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Ancient Excel Parking Fine now with B W Legal, Ignore or respond?
ancient_parking_...
post Fri, 22 Jul 2016 - 09:19
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Hello, I am sure there have been many previous posts on this matter but I am looking for some advice.

I received a parking notice nearly 6 years ago from Excel parking which after looking online I ignored. It seems they went away after various threatening letters.

In the last month, I received correspondence saying that this had now been passed onto B W Legal and that they would be in touch to recover the £154 that I now apparently owe.

Now there are a few factors to consider here;
- I no longer live at the address the letters are coming too, it is my parents house.
- I no longer own that car, not for at least 4 years anyway, I believe it was actually crushed as it was on its last legs!

So my question is should I do any of the following;
- Continue to ignore as it is coming up on the 6 year mark (and it is my understanding they cant do anything after 6 years?)
- Write a stern defensive letter to B W Legal (would need some help with that!)
- Wait until I get another letter to my parents and write 'recipient no longer lives at this address - current address unknown' in it and put it back in the post
- another option that I haven't considered?

I was planning on just ignoring the letter but then I had a missed call from a number I don't know, after googling it it was B W Legal (not sure how they got my number), could answer if they call again and pretend to be someone else?

But I am thinking that A) they have no proof that I parked the car and left it there all those years ago and B) Since I no longer live at that address I could technically claim that I have never received any correspondence from them?

Any advice on what I should do would be great as I don't want to end up in court and I am guessing it is too late to appeal this, I just didn't want to engage them incase it makes matters worse and they know I am 'paying attention'

oh and before anyone asks I don't think I have any letters from either Excel or B W Legal that I have kept....

Thanks - a concerned person
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post Fri, 22 Jul 2016 - 09:19
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ancient_parking_...
post Thu, 20 Sep 2018 - 13:06
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Okay, they are really getting on my nerves now! I have received no response to my cease and desist letter from August, but instead, they keep calling me.
They tried twice today from a new number that I didn't have saved (good job I don't pick up to unknown numbers and I always google them first)

I don't want to block their numbers on my phone because then I won't know if they have tried to call me or not.

I tried to report them to OFCOM but I couldn't see any categories that fit the bill (from what I can see I can only complain about abandoned calls, silent calls, telesales and marketing calls)

Is there anything else I can do? I don't understand why they keep trying to call me, maybe just to scaremonger, but I have never spoken to them on the phone, nor given my consent (or provided my number) for them to call me.

I also reported them to the SRA to which I also haven't received a response.
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ostell
post Thu, 20 Sep 2018 - 13:47
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Formal letter telling them that they must not contact you by phone. Their calls are harassment and if not stopped you will consider taking action against them and use Ferguison v British Gas as your base.
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ancient_parking_...
post Thu, 20 Sep 2018 - 14:00
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I have thought about doing that, but at the moment they have no confirmation that the number they are calling is actually mine, as I have never answered.

By sending them a letter insisting they stop calling me, I am indirectly confirming that I have indeed seen their calls and they have the right number for me.

Or is that irrelevant?
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nosferatu1001
post Thu, 20 Sep 2018 - 14:01
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If you have already sent a lcease and desist citing harassment, send them a LBA showing the issues since - itemise the calls, and the fact they even used a new number in the hope you would answetr this one - and inform them you WILL sue them if they continue.

Minimum of £1000 I would say. CIte Gerfuson vs B G
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Redivi
post Thu, 20 Sep 2018 - 14:42
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I agree to now issue the formal LBA using the official Pre-action Conduct form

I would, however, go for about £300 and hold VCS and BWL jointly and severally liable for the damages
Holding VCS jointly liable would cause it to be irritated with BWL

Judges are reluctant to award significant damages for harassment unless it's causing genuine distress rather than aggravation

The lower amount would leave VCS / BWL deciding whether to fight the claim

It also enables the OP to argue that ParkingEye v Beavis is relevant :

It is in the public interest to discourage the BWL behaviour
The charge has to be worth the effort of recovery
It is not disproportionate, and comparable with the advantage that VCS/BWL hoped to gain by their actions

This post has been edited by Redivi: Thu, 20 Sep 2018 - 14:45
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ancient_parking_...
post Thu, 20 Sep 2018 - 14:56
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I feel a bit out of my depth with this one, is there no way this could backfire?
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Redivi
post Thu, 20 Sep 2018 - 15:08
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You can give them an option

As a gesture of goodwill you are prepared to give them seven days to confirm that the matter is closed after which your claim for damages will stand
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ancient_parking_...
post Fri, 21 Sep 2018 - 10:26
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Okay, so I received another letter from BW Legal this morning, but they have not addressed my letter, they have just sent a standard "despite previous reminders etc." and are offering me a 40% discount, I received an identical letter back in August 2016, it feels like I am just on an automated reel and they aren't registering my responses.

I also received a reply from the SRA today, see attached for those interested. It appears they still aren't concerned.

