**DISCONTINUED** excel parking services parking fine....

[06868bev]

Re: excel parking services parking fine....

Ok well what will they do then...???

[ostell]

Re: excel parking services parking fine....

When you get confirmation from BT then send a copy of that confirmation to Excel to show that you couldn't have been driving. Also remind them of their statement that they are not using POFA and suggest that they cancel.

If they are pig headed enough to take you to court then the statement that they are not using POFA to hold you liable as the keeper and assuming you are the driver and your statement confirming that you could not have been driving should get you the judgement. As they have been unreasonable in continuing with the case despite the evidence then go for your costs.

[06868bev]

Re: excel parking services parking fine....

Thank you I will repost next week when I have heard from BT...

[06868bev]

Re: excel parking services parking fine....

Hi, I found the email which states that BT were coming round to visit and forwarded it to Excel however I have received a further letter saying that "we need to engage in frank ,open and honest dialogue and disclosure in an effort to minimise costs and in a concerted effort to reduce the likelihood of litigation. Furthermore we are positively obliged to highlight the likelihood of costs being awarded against you should the matter proceed to court.."
Also they have stated" As your vehicle was involved in a wrong doing ,wether or not it was with your knowledge, the onus is on you , as the registered keeper to prove that you were not the driver of the vehicle, as deemed reasonable assumption applies.."
I reminded them that they as stated in a previous letter were not relying on POFA 2012..
They have ignored the evidence I have forwarded to them that I had to wait in all day for BT..
They are obviously not interested in this and again request £100 which I am not going to give them the satisfaction of getting and will go to court if necessary.
Any thoughts on this new development..?
Thanks in anticipation..

[mystery1]

Re: excel parking services parking fine....

Well there case is in tatters. You've told them they failed keeper liability which they kind of admit but not really. They have no idea who was driving.

You can either start ignoring and wait it out or start fighting back and set up a potential harassment case (which takes guts to take to court).

M1

[06868bev]

Re: excel parking services parking fine....

Thanks
I am going to ignore and wait it out..
Spent enough time on these cowboys already...

[ostell]

Re: excel parking services parking fine....

Also they have stated" As your vehicle was involved in a wrong doing ,wether or not it was with your knowledge, the onus is on you , as the registered keeper to prove that you were not the driver of the vehicle, as deemed reasonable assumption applies.."

Silly people, it is up to them to prove that you were driving and not the other way round.

[06868bev]

Re: excel parking services parking fine....

I have had further correspondence from "BW legal" saying that they are going to take legal action if I don't pay £154 within 10 days...

Is it worth me responding to this ??

I have already emailed them previously explaining my position ie I was not the driver and can prove this if necessary after they further asked me to name the driver ..

Thanks in anticipation..

[mystery1]

Re: excel parking services parking fine....

Dear Sirs,

Thank you for your letter of xxxxx the contents of which are noted. I have repeatedly told you i was not the driver and you have stated repeatedly that you do not rely of the keeper liability provisions of the protection of freedoms act.

In order to understand your case and comply with the pre action protocols please can you provide me with the documents upon which your case relies, including, but not limited to the evidence of who was driving, the PCN and the contract with the legal occupier of the land as well as the signs you will no doubt claim created a contract with the driver.

I take this opportunity to remind you that the protection of freedoms act 2012 schedule 4 states at paragraph 4

"(1)The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.


(2)The right under this paragraph applies only if" and then goes on to list the conditions that can create keeper liability.

As you can see the statute clearly states that keeper liability can only occur on the strict adherence to PoFA 2012 not on some magical whim as you appear to think.



I have repeatedly explained that i was not the driver and you continue to harass me when the law is clear that you do not have the right to enforce against the keeper using PoFA 2102 which you freely admit. I will counterclaim on this basis for harassment.

Yours Sincerely




That's what i'd reply with although if you don't think you'll go with a counterclaim you should remove.

M1

[06868bev]

Re: excel parking services parking fine....

Thank you
Ive just fired this off to them by email

Will report back if and when anything happens

[06868bev]

Re: excel parking services parking fine....

Hi
After hearing nothing for over 6 months I have had a further letter from BW legal enclosing a blown up picture of the car in the car park "enclosing photographic evidence" ?? this is just a picture of the car nothing else and saying I need to contact their office to discuss matter further....
They then state that if I fail to contact them within 7 days it may result in further legal action and costs added to my balance due which is standing at £154..
I have repeatedly told them I was not the driver and they continue to persist in sending letters..
Does anyone on here have any knowledge of Excel parking/BW legal issuing County Court papers with regard to an incident like this..???
I am getting heartily sick of these threats.
Please advise
Many thanks in anticipation...

[ostell]

Re: excel parking services parking fine....

It's the "May Result" that's the giveaway. it's not a "Will result"

Write back to them thanking them for the picture of your car but ask what that picture is intended to prove. Remind them of their letter saying they do not rely on POFA and your letter showing that you were elsewhere at the time.,

Excel do take people to court but I think they know they would have problems with you and are just putting in the frighteners.

[06868bev]

Re: excel parking services parking fine....

Many thanks for that I will respond in the manner that you have stated.
regards..

[06868bev]

Re: excel parking services parking fine....

Hi
I have had a further letter from BW legal stating;
"if you fail to make payment we will seek our clients instructions to commence legal proceedings against you in county court.."
This is worded slightly differently to what I have received before off them..Do you think that this is a sure sign that they will take me to county court or is it just another letter to try to frighten me..??
If they did decide to take me to court what would I expect to receive off them..?

Many Thanks in anticipation..

[mystery1]

Re: excel parking services parking fine....

Post it up for a look. (sanitised of personal info)


M1