Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Hi.   Could you let us have the information requested in the forum sticky please? This will help us to advise you. In the meantime don't worry too much about this.     HB  
    • So last August my girlfriend went to Legoland with the kids (4 & 8) and her mum and then went to Pizza Express in Windsor. They parked at Castle Car Park.    They paid to park and went to eat. They were then a few minutes late back. There was already an attendant issuing a ticket. The attendant then waited until my girlfriend was over ten minutes late to issue the ticket despite her being there well within any grace period.   My girlfriend appealed to Ultimate Customer Solutions end of August but did not receive a response (they later said they emailed a rejection which my girlfriend never received until it was resent). Then in August she received the first debt collection letter. Then my girlfriend was advised to respond to UCS requesting an Subject Access Request (SAR) which they have not ever acknowledged or responded to.    So then we thought they had gone away until we received a letter from CSB solicitors (same address as UCS) advising they would be beginning court proceedings against my girlfriend. I told my girlfriend to complain that they haven't responded to any of our requests so she called the number of UCS and was basically accused of being rude to the t*** at the end of the phone. She wasn't but he wasn't very helpful and said they had responded to the appeal and sent it again. This was on the 16th January 2020.    On the 29th Jan this was sent after another chase to the solicitors:   I have reported UK Parkings ltd to the ICO as they are in beach of GDPR having ignored my SAR request. Further to this I was not notified that my initial appeal had been rejected and therefore cannot further appeal in a standard way and therefore I am awaiting further advice for ways to appeal against this unfair PCN.   As it stands should you decide to further contact me in regards to this matter without good cause I shall be seeking legal advice as per my statutory rights.   My girlfriend then received another letter from UCS threatening debt collectors (I told her not to worry about this) and so she wrote to the solicitors asking for an update:   Email dated 21/02/2020 I am writing to you regarding my email sent on 29th January, below. I still have not received a response from you and I left a voicemail for a solicitor to call me from CSB Solicitors, which I have also not received. I would like to speak to a solicitor regarding this PCN.   The solicitor responded via email the following: Dear Madam,   Thank you for your email.   Following your email below, we reverted this matter back to our Client for their instructions. We will only be able to respond more fully once these are received.   At this stage we have no further instructions other than to send out a letter to you dated 16 January 2020.   We hope to be able to respond more fully once these are received.   Yours faithfully,   Solicitor   So UCS are not actually doing anything they should do but nobody we have complained to has actually come back to us so not sure where to take this because I don't have time for court and I would rather just have someone take the (insert appropriate word here) to task on these unbelievably poor practices!   Any advice on next steps?   Thanks    
    • Hi Sneezer and thanks for your Site Donation which is much needed and much appreciated.   The info from the "Solicitor" makes sense if you were complaining about how CRS came to have your contact details. However, this is not relevant to your case. You didn't cancel properly and carried on paying for a gym you didn't use.   For the future, see the Guide here about how to cancel a contract properly and avoid trouble - https://www.consumeractiongroup.co.uk/topic/383678-cancelling-your-gym-agreement-get-it-right/     Come back anytime to update us but don't worry about CRS or anyone else who makes demands. Let us know if you need more for advice and reassurance.    
    • They were communicating with lawyers associated to me too   They can’t serve a SD on your lawyers, only you.   As I said earlier - the lawyer stopped communicating  around the date on the SD they incorrectly served.  And the bank told me the receiver was now handling things and not to deal with them anymore.   The receiver never asked me where I was.  But he did email and I did reply or he did get auto reply.   Since I did have email communication with them - I don't think they could say they did everything possible to find me,  All they had to do was ask!  And then we could have discussed the situation.    It almost is the reverse - they did nothing to try find me.  And if a PI is employed to do surveillance then he must have realised only one person - the wrong one - lived at the  wrong address.   Does anyone have any info re post #26 and #28 above?   The property is being marketed for sale and the receiver is negotiating offers, so there was no reason for me to expect bank/ lawyers to be trying to locate me to serve any papers.      Surely any loss to them has to be proven upon an agreed sale.  It hasn't sold yet,   They may still get a high enough offer to prevent any large debt?  There could then be a different discussion re terms of repayment?   So I was not expecting anyone to be trying to find me!   But this is a bit of a digression from what  should I be doing NOW? Should I send them an SAR?  If they do intend to serve me correctly this would be useful, yes?   I am sure they have added all sorts of unnecessary costs to the debt that could be challenged?   Also there is a question over if they even had a valid notice of assignment?  They would have to produce that in the SAR wouldn't they?   This was a real query for me ages ago but it never got pursued legally.
    • Expect them to bring up every communication and claim that you’ve been dodging them / not providing them with an address to serve to.......
  • Our picks

ezybjma

April 2015 PCN from Excel Parking Services - Now BW Legal writing

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1337 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi!