This post has been edited by ancient_parking_ticket: Fri, 21 Sep 2018 - 10:27
Attached File(s)
Attached File  POL_1245395_2018_20180919111432.pdf ( 327.81K ) Number of downloads: 64
 
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Redivi
post Fri, 21 Sep 2018 - 10:47
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The SRA looks after its own

A tactic I used successfully with a company that kept bothering me was to publish the phone numbers of its directors and accountant

I called one of the directors at home and told him what I'd done

If this isn't possible, the OP could still recruit a team of his friends and neighbours to continually call BWL to complain about his treatment
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ancient_parking_...
post Mon, 24 Sep 2018 - 14:25
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Okay, how about this for my response:

"Dear Sirs,

Ref: xxxxx

I am writing in response to your most recent letter dated xx/xx/xx, offering me a discount on the disputed parking fine, I note that you did not respond to my most recent correspondence, but issued me one of your standard template letters instead.

In my last letter dated xx/xx/xx I issued you with a cease and desist and instructed you to confirm in writing that this matter was closed (due to it being statute barred) and I provided you with seven working days in which to do so.

I have received no response from you regarding this matter and instead have been inundated with multiple, daily phone calls (a log of which you can find attached). I have never given permission for you to contact me by telephone, and I consider this to be harassment, please take this as a formal warning for you to stop contacting me via telephone, or legal proceedings will follow.

As a gesture of goodwill, I am prepared to provide you once again with seven days to confirm that the matter is now closed, after which I will begin the processes to pursue a claim for damages against you and your client VCS.

Yours sincerely,

XXXXX"
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Jlc
post Mon, 24 Sep 2018 - 14:36
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Are you actually going to raise a claim?

If so, then I'd construct it as a proper Letter Before Claim. As it stands they can simply ignore it (again).


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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ancient_parking_...
post Mon, 24 Sep 2018 - 14:40
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I would really rather not, I can't really afford to go through that financially or timewise, but I am not sure what else I can do?

I'm just at my wit's end, they are calling me three times a day most days now...
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ManxRed
post Mon, 24 Sep 2018 - 14:43
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Next time they call, say 'I'll just get him for you' and put the phone on a table and leave it. A few goes of that and they'll soon give up.


--------------------
Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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ostell
post Mon, 24 Sep 2018 - 14:47
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The cost to start a claim is minimal, and you claim it back anyway.

Claim amount Online claim fee
Up to £300 £25
£300.01 to £500 £35
£500.01 to £1,000 £60
£1,000.01 to £1,500 £70
£1,500.01 to £3,000 £105
£3,000.01 to £5,000 £185

This post has been edited by ostell: Mon, 24 Sep 2018 - 14:48
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ancient_parking_...
post Mon, 24 Sep 2018 - 14:50
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ostell - I see that isn't actually that much.
Wouldn't I need to get my own legal representation though?

ManxRed - I have thought about doing something like that when they phone (just leaving it) but as I mentioned before, they have no confirmation that it is actually my number as I have never answered, so I am reluctant to answer when they do call as I don't want to spur them on.

This post has been edited by ancient_parking_ticket: Mon, 24 Sep 2018 - 14:51
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cabbyman
post Mon, 24 Sep 2018 - 14:52
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Block the number.


--------------------
Cabbyman 11 PPCs 0
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ManxRed
post Mon, 24 Sep 2018 - 14:54
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QUOTE (ancient_parking_ticket @ Mon, 24 Sep 2018 - 15:50) *
ManxRed - I have thought about doing something like that when they phone (just leaving it) but as I mentioned before, they have no confirmation that it is actually my number as I have never answered, so I am reluctant to answer when they do call as I don't want to spur them on.


In that case I would push ahead with a Letter Before Claim. You don't need legal representation. Make sure you mention Ferguson v British Gas when referring to harassment.

Log all the calls and times, even if they go unanswered.


--------------------
Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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ancient_parking_...
post Mon, 24 Sep 2018 - 15:02
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QUOTE (cabbyman @ Mon, 24 Sep 2018 - 15:52) *
Block the number.


If I block the number I won't be able to see if they have tried to call me though will I?

QUOTE (ManxRed @ Mon, 24 Sep 2018 - 15:54) *
QUOTE (ancient_parking_ticket @ Mon, 24 Sep 2018 - 15:50) *
ManxRed - I have thought about doing something like that when they phone (just leaving it) but as I mentioned before, they have no confirmation that it is actually my number as I have never answered, so I am reluctant to answer when they do call as I don't want to spur them on.


In that case I would push ahead with a Letter Before Claim. You don't need legal representation. Make sure you mention Ferguson v British Gas when referring to harassment.

Log all the calls and times, even if they go unanswered.


If I am honest I really don't feel comfortable about the prospect of having to take them to court!
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Redivi
post Mon, 24 Sep 2018 - 15:17
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Can you set up your phone to call divert ?

If you divert the call to their own phone number, it will cause confusion as well as tie up two of their lines

Diverting calls to Gladstones will confuse them even more
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cabbyman
post Mon, 24 Sep 2018 - 15:19
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Nice! laugh.gif


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Cabbyman 11 PPCs 0
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