Excel parking, BW Legal

**charitynjw** · 2nd November 2017, 14:26:PM

Re: Excel parking, BW Legal

Section 9(2)(a) of Schedule 4

(2)

The notice must—

(a)

specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

**Ella1886** · 9th November 2017, 01:43:AM

Re: Excel parking, BW Legal

Hi further to the last update in my thread is it advisable I write / email BW Legal or continue to ignore? I've copied info below - can you advise ? Sorry for long post, explanations for lack of understanding previously given.

Last post
( "That NTK appears to me that it does not conform to POFA, at a quick glance 9 (2) (f) is missing (unless it is stated on the reverse), period of parking (not time between cameras, Date of posting, no creditor identified and therefore the keeper cannot be held liable. There is no basis in law that the keeper can be assumed to be the driver.

BW legal are not permitted to add on additional legal costs as this would, if pursued, be on the small claims track and that is not allowed.

If the missing items aren't on the back of the NTK then write to BWL pointing out that you, he keeper cannot be held liable for the actions of the driver as the Notice to Keeper did not comply with the mandated requirements of the Protection of Freedoms Act 2012 Schedule 4, namely but not limited to, failure to include paragraph 9 (2) (f). Any further action by them would be considered vexatious and further use of your personal data now that there can be no liability would be in breach of the Data Protection Act.

You note the statement about keeper being held liable on the assumption that they were the driver. Could you define which portion of legislation permits this. If your clients intend to rely on Elliot v Loake this was a criminal case with compelling forensic evidence which has been rejected many times in parking cases. Unless, of course, you have that compelling forensic evidence." quote)

My Letter to BW Legal ( or do i do in an email) ??
Date: ??

Name of keeper of vehicle
Address 1
Address 2
Address 3

BW Legal Enterprise House
Apex View
Leeds
West Yorkshire
LS11 9BH

Dear sir / Madam

I, the keeper cannot be held liable for the actions of the driver as the Notice to Keeper did not comply with the mandated requirements of the Protection of Freedoms Act 2012 Schedule 4, namely but not limited to, failure to include paragraph 9 (2) (f). Any further action by them would be considered vexatious and further use of your personal data now that there can be no liability would be in breach of the Data Protection Act.

You note the statement about keeper being held liable on the assumption that they were the driver. Could you define which portion of legislation permits this. If your clients intend to rely on Elliot v Loake this was a criminal case with compelling forensic evidence which has been rejected many times in parking cases. Unless, of course, you have that compelling forensic evidence." quote).

Yours sincerely

Name of Keeper

**charitynjw** · 9th November 2017, 07:18:AM

Re: Excel parking, BW Legal

There is little point in sending it.
You are well outside the 21 days window for an internal appeal (ie appeal to the parking company) & an appeal to IAS requires an internal appeal to be made first.

The BWL letter is not a compliant Letter before Claim. It is only a letter designed to scare folks into paying up by invoking the threat of a possible court claim.
If the parking co wish to continue, they must (or should) inform you of their intent & engage in a proper pre action negotiation with you before issuing any court claim.

**Ella1886** · 9th November 2017, 13:36:PM

Re: Excel parking, BW Legal

Thank you for that, I was bracing myself before I logged. This whole thing is causing me to get anxious but need to ride it out now. What is the worst case scenario do you think that can happen? Also if when (probably) we receive further communication from them I'll need to check in here because I just haven't got the confidence (and health) at the moment, to understand what I have to do. I darent ask if you think they will issue a court claim because I'm very nervous about the answer, so what is a pre action negotiation? I hope it's okay that I keep asking for guidance, I just need walking through this to keep me from getting over anxious. I am very grateful for this site and your help, don't know what I would have done otherwise.