Excel parking, BW Legal

[ostell]

Re: Excel parking, BW Legal

I believe that you should just ignore that letter. It's not saying anything new and just trying to frighten whit all those tales of what should happen. It's not a letter before claim.

[charitynjw]

Re: Excel parking, BW Legal

I would tend to agree with [MENTION=39331]ostell[/MENTION].
The letter certainly does not comply with the new debt pre action protocol.

[Theredman]

Re: Excel parking, BW Legal

I have had the same letter sent out the same date coincidentally, I made the decision long ago not to pay. This must be the 4th final notice from one of the many different ‘companys’.
I’m thinking if legal action is ever taken I will settle before court?

[ostell]

Re: Excel parking, BW Legal

Court is not the scary experience you think it is. And you have a good case that you,the keeper, cannot be held liable.

[Ella1886]

Re: Excel parking, BW Legal

[MENTION=39331]ostell[/MENTION] [MENTION=5553]charitynjw[/MENTION] xx

Hi - sorry since my last post I somehow couldn’t log in or get back on my post, just got into it now. For the last post I would like to thank Ostell and charitynjw for the support, please advise if i am doing this wrong.
since i last posted I have unfortunately been tied up in hospital appointments and let this go. Received a further communication LETTER OF CLAIM from BW Legal to say they have been instructed to commence legal action unless they are contacted by 5th March so I am running out of time. I am asking Katie to upload these for me but any quick response would be greatly appreciated again. I did visir the car park and yes they still have the 2 entrances into and out of the car park, you can enter from one road drive through and exit on another, with signage at both ends. The latest letter includes an information sheet on how to contact citizens advice or seek debt advice etc and an income and expenditure form etc, as per my previous posts this is x 2 for both days of the event.
Thanks

[Amethyst]

That sounds like a formal letter before action - like this http://legalbeagles.info/forums/foru...-for-reference ?

So you should complete and return it either disputing the claim or making an offer.

I hope your health is improving xxx

[Ella1886]

Thanks Amethyst. I’ve sent the pictures of the letters to Katie but not sure she got them and would have liked to double check before I go ahead on this. So if you think I should respond to this how does it usually work. We don’t want to fill in all the forms and drag it out. Do you just pay the amount they have put in the demand which is £160 per each day so it would amount to £320.00 in total. We are not going to argue if it could go further because the parking did take place as I have expressed in an earlier post and I don’t think I could cope with the stress. Are these people you can reason with and say I am prepared to pay £X amount, say £200 and be done with the thing or does it mean it has to be the £160 x 2 as they have stipulated? I was under the impression that because earlier letters from them were apparently not complying with certain rules that would negate this latest one, was this all a ‘wait and see’ if this latest type of letter was sent as I’m now worrying that maybe we should have paid in the first place to get them off our back. I’m just seeking knowledge and reassurance as I am not very versed with how to cope with these sorts of things. Thank goodness for this site is all I can say. What do you think from what I’ve said?

That sounds like a formal letter before action - like this http://legalbeagles.info/forums/foru...-for-reference ?

So you should complete and return it either disputing the claim or making an offer.

I hope your health is improving xxx

[ostell]

They will keep pushing in the hope that people get scared of the thought going to court and will pay up. As the keeper the amount you will be liable to pay if you lose is the original amount of the PCNs, £200 + 50 solicitors cost + court cost of £35 or so. But then you do have a very good case in that they have not complied with the requirements of POFA to hold you liable for tha charge.

[Amethyst]

Do you want to forward them to me ( admin@legalbeagles.info ) - there should be a reply form with the letter which you can complete asking for 30 days to seek formal advice ( like at Citizens Advice ) and also ask for copies of documents ( one of the guys will say what documents to ask for, as parking isn't my area at all I'm afraid ) - sending that form back with legitimate queries/dispute/requests gives you a little bit of breathing space without the court claim being issued and gives you time to negotiate settlement, I don't know with parking tickets if they will have any leaway to settle in a lump sum at a lower amount, if you put an offer to BW they would have to put it to their client though... otherwise you could make an offer to pay by installment. ( So you can try saying I can pay a full and final of £200 as settlement of both tickets and if that's refused you can offer an installment of ( for example) £50 a month for 6 months ) I completely understand you wanting to get it settled and out the way, you have plenty more important things to worry about. I'd be inclined I think to dispute on the form, and negotiate separately after they've received it....

see what others think tho, as I said, parking isn't my area xxx

( ha - see crossed posts with Ostell ... if there are legitimate disputes raise them on the reply form ... you could still settle later - if you have the money to one side you could just wait and see if they do issue a claim and then pay it off )

[Ella1886]

Thanks very very much Ostell, it’s working I’m afraid, I need the constant supervision or reassurance I’m afraid, sorry. So if liable it would be the costs you mention x 2, possibly near £600. Can’t see how we wouldn’t be found liable as the driver did not purchase a ticket on either day thinking it was free at weekend, mistake. I’ll send the letter through to Amethyst as she mentions and perhaps you could see what you think but I’m worried that the 5 th is on Monday and I could do with being clear about my next move. Thanks ever so much for the post
By the way am I supposed to move these posts to another area ? And if so what do I do?

