Claim Form Received from BW Legal originating from Excel Parking Services

[jbmscarb]

Hi,

I wonder if you can help me the driver of my car got caught by registration recognition in a Car Park owned/run by Excel Parking Services on the 19/11/2015 and I have ignored to this point as I was getting letters from different orgnisations assuming it was a scam type claim. Then on Saturday I received a Claim Form for 236.70.

The incident was in Keighley and I was in the car park for no more that 5 minutes. Interestingly on the sign it seems to state that you have 10 minutes grace. Would this be grounds for defence?

Thanks

Ben

[mystery1]

Re: Claim Form Received from BW Legal originating from Excel Parking Services

Can you scan the claim form and any PCNs (sanitised) and/or post the signs that state 10 mins grace that were around at the time ?

M1

[jbmscarb]

Re: Claim Form Received from BW Legal originating from Excel Parking Services

Image1(4) is the one that talks about 10 minute entry being a key point unfortunately it looks like it has been slightly obscured in this photo

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Also I can't find a copy of the PCN so I have asked BW Legal for a copy. Will they send one?

[emanresu]

Re: Claim Form Received from BW Legal originating from Excel Parking Services

Image1(4) is the one that talks about 10 minute entry being a key point unfortunately it looks like it has been slightly obscured in this photo

- - - Updated - - -

Also I can't find a copy of the PCN so I have asked BW Legal for a copy. Will they send one?

You get them 2 weeks before a hearing but if you want them well before then either write and ask or send a Subject Access Request (SAR). I prefer a SAR as they have to reply to that but the can ignore letters.

Also if [MENTION=5354]mystery1[/MENTION] picks this up I have a WS and contract for this site.

[jbmscarb]

Re: Claim Form Received from BW Legal originating from Excel Parking Services

Thank you for your response emanresu. I have emailed them to ask for the PCN and quoted SAR
[MENTION=5354]mystery1[/MENTION]. Do you have any comments please?

[mystery1]

Re: Claim Form Received from BW Legal originating from Excel Parking Services

File acknowledgement of service. Get clearer pictures of the grace period parts as this will be a key defence point.

Can you remember any details from the PCN such as the reason they sent it ? (we need to be sure that this grace period is the key issue)

M1

[jbmscarb]

Re: Claim Form Received from BW Legal originating from Excel Parking Services

I don't recollect seeing a PCN. I have just been on the phone to BW Legal but they are adamant I need to fill in the acknowledgement of service before they will request the PCN from Excel?

[mystery1]

Re: Claim Form Received from BW Legal originating from Excel Parking Services

Edit to suit.

jbmscarbdef.rtf

M1

[jbmscarb]

Re: Claim Form Received from BW Legal originating from Excel Parking Services

Thank you so much for this mystery1.

However what do I do with this document? Send it along with the acknowledgement of service to the court as an independent document and wait to see what happens?

Or send it to the other side solicitors.

Apologies for asking probably obvious questions.

Ben

[mystery1]

Re: Claim Form Received from BW Legal originating from Excel Parking Services

Send it to the court after you have checked it. Email or online is the best way.

M1

[jbmscarb]

Re: Claim Form Received from BW Legal originating from Excel Parking Services

Hi,

I filed the defence and have just received a Notice of Proposed Allocation to the Small Claims Track. Any ideas what I should do now?

Thanks

[mystery1]

Re: Claim Form Received from BW Legal originating from Excel Parking Services

Fill it in then send it.

http://www.legalbeagles.info/forums/...l-Claims-Track

M1

[jbmscarb]

Re: Claim Form Received from BW Legal originating from Excel Parking Services

Is it worth sending a settlement without prejudice for costs incurred?

[mystery1]

Re: Claim Form Received from BW Legal originating from Excel Parking Services

Probably not but what harm could it do ?

M1

[jbmscarb]

Re: Claim Form Received from BW Legal originating from Excel Parking Services

Hi,

Am currently waiting for a hearing date. In the meantime I have been asked about mediation and have been asked three questions which I must answer yes for mediation to happen. One of the questions is about having sufficient evidence to be able to enter mediation. The answer is no but I am holding off emailing back as I am waiting for the evidence (the PCN) from the 3rd Party. I got a letter last week from the Claimaints solicitors saying they had asked their client (Excel) to send on the evidence. Should I just respond to the mediation email No to the evidence or wait for another day or two for the evidence to arrive?

Thanks