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

[06868bev]

Re: excel parking services parking fine....

Hi
I have had a further letter from BW legal this morning stating

"We acknowledge receipt of your recent communication

We can confirm that your position has been noted ,and we will now seek our clients instructions to issue county court proceedings for recovery of the balance"

What does this mean..? is it definite now that they intend to take me to court or just another threat..?

Many thanks in anticipation..

[mystery1]

Re: excel parking services parking fine....

It's probable they'll want to go to court but not 100%.

M1

[06868bev]

Re: excel parking services parking fine....

Hi
Just received this letter today..
Any advice would be appreciated..
Thanks..

[mystery1]

Re: excel parking services parking fine....

Dear BW Legal,

Thank your for your letter title "final notice" dated xxxx.

I refer you to my emails of xxxx & xxxx ......... and advise you once again that i was not the driver and refer you again to the cases lost on this very point by yourselves.

Further i refer you to the points raised in Skipton recently which no doubt you are aware of

Judge: “So, if I let someone drive my car, and they went to a petrol station and filled up, then drove off, or if they ran someone over, would I be liable?"


Rep: “No, because that would be different. That's criminal”.


Judge: “Well so is Elliot v Loake"


Yours etc

M1

[06868bev]

Re: excel parking services parking fine....

Hi
Many thanks for this ..
In the event that they do take me to county court do I get a choice of the court date or will it be fixed by them..????

Kind Regards..

[mystery1]

Re: excel parking services parking fine....

The court will fix it after the defence and directions questionnaire. If you have unavailable dates such as a holiday you can note this with the directions questionnaire.

M1

[06868bev]

Re: excel parking services parking fine....

just got further correspondence today..
any advice please..

[mystery1]

Re: excel parking services parking fine....

Dear BW Legal,

Thank your for your letter title "Letter of claim" dated xxxx.

I refer you to my emails of xxxx & xxxx ......... and advise you once again that i was not the driver and refer you again to the cases lost on this very point by yourselves.

I am aware you have lost a few more cases on the points of keeper liability since we last exchanged pleasantries including a rather brutal case(s) involving "Lamilad".

As this is now a formal letter of claim i once again remind you of my request for information and your CPR duties.

Copy and paste the bit with all the cpr stuff and where we asked for information here


Yours etc

M1

[06868bev]

Re: excel parking services parking fine....

Hi

Thanks for your response..
I don't understand where you have stated copy and paste all the cpr stuff and where we asked for info here...
Sorry to be a pain if you could explain what this means
Many Thanks

[mystery1]

Re: excel parking services parking fine....

In one of your earlier correspondence you should have something like

Edit to suit














Dear BW Legal,


I write in response to your final notice which i take to be a letter before action dated 20th June 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 ?




How is the £154 made up ?




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


In order to clarify matters from my side, i was not the driver at the time and i believe you have not fulfilled the statutory requirements of PoFA 2012




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










Send via email if possible.








M1

Copy and paste the rules section and the request from your one in to the letter.

M1

[06868bev]

Re: excel parking services parking fine....

Hi

After my last response to BW legal as advised received this today..

Any advice is greatly appreciated..

Thanks

[mystery1]

Re: excel parking services parking fine....

Dear Numbnuts,

Thank you for your latest letter of xxxxxx the contents of which are noted, very similar to a few other recent communications and do not respond in any way to my previous replies.

Please see my earlier emails of xxx & xxxx etc. My position remains as before and for the umpteenth time, i was not the driver.

Yours etc

M1

[06868bev]

Re: excel parking services parking fine....

M1
Thanks for your advice..
Seems like they ignore anything you tell them ..oh well ill await the next installment from the morons..

[06868bev]

Re: excel parking services parking fine....

Hi
I have had further correspondence from BW legal as attached.

How much longer is this going to take before they take me to court..? I wish they would shit or get off the pot..!!!!!

Any advice would be greatly appreciated..

Kind Regards

[mystery1]

Re: excel parking services parking fine....

Dear Numbnuts,

Thank you for letter of xxxx the contents of which are noted.

I have no idea why you continue to harass me when i have made my position clear. Please stop sending me a stream of letters asking me to pay when i have made it clear that i owe nothing as i was not the driver.

I find the volley of letters is unnecessary and an attempt to wear me down. Please desist.

If you wish a court to rule against you then do it but i do not want any more of your templated letters which make it clear you have not read and/or understood what i have previously told yourselves.

Yours etc

M1