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Hayleybelle

Excel/BW claimform - PCN Peel Centre Stockport 14/08/2015

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Hi,

I was wondering if you could offer some advice around Excel parking and BW legal?

 

On the 14/08/2015 I parked in Stockport Peal Center car park without a ticket

as my youngest (4 years old) of three children needed the toilet

,i had no change and there was no pay by phone or card option.

 

 

As i had all three children and the first toilet we tried was out of working order

it took around 35 minutes between entering and leaving the car park.

 

I received a penalty charge from excel,

which i disputed due to the inflated charges (£1.30 for 3 hours to park),

but offered £5 as a form of settlement.

Excel refused this settlement and demanded full charge.

 

 

I have ignored all communication since then

which has included an number of communications from a debt collection agency with rising and falling offers.

 

 

Excel have now passed the debt on to BW Legal that are threatening court

and CCJ action if i dont pay the now £100 charge

and £54 legal costs that have now been incurred.

 

can you please advise how i should progress?

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54 legal costs? No costs incurred at all since its not got a ccj


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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its not a penalty charge..

 

its a speculative invoice

 

if its gone this far

and

is this old now

you can safely ignore the no powers DCA

and their fake/tame sols BW legal

 

in this instance they are operating as a DCA

 

a DCA are NOT BAILIFFS

 

 

dx


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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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Thanks dx100uk,

i did look at that thread and i know there are loads of people asking the same question,

and wanting the same reassurance!!

 

 

My main worry was that if it goes to court

was that i will be hit with their cost's and legal fees

and what is currently £154 will escalate to £3154 etc!!

 

 

Much appreciate your time and response!

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all clever willy waving

I cant see a court claim [which is small claims]

allowing £3k costs!


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Reclaim Bank Account, Loan & Credit Card Charges Read Here

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Who gave you that figure

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that figure must of come from a NUT House patient!


:mad2::-x:jaw::sad:

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I suggest that you read up about Excel and their lack of right to make contracts at the Peel centre before you do or say anything else to either BW or Excel.

Basically they dont have a contract to be there so they can go whistle

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thank you and the figure was me exaggerating my panic lol!!

 

they have discussed the charges of £100 and legal fees £54

and any other fees that will be incurred by going to court

 

i just dont want those fees to be astronomical should i ignore it

and it come back to bite me in the bum!!

 

I have seen a number of excel posts and their illegitimacy

but i have also seen instances where it has ended up in court so i am just being cautious!

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they cant charge anything extra until they win in court

 

willy waving to frighten you

which in all honesty is all they can do

 

that's how the whole PPC and DCA industry works

idle threats..read they letters CAREFULLY

nowhere do they use the word WILL!

 

if,but,might,could etc etc


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Hi all,

 

A few months ago i posted asking for advice between BW legal and excel parking, i followed the advice to not pay, and now i have received a County Court Claim form to the sum of £234.72.....

 

Going back to my original post, i do accept liability for parking without a ticket....This was not to go shopping or because i ran out of time but because my daughter needed the loo and i had no means to pay, as card was not accepted and i had no cash or change, and there are no cash points.

 

I appealed to Excel and offered £5 to settle which was rejected. My theory behind £5 was that it covered the £1.50 parking sum for up to two hours (no where near the time we ere there!), then compensation for the time that i was there. Can anyone please advise what the best argument is for not paying the full fine?

 

I initially didn't pay because of the disproportionate charge but don't know if this is the best argument to use? Also will i be expected to go to Northampton to defend this? as this is where the County Court is that they have used?

 

Any advice is much appreciated

Edited by honeybee13
Paras.

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Hello again.

 

I've merged your threads so we can see the background.

 

Could you tell us what their POCs [particulars of claim] say please? It would be great if you would type them up minus any identifying information, so we can advise you.

 

HB


Illegitimi non carborundum

 

 

 

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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for starters,

when you defend the claim it is moved to your local court so they have to travel.

 

They obviously fancy their chances because you admitted a liability

by offering them a fiver for their troubles so we will need to know exactly what you said in the letter that made that offer to see if it was without admitting any contractual acceptance.

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We could do with some help from you.

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a breakdown of the amount claimed would be helpful as the original sum was less than £100 so there is the chance to claim Champerty and Maintenance if BW are claiming expenses. ( look this up, might not apply but always worth considering to drop the claim back to £100)

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Thanks Guys,

so the breakdown is Principal Debt £100 Interest £5.72

Court Fees £25.00

Solicitors costs £104

Outstanding balance £234.72

 

 

My letter said the following

 

 

To whom it may concern

I wish to appeal PCN no: ...... under the grounds the 1999 Unfair Terms in Consumer Contracts Regulations.

 

 

The penalty charge that has been issued is massively disproportionate to the effect that this instance has had on the car park owner, and under the above act,

any compensation sum demanded must be ‘fair and reasonable.’

 

 

The cost to park for up to 3 hours in this car park is £1.30 for up to 3 hours.

It has been shown that I entered the car park at 13.36 and left at 14.17.

 

 

This is less than one hour and the penalty charge of £60 is massively disproportionate to the time that I was actually in the car park for, and works out as a charge of £1.30 per MINUTE to park!

 

 

Whilst I accept that I was parked without a ticket,

this was for the sole purpose of finding a toilet for my small child.

 

 

The only toilets on the Peel centre were in Hobby Craft, and these were closed.

This then meant that we had to go over to Costa Coffee

and wait in a large line to use the facilities.

 

 

To settle this issue I believe that a fair charge is £5,

this compensates Excel for the space that I took for the 40 minutes that we were in the car park,

and £3.70 in compensation, this also equates to TWO further cars parking for up to three hours,

and is fair to both parties.

I will not pay anything over and above this amount.

Kind regards

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well, that is not an admission that you actually owed them anything, merely wished to end any action.

 

They are entitled to claim their pound of flesh but will now have a harder job justifying it as a contractual charge.

 

The signage there was changed a while ago as a court found it inadequate and the new signs still cause problems of not being visible to people who park in certain spaces.

 

Now, how did they respond to your offer to meet their actual losses?

 

Also, they will have a massive problem justifying their legal bill as they have just added £50 to the earlier attempt to extort £54 from you as a debt collection fee.

 

 

I would suggest that the £54 solicitors fee is maintenance and not allowed.

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They responded to say that whilst they appreciated my time to appeal that the original charge was still to be upheld.

 

 

It was then sent to two debt collectors where the amount being sought has changed with each letter that has been received.

 

 

I have received a number of phone calls, all of which i have maintained the same response.

 

is there any justification in the amount going form £60 to £100 as well as the solicitors costs at £104?

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ericsbrother, do you think there is less chance of them continuing down this road (CC Claim form) if others like myself have never made contact in any way shape or form..or do you believe they are really going for it no matter what ?


H

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Once a claim has been issued..it is happening...and must be dealt with following the guidance provided in the link above.

 

Andy


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Not had a CC Claim as yet, just wondering whether this occurs because some have had dialogue with them.


H

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Not had a CC Claim as yet, just wondering whether this occurs because some have had dialogue with them.

 

Well Hayleybelle has heaton...I was referring to this posters thread.

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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