Excell BW Legal - questionable practices

[bryn900]

Thanks in anticipation of any one's help.

 

I normally pay parking fines on the rare occasions I get them.

However, I am in receipt of the BW Legal 'Letter of Claim'

in respect of the Peel centre Stockport parking charges by Excell.

 

I've totally ignored them so far and will continue to do so until a summons arrives,

- the reason being, the payment machine was broken,

I also tried to help an elderly woman pay without success

so I just got back in my car and left, total time from start to finish about 3 minutes.

 

Consider my surprise when I get the fine from Excell alleging over 15 minutes (I think).

Round about this time people were exposing Excell in the press for doing this by showing

that the shadow from the sun on their cars had not moved.

 

Just wondering if any one has any experience or comments

about how to open this practice up in court if necessary.

 

 

Thanks again

Edited March 26, 2016 by honeybee13
Paras.

[honeybee13]

Hello and welcome to CAG. The forum guys should be along later.

 

When it's from a private parking company, we call a 'fine' a speculative invoice.

 

I think you will find allies here.

 

My best, HB

[dx100uk]

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=Excel+BW+Legal&sa=Search+CAG#gsc.tab=0&gsc.q=Excel%20BW%20Legal&gsc.page=1

[bryn900]

HB, thanks for that important distinction

DX100uk - thanks but that link leads to a google search of 'Excell BW legal'

[dx100uk]

correct

read the private parking company threads whereby they've involved bwlegal

[bryn900]

Thanks Dx100uk - I did all the google searching before coming to this forum

I found nothing about Excell altering the times on the photographs so I thought I's come here and see what other people's experience/advice would be.....

[ericsbrother]

from all accounts the signage there is awful

so Excel have lost the defended claims arising from parking there.

 

As they have put you on notice of intended civil action

I would respond and say that the vehicle wasnt parked

and that the payment machine was broken so you decided not to park

and therefore no contract entered into to breach.

 

 

Also BPA CoP and other court cases give motorists a grace period of AT LEAST 10 minutes for just such a reason

and you would want to know what terms they have in their contract that state otherwise.

 

 

Also state that you want to see the images of every vehicle leaving the car park

after the time your car was logged as entering and before the vehicle was logged leaving.

 

 

I bet that the clocks/vehicle movements dont tally

so they wont be entertaining that idea

but it will severely damage any attemt to claim that you did park..

 

This create a paper trail and shows that you havent ignored them

just because you have buried your head in the sand

but because they are beneath contempt..

 

 

You could let them know that as well.