PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

Excel Parking/VCS/BW Legal coming up to 6 years
the_ism
post Mon, 8 Oct 2018 - 17:04
Post #1


New Member


Group: Members
Posts: 7
Joined: 3 Oct 2018
Member No.: 100,181



Hi all,

I've been searching around your website and Money Supermarket, and feel a bit silly as I can't seem to find a definitive answer, and in all honesty feel a bit out of my depth with this, so hoping for some advice.

I've received a Final Notice letter from BW Legal, with VCS as their client, dating to a PCN from December 2012 for a car I no longer own.

Now the car was in the car park at the time, and when I initially received a letter I said I would not pay the PCN as the amount seemed unreasonable and that they could only claim for the earnings lost on account of me parking there without a ticket (even though the car park was nearly empty!), which from my research at the time was the best response.

I did also receive a letter prior to this one which was "the First Letter" as they call it, which I ignored. Shortly after this, the phone calls from BW Legal started, which I have also ignored.

I know it's approaching the 6-year mark which is why they are hounding me. As the contravention was late in 2012, I think they can hold it against the Registered Keeper, but please correct me if I'm wrong? I've also noticed that at the time the car park was managed by Excel Parking and not VCS.

I'm not really sure what my response, if any, should be at this point? Can I go for the "I entered into an agreement with Excel Parking and as such VCS has no grounds to seek a claim"?

Sorry if this has been asked a million times, but I have attempted to search for VCS Excel and BW legal. I just fear I'm missing something.

Any help will be much appreciated!

Many Thanks!
Go to the top of the page
 
+Quote Post
2 Pages V  < 1 2  
Start new topic
Replies (20 - 28)
Advertisement
post Mon, 8 Oct 2018 - 17:04
Post #


Advertise here!









Go to the top of the page
 
Quote Post
henrik777
post Thu, 11 Oct 2018 - 20:49
Post #21


Member


Group: Members
Posts: 1,717
Joined: 16 Nov 2008
Member No.: 24,123



QUOTE (ostell @ Thu, 11 Oct 2018 - 21:30) *
There was one where they lost because of this


If VCS went bust would Excel pay their debts ? Of course not. They're different companies (related means little).

They should always lose on this. If not they'll lose on appeal.
Go to the top of the page
 
+Quote Post
the_ism
post Sun, 25 Nov 2018 - 14:16
Post #22


New Member


Group: Members
Posts: 7
Joined: 3 Oct 2018
Member No.: 100,181



Sorry about the lack of posts, have been a bit busy with work. But I have received a letter from BW Legal:



Am I now at the point where I need to go with Cabbyman's advice and require details of notices, signs, and authority that they intend to rely on in court and ask for this within 28 days?

Thanks again for all your help.
Go to the top of the page
 
+Quote Post
bearclaw
post Sun, 25 Nov 2018 - 15:49
Post #23


Member


Group: Members
Posts: 230
Joined: 15 Nov 2017
Member No.: 95,103



Have you had anything back from them about the SAR you made? They were presumably made well over a month ago now?
Go to the top of the page
 
+Quote Post
ostell
post Sun, 25 Nov 2018 - 15:53
Post #24


Member


Group: Members
Posts: 8,924
Joined: 8 Mar 2013
Member No.: 60,457



OK, the target now is to get them to not raise a claim before 24th December. I would suggest a letter to them asking for further information so that you can narrow the issues between you before you decide on your response. The aim is get them past the 6 years beofre they start the claim. This recent post in another thread seems appropriate.. You request that they halt processing until such time as they provide satisfactory answers and you have had time to consider those answer. Hopefully it will become statute barred.

If not then the defence will be that they are strangers to any alleged contract. They will not then be able to raise another claim as Excel as they will be past the 6 years. Well they may raise it but it would be futile
Go to the top of the page
 
+Quote Post
Redivi
post Sun, 25 Nov 2018 - 18:33
Post #25


Member


Group: Members
Posts: 2,366
Joined: 31 Jan 2018
Member No.: 96,238



You need to respond pronto, preferably by email

You're already past their deadline
Go to the top of the page
 
+Quote Post
SchoolRunMum
post Sun, 25 Nov 2018 - 19:41
Post #26


Member


Group: Members
Posts: 18,406
Joined: 20 Sep 2009
Member No.: 32,130



Send Excel another SAR online and tell BW Legal, in writing, that the case is subject to a SAR and that a claim now would be premature and the matter must be placed on hold whilst the data processing issue is processed and you are then given time to consider the data provided.
Go to the top of the page
 
+Quote Post
the_ism
post Mon, 26 Nov 2018 - 15:25
Post #27


New Member


Group: Members
Posts: 7
Joined: 3 Oct 2018
Member No.: 100,181



Hi all, thanks for the responses. I'll be honest so far I haven't sent them any letters or made a SAR online. I think I might have messed up by leaving things so late! BangHead.gif

The letter that ostell recommended seems great but refers to letters that have already been sent or received. Would I be okay to go with something like this:

Thank you for your letter. I request that you provide a Letter Before Claim (LBC) that complies with the requirements of the Practice Direction on Pre-action conduct. As such can you please send me the following information/documents:

1. An explanation of the cause of action
2. Whether they are pursuing me as driver or keeper
3. A copy of the notice to keeper
4. Whether they are relying on the provisions of Schedule 4 of POFA 2012
5. What the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated
6. Provide me a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1
7. A plan showing where any signs were displayed
8. Details of the signs displayed (size of sign, size of font, height at which displayed)
9. Provide details of the original charge, and detail any interest and administrative or other charges added.

Please provide the following information within 28 days, as you should already be in possession of the relevant documents this should be a trivial matter. A refusal to comply with the Practice Direction will result in an immediate referral to the Solicitors Regulation Authority. I also request that you halt processing until such time as satisfactory answers to the above are provided and I have had time to consider those answers.

As always any help/suggestions are much appreciated. Thanks all.
Go to the top of the page
 
+Quote Post
bearclaw
post Mon, 26 Nov 2018 - 16:02
Post #28


Member


Group: Members
Posts: 230
Joined: 15 Nov 2017
Member No.: 95,103



Also send a SAR to the parking company (NOT to the solicitors). Do it NOW should be done ages ago but there you are.

Tell the solicitors that you have sent an SAR to the parking company to narrow the issues as you still havent the info and ask them to wait until the parking co have responded tell them it's to help narrow the issues as per the PAP etc.... make it sound reasonable that you are trying to comply. Might get them to wait - they in theory should talk to their clients and tell them... it all adds time
Go to the top of the page
 
+Quote Post
the_ism
post Tue, 27 Nov 2018 - 15:06
Post #29


New Member


Group: Members
Posts: 7
Joined: 3 Oct 2018
Member No.: 100,181



Thanks for the advice guys.

Did both first thing this morning. Will let you know when I hear back.
Go to the top of the page
 
+Quote Post

2 Pages V  < 1 2
Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Sunday, 16th December 2018 - 14:02
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.