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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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CONFUSEDMAN365
post Mon, 6 Aug 2018 - 19:46
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Well after almost 9months, I received a letter today from bw legal saying they are asking the courts to strike out the stay and issue a judgment, should i be concerned?
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cabbyman
post Mon, 6 Aug 2018 - 19:49
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This seems a new tactic by BWL. It's the second or third one recently where they are asking to lift the stay.


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Cabbyman 10 PPCs 0
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Jlc
post Mon, 6 Aug 2018 - 20:29
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If the defence is half decent then it's unlikely it would be struck out and judgment given.

It seems another attempt to scare people to pay up.


--------------------
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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Albert Ross
post Mon, 6 Aug 2018 - 20:34
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QUOTE (CONFUSEDMAN365 @ Sat, 2 Sep 2017 - 18:15) *
hi all

great news, today i received a letter from bw legal saying they have discontinued there claim, i am checking with the courts on monday to make sure its not just a false/tactic by them to stop me from sending anything to the court and will post back here once i hear anything


Had they discontinued or had the claim stayed.
If it was discontinued then there is no stay to lift.

If it was five years old in Feb 17 has it become statute barred if new proceedings are brought?


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The owl of Minerva spreads its wings only with the falling of the dusk.
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CONFUSEDMAN365
post Mon, 6 Aug 2018 - 21:29
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QUOTE (Albert Ross @ Mon, 6 Aug 2018 - 21:34) *
QUOTE (CONFUSEDMAN365 @ Sat, 2 Sep 2017 - 18:15) *
hi all

great news, today i received a letter from bw legal saying they have discontinued there claim, i am checking with the courts on monday to make sure its not just a false/tactic by them to stop me from sending anything to the court and will post back here once i hear anything


Had they discontinued or had the claim stayed.
If it was discontinued then there is no stay to lift.

If it was five years old in Feb 17 has it become statute barred if new proceedings are brought?



There letter last year said they had discontinued the claim, there letter today says they are asking for the stay to be struck out so it’s left me a little confused

QUOTE (cabbyman @ Mon, 6 Aug 2018 - 20:49) *
This seems a new tactic by BWL. It's the second or third one recently where they are asking to lift the stay.



Should I be concerned? Do you know if any of the others have had anymore correspondence from bw? They say in the letter i have 21days to pay

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The Rookie
post Tue, 7 Aug 2018 - 04:20
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Check with the court.

If BW said the sky was blue and the grass green I'd check before believing them.

I also wonder if its a tactic to see if a defendant replies and if they don't trying to get a judgement against a 'moved on' defendant.


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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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Redivi
post Tue, 7 Aug 2018 - 07:00
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Check with the court.

The best advice

Usually when BWL doesn't respond to a defence, the case is simply stayed by the court - and you won't be told

The earlier post, however, does say that the OP was told by the court that the case was discontinued far enough in advance that he couldn't claim costs

I also wonder if its a tactic to see if a defendant replies and if they don't trying to get a judgement against a 'moved on' defendant

That's what I was wondering when I drafted a reply to a similar message yesterday

It could be that Excel-VCS-BWL are going through the back catalogue and haven't realised they discontinued this case

Wouldn't have thought it very efficient

It's a good investment of £15 to issue a roboclaim for £200 in the hope of a default judgment or a victim caving in
It doesn't make sense to pay £100 to revive a claim for £200 that already has a sound defence, unlikely to be simply struck out

If the court confirms that the claim has been discontinued, I would be tempted not to reply to the letter
Let BWL pay £100 to discover their mistake
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Jlc
post Tue, 7 Aug 2018 - 07:57
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Seems like the last roll of the dice but never underestimate the roboclaim...


--------------------
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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emanresu
post Tue, 7 Aug 2018 - 08:07
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If there is a letter saying the claim is discontinued and then a further letter saying they are lifting a "stay" then this is an issue for the SRA and/or the courts for abuse of process.

Check your details, get copies and if you don't have copies do a Subject Access Request to get them. Then raise the complaint with the SRA.


--------------------
Where there is a claim - there is a counterclaim.
Are Parking companies misusing your personal data or interfering with your lease? Counterclaims are only £25. Makes them sit up and take notice. For leaseholds, join in