 The individual who signs a statement of truth must print his full name clearly beneath his signature.
















3.10 A legal representative who signs a statement of truth must sign in his own name and not that of his firm or employer.
































Practice direction 7E
















Signature
10 Any provision of the CPR which requires a document to be signed by any person is satisfied by that person entering their name on an online form.














I await your response.
















Yours sincerely








M1

M1

[Smiler]

Re: BW legal/Excel pursuit of fine nearly 6yrs old

Thank you so much. One more thing, the final notice states that if I do not respond within 17 days their client has instructed them to commence county court proceedings. I presume the letter of claim would have to be sent to me before hand?

Thanks

[mystery1]

Re: BW legal/Excel pursuit of fine nearly 6yrs old

It should be but the penalty lies in costs for not following procedure rather than gtfo of my court you useless piece of crap, so it can be done but shouldn't be.

M1

[Smiler]

Re: BW legal/Excel pursuit of fine nearly 6yrs old

Hello,

The Letter of Claim has arrived. (See attached).

Do I proceed with the template you sent me? Is there anything in the letter that I should be concerned about?

Your words of wisdom would be greatly appreciated.

Many thanks

[mystery1]

Re: BW legal/Excel pursuit of fine nearly 6yrs old

I would send as advised, but i would wait until nearer the deadline as the clock is ticking towards the 6 year deadline to lodge a claim. If the RK was not the driver state this too.

M1

[Smiler]

Re: BW legal/Excel pursuit of fine nearly 6yrs old

Thank you again. Should I send by registered post or email?

I know you haven't got a crystal ball but I guess you have seen countless cases like mine. Bearing in mind the deadline is fast approaching, what would you say there next steps would be?

Thanks

[mystery1]

Re: BW legal/Excel pursuit of fine nearly 6yrs old

Email.

A court claim i'd guess, a holding letter if you are lucky.

M1