 

Firstly i am new here and just looking for a bit of advice, my issue is as follows:

 

Last April (2015) I parked in an Excel car park in Nottingham and bought a ticket and returned within the stated time

- not a problem.

 

 

However, i was sent a PCN by Excel for being parked slightly outside the white line of the bay..

At the time in question there were building works going on in the car park

and a lot of builders dust everywhere obscuring things,

as well as the ground being very uneven in the bay and tricky to park in.

 

I took the old advice of ignoring this charge as the car park was not full when my car was there

and it was not really obstructing another bay and i therefore considered the charge unreasonable.

 

 

I was passed through the usual debt recovery agencies (Zenith etc..) and the amount owed fluctuated until about October last year when everything went silent.

 

 

About 3 weeks ago now i have received a new letter from BW Legal stating that the debt has been passed to them

and the amount is now £154 including £54 costs.

 

 

I have continued to ignore but they have somehow now got a hold of my mobile number and keep calling me

- i have yet to speak to them though.

 

Obviously it is too late to appeal the charge through the usual avenues but i just wonder what the best course of action is now,

i still think the £154 is incredibly disproportionate for what actually occurred

and so i do not wish to pay it,

however it is a bit of a nuisance having these people chasing me.

 

Any advice welcomed!

 

Thanks

Share this post


Link to post
Share on other sites

safe to ignore still

unless/until a claimform arrives

and we've not seen any for these historic speculative invoices thru BW

its just willy waving

hoping people will panic and pay

in this instance

they are solely a DCA

and not solicitors

though they have NO LEGAL POWERS anyway

as with any DCA.

THEY ARE NOT BAILIFFS

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

Just had a good re-read of those posts, thanks very much!

 

 

So my understanding is that if its this old i can just ignore it now?

 

Thanks again!

Share this post


Link to post
Share on other sites

Just seen your latest post,

 

Many thanks!

Share this post


Link to post
Share on other sites

BW are acting as an dca so ignore them.

Any claim Excel make will have to have to have some substance

and this wouldnt be enough to show a cause of action.

 

You can put their number on a barred list or better still,

answer without saying anything and let them waste their money.

 

 

Dont hang up until well after they have,

it will block their line.

Share this post


Link to post
Share on other sites

Many thanks for your response! I will continue to ignore

Share this post


Link to post
Share on other sites
Many thanks for your response! I will continue to ignore

 

Do not ignore real court papers though...

 

In your case they would have to rely on keeper liability under Schedule 4 of the POFA 2012,

which Excel do not claim to use.

But it seems that does not bother BW Legal;

 

http://parking-prankster.blogspot.co.uk/2016/05/bw-legalgo-legal.html

 

Do not speak to BW Legal on the phone - block the number.

Share this post


Link to post
Share on other sites

Thanks for your reply,

 

No i will not of course ignore real court papers, if it comes to that then i will have to work out what to do next.

 

I have blocked their number on my phone as advised,

 

Many thanks!

Share this post


Link to post
Share on other sites

Hi guys,

 

today i have received another letter from BW Legal entitled Final Notice.

It states that further to the previous letter where payment was advised it has still not been received.

 

 

It then states: "Excel now requires full payment of the balance within 10 days from the date of this letter (19/05/2016),

failing which Excel has instructed us to commence County Court proceedings against you for recovery of the balance.

 

 

For the avoidance of doubt the balance relates to the £100.00 parking charge

and the £54 for Excel's initial legal fees, which were detailed in the car park terms and conditions."

 

It then goes on to outline the events of county court proceedings etc and also references PE vs Beavis

 

Should this be treated as a letter before action? Or should it still be ignored?

 

If court claim papers do arrive, is the amount escalated?

Or would the amount still be £154 on the claim papers?

 

Do i need to start fighting this at all now?

Up until now i have given absolutely no response or acknowledgement to anybody.

 

Thanks

Share this post


Link to post
Share on other sites

Not a lba, just another threatogram dressed up a bit.

 

 

The detail about £54 legal fees- utter cobblers as they are claiming for a breach of contrac

t so how can you also agree to pay something not part of that contract.

BW just add that amount for themselves.

 

I would respond to BW and say that there was no breach of contract at the time

and that any claim will be vigourously defended as being vexatious and a full costs order sought.