They will keep pushing in the hope that people get scared of the thought going to court and will pay up. As the keeper the amount you will be liable to pay if you lose is the original amount of the PCNs, £200 + 50 solicitors cost + court cost of £35 or so. But then you do have a very good case in that they have not complied with the requirements of POFA to hold you liable for tha charge.

[ostell]

The costs are per case not per parking event, ie 285

As I said the keeper can only be held liable for the original charge and not the extras they add on afterwards. That is deifferent from the driver

[Amethyst]

Got them, apologies for delay - yes it is a formal letter of claim so you should get it completed and returned ASAP xxx

[ostell]

A response to BWL along the lines of:

I am the keeper of car xxxxx and am not liable for the sum claimed
* The Notice to keeper failed to comply fully with the requirements of paragraph 9 of Schedule 4 of the Protection of Freedoms Act 2012 to be able hold the keeper liable.
* Even if I were liable then POFA also states that the keeper is only liable for the initial amount of the parking charge. Paragraph 4 (5).
* The addition of legal charges is not allowed under the Small Claims Track and is purely an attempt to bypass the requirements and increase the amount payable,. You as solicitors, should be aware of this restriction.


And then work on your defence.

[Ella1886]

Thank you so much for responses. I’ve spoken to the keeper ( who as I said pr3viously was also driver)/and they feel they can not cope with it either, chance of losing cos they were driver and they may find out, working out phrasing for responses and possibly ending up pay8mg more, they on minimum wage. In view of all that they said what about responding tomorrow and using Ostell phrasing below and making an offer. If we take that route are there any dos and donts with regard to which forms to complete or what not to say to them etc ? If this was the case what would be a reasonable offer that they may accept ? Both days have a different reference number so they must be treating them as 2 cases so costs are a bit of a frightener, moreso if they were to win. Sorry to keep asking these things . What do you think, I understand it must be so frustrating for those offering their responses but it is very much appreciated. I presume I could email them tomorrow (deadline 5th March ) to do these things? If settled as per the letter the debt for each case was £160 before the other things they say, so what would be a reasonable amount to try?

A response to BWL along the lines of:

I am the keeper of car xxxxx and am not liable for the sum claimed
* The Notice to keeper failed to comply fully with the requirements of paragraph 9 of Schedule 4 of the Protection of Freedoms Act 2012 to be able hold the keeper liable.
* Even if I were liable then POFA also states that the keeper is only liable for the initial amount of the parking charge. Paragraph 4 (5).
* The addition of legal charges is not allowed under the Small Claims Track and is purely an attempt to bypass the requirements and increase the amount payable,. You as solicitors, should be aware of this restriction.


And then work on your defence.

[Amethyst]

It does appear they are treating both cases separately as the letter quotes the court fees and solicitors costs for only one case - so if they did take it to court the settlement could go up to £489.12 rather than the £320 it is currently - they may combine them and then you'd only have one £75 and interest element on top so bringing it to something around £404 - that's IF it resulted in you having to settle.

To settle now you would have to speak with them and go through what is affordable, if they know they will not get more in installments by going through the court ( due to the low income ) then they are more likely to settle, and may well knock some off if you can do a full and final lump sum but I don't have any experience of parking claims and whether they do accept lower settlements rather than taking court action - in my view though you are better if you are going to settle ( as it doesn't sound like you want to follow through any defence on the court claim ) to do it now from a start of £320 than in a couple months starting from £489.12 - defending feels it may just be delaying the inevitable and if a lump sum wouldn't be possible if a jugdmnet was obtained that's 6 years stuck on the credit register.

So you can complete the IE and admission and return to them or you can put that you dispute the debt with the reasons Ostell has posted above. Or you can give them a call and negotiate settlement, but be sure you have your numbers straight so they can't flummox you and make you agree to something unaffordable and tell them to put any agreement in writing to you before you make the payment/start installments.