Claim Form Received from BW Legal originating from Excel Parking Services

[mystery1]

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

Wait until you have to reply. They probably won't send it anyway.

M1

[jbmscarb]

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

Not received PCN yet but Excel have sent a counter offer of £160. Do I need to respond or do I just wait for the hearing

[mystery1]

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

Personal choice. Hopefully means they are getting ready to abandon ship. Certainly means that with a Gladstones claim.

M1

[jbmscarb]

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

Hi,

Unfortunately I received a copy of the PCN on Friday (attached). However it was addressed to my previous address which is why I haven't seen it.

Thanks

Ben

[jbmscarb]

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

Hi Help Please,

My hearing is on the 24th MArch at 2pm and it says I need to submit anything refererred to in court beforehand. What is it that I should be submitting or can I just turn up and argue against the claim?

Many Thanks

Ben

[mystery1]

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

Have Excel sent anything to you ?

You need a witness statement which includes the fact you were not the driver.

You need a copy of PoFA 2012 http://www.legislation.gov.uk/ukpga/...ntents/enacted

A copy of http://popla.co.uk/docs/default-sour...5.pdf?sfvrsn=2

Page 15

However keeper information is obtained, there is no ‘reasonable presumption’ in
law that the registered keeper of a vehicle is the driver. Operators should never
suggest anything of the sort. Further, a failure by the recipient of a notice issued
under Schedule 4 to name the driver, does not of itself mean that the recipient
has accepted that they were the driver at the material time. Unlike, for example,
a Notice of Intended Prosecution where details of the driver of a vehicle must
be supplied when requested by the police, pursuant to Section 172 of the Road
Traffic Act 1988, a keeper sent a Schedule 4 notice has no legal obligation to
name the driver. Any evidence in this regard may therefore be highly relevant.



http://nebula.wsimg.com/ab774da5f40c...&alloworigin=1

That case needs printed, read and understood. It is on point and persuasive.

M1