 

they will then know that you are not shy,

just treating them witht he contempt they deserve.

Share this post


Link to post
Share on other sites

Thanks for the reply,

I have never responded to something like this in a formal fashion so how do i go about it?

 

 

Do i email or post?

 

 

And how exactly do i word it?

Share this post


Link to post
Share on other sites

write exactly what I said starting "there was no such....." up to full costs order sought"

Send by post to BW

That is all that is needed, it is not rocket science, just proof that you arent burying your head in the sand and making yourself an easy target

Share this post


Link to post
Share on other sites

type in excel BW

in the search CAG of the top red toolbar

lots of examples to the letter

if you go read a few like threads.

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

Okay thank you i will do that today.

 

 

Do i need to make any reference to the fact that the driver has not been identified?

or is that irrelevant now that they are pursuing me as the registered keeper?

 

Also i have been reviewing the original NTK again.

It does not state a period of parking, only a date and a contravention time.

Is this enough to count as a breach of the PoFA and thus render the NTK useless?

 

Edit ^^ The NTK specifies a time,

but then goes on to say

"The period of parking to which this notice relates is the period immediately preceding the contravention time referred to above"

- Is this enough to satisfy PoFA?

 

Would it be easier to upload a redacted copy of front and back to check compliance?

 

Thanks once again

Share this post


Link to post
Share on other sites

all too late to worry about,

 

keep it in mind though if they are dumb enough to want to try their luck at court.

 

As already said, they dont rely on PoFA so unless you intend making a complaint about them getting your details by fraud to the DVLA

it will mean little as they cant now claim it for their causus belli.

 

Fire off the osd off letter to BW and I suspect that will be the end of the matter.

 

keep that to the one line I suggested so you dont drop yourself in it my mentioning irrelevant things

Share this post


Link to post
Share on other sites

Thank you very much for the guidance, posted first class today:

 

To whom it may concern,

 

There was no such breach of contract at the time and any claim will be vigorously defended as being vexatious and a full costs order sought.

 

Sincerely,

 

Thanks again guys

Share this post


Link to post
Share on other sites

thats the stuff. As said, keep the rest of their letters for at least a year should they fancy losing some money.

Share this post


Link to post
Share on other sites

Hi guys,Any updates on this one? I'm in a very similar situation, just about to fire off the same brief letter

 

 

my thread is here:

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?465890-Excel-BW-Legal-final-letter-advice-needed&p=4912930#post4912930

Share this post


Link to post
Share on other sites

I havent received any more paperwork thus far, they keep trying to get me on the phone and text messages but i have blocked the number now

Share this post


Link to post
Share on other sites

Update: after sending the advised letter, i have now received a further letter entitled: Letter of claim, it reads as follows:

 

Further to our letter dated....

where we requested that you either pay the balance in full or provide your detailed grounds for disputing the PCN, by .....,

we are yet to receive payment and/or a response to our letter.

 

Please pay the Balance by ...... to prevent legal action from being taken

 

. For the avoidance of doubt the balance relates to the £xx parking charge and the £xx for our clients initial legal fees, which were detailed in the car park terms and conditions.

 

It then goes on to give a paragraph entitled: County Court Proceedings with a breakdown of costs totalling £245.36

 

The total amount that they want me to pay now has risen from £154 to £162.18

 

What does this mean and what should i do about it?

 

Redacted full letter can be scanned if necessary,

 

Thanks in advance

Share this post


Link to post
Share on other sites

then respond by saying that there is no debt and any claim will be met with a counterclaim for harassment as your client knows fill well it has no cause for action.

 

All of the costs are made up and designed to scare you into paying more than any contractual amount that could be ordered.

 

BW will always say they are only acting on their clients instructions but they actually add these extra amounts on for themselves as basically a no win no fee contingency, which is unlawful (tort of maintenance)

Share this post


Link to post
Share on other sites

Thanks for your response ericsbrother, I shall do that.

 

Out of interest, if it goes to court is it possible that i could be asked directly if i was the driver? As that would surely put a large hole in my main defence.. seeing as the driver has never been identified

Share this post


Link to post
Share on other sites

the law doesnt allow it,

you could decline anyway and cite possible incrimination and self-incrimination,

a topic that has stretched many a judge's mind.

 

 

The Road Traffic ACt has parts where when you are obliged to name the driver but this isnt one of those cases.

 

 

The PoFA offers protection if the company get things wrong they are just wrong

and cant go after anyone else nor ask you to identify the driver.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...