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excel-bw legal 5years old
CONFUSEDMAN365
post Mon, 20 Feb 2017 - 16:18
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Hi

I know there has been many posts with regards to BW legal and there pursuit of old PCN's I have recently received 2 myself, before I respond to them I was wondering if someone may be able to help with my question which is as follows? how have they managed to locate me? I have moved house numerous times and not had a vehicle registered at my current address? I was wondering if they had obtained my details fraudulent.

any ideas?
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post Mon, 20 Feb 2017 - 16:18
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Jlc
post Mon, 20 Feb 2017 - 16:26
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A tracing service - nothing fraudulent. (Better that than a default judgment)

This post has been edited by Jlc: Mon, 20 Feb 2017 - 16:27


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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CONFUSEDMAN365
post Mon, 20 Feb 2017 - 16:39
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yes I am pleased in a way that they found me as there would be nothing worse then having 2 default judgement's against me i was just wondering if there was more i could throw into my reply to deter them from pursuing longer then it should be
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Jlc
post Mon, 20 Feb 2017 - 16:43
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They have 6 years to commence proceedings.

But of course the Protection of Freedoms Act wouldn't apply so there's no automatic 'keeper liability'. If the keeper wasn't driving then it's potentially a very good defence.


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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CONFUSEDMAN365
post Mon, 20 Feb 2017 - 19:12
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Very true as it was so long ago I can't recall 100% who would have been driving as numerous people had access to the vehicle in question. Has anyone had a successful defense yet that you know of based on this without having to go to court?
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nosferatu1001
post Tue, 21 Feb 2017 - 10:38
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Yes, lots.
Have you checked out completed cases? You need to do your own research!
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ostell
post Tue, 21 Feb 2017 - 11:43
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So are those PCNs prior to October 2012, the introduction of POFA? If so just write to them denying any keeper liability. And remind them of your new address.
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CONFUSEDMAN365
post Tue, 21 Feb 2017 - 12:16
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QUOTE (nosferatu1001 @ Tue, 21 Feb 2017 - 10:38) *
Yes, lots.
Have you checked out completed cases? You need to do your own research!


i have looked a few past cases but the 4/5 i have seen there was no out come at the end of the thread, and a few of the others were currently at the court stage

QUOTE (ostell @ Tue, 21 Feb 2017 - 11:43) *
So are those PCNs prior to October 2012, the introduction of POFA? If so just write to them denying any keeper liability. And remind them of your new address.



yes one is from march 2012 and the other feb 2012

i am just currently preparing my replies to both i will post here before sending
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The Rookie
post Tue, 21 Feb 2017 - 12:23
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Any response from a case where Excel have failed to comply with PoFA (erm...all of them) would be applicable - just skip over why they haven't complied/


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 8-0 PPC's
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Lynnzer
post Tue, 21 Feb 2017 - 12:26
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QUOTE (CONFUSEDMAN365 @ Tue, 21 Feb 2017 - 12:16) *
QUOTE (nosferatu1001 @ Tue, 21 Feb 2017 - 10:38) *
Yes, lots.
Have you checked out completed cases? You need to do your own research!


i have looked a few past cases but the 4/5 i have seen there was no out come at the end of the thread, and a few of the others were currently at the court stage

QUOTE (ostell @ Tue, 21 Feb 2017 - 11:43) *
So are those PCNs prior to October 2012, the introduction of POFA? If so just write to them denying any keeper liability. And remind them of your new address.



yes one is from march 2012 and the other feb 2012

i am just currently preparing my replies to both i will post here before sending

do the Sod Off letter from the bottom of the templates on my signature link. It sets them up for a breach of the DPA.

This post has been edited by Lynnzer: Tue, 21 Feb 2017 - 12:27


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CONFUSEDMAN365
post Tue, 21 Feb 2017 - 12:28
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Ref xxxxxxxxxxx

Dear Sir or Madam

I write with regards to the above mentioned fore mentioned reference.

I deny any debt to Excel Parking Services and/or yourselves (B W Legal)

To clarify, whilst I was the registered keeper of that vehicle at the time, the alleged parking event occurred before the Protection of Freedoms Act 2012 and as such your client has no right to pursue me, as the keeper, for payment. I understand your clients typical defence in these cases is to quote criminal case law, Elliot vs Loake (1982) however you will be no doubt be aware this defence was ruled as not persuasive under very similar circumstances in Excel v Mr C C8DP37F1 Stockport (31/10/16).

Regards

xxxx


is it acceptable to email them?
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Jlc
post Tue, 21 Feb 2017 - 12:30
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It would be much better if you could state you weren't driving...


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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CONFUSEDMAN365
post Tue, 21 Feb 2017 - 12:38
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QUOTE (Jlc @ Tue, 21 Feb 2017 - 12:30) *
It would be much better if you could state you weren't driving...



Ref xxxxxxxxxxx

Dear Sir or Madam

I write with regards to the above mentioned fore mentioned reference.

I deny any debt to Excel Parking Services and/or yourselves (B W Legal)

To clarify, whilst I was the registered keeper of that vehicle at the time I was not the driver and nor can I recall who would have been and as the alleged parking event occurred before the Protection of Freedoms Act 2012 and as such your client has no right to pursue me, as the keeper, for payment. I understand your clients typical defence in these cases is to quote criminal case law, Elliot vs Loake (1982) however you will be no doubt be aware this defence was ruled as not persuasive under very similar circumstances in Excel v Mr C C8DP37F1 Stockport (31/10/16).

Regards

xxxx

is that ok?

also is it ok to reply to them via email?
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CONFUSEDMAN365
post Wed, 19 Apr 2017 - 09:52
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Hi

since telling them i was not the driver of the vehicle they replied asking me to name who was which i duly declined and today i have received the attached, any suggestions what to do know?

This post has been edited by CONFUSEDMAN365: Wed, 19 Apr 2017 - 09:56
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Gan
post Wed, 19 Apr 2017 - 10:05
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Nothing's attached and you haven't said what it is
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nosferatu1001
post Wed, 19 Apr 2017 - 11:12
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Go to the READ FIRST sticky and use an external site to host.
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CONFUSEDMAN365
post Wed, 19 Apr 2017 - 12:14
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nosferatu1001
post Wed, 19 Apr 2017 - 12:17
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Its their old template

THis is pre POFA, so stating you were not the driver IS your main defence - that only the driver can possibly have any liability. They must prove who the driver is.

Simple response back stating your position is unchanged, and you note they are still using their poorly constructed, inaccurate and misleading template. You suggst they update it.
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CONFUSEDMAN365
post Wed, 19 Apr 2017 - 12:27
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thank you for your fast response
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Lynnzer
post Wed, 19 Apr 2017 - 12:57
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QUOTE (nosferatu1001 @ Wed, 19 Apr 2017 - 13:17) *
Simple response back stating your position is unchanged, and you note they are still using their poorly constructed, inaccurate and misleading template. You suggest they update it.

No. They might.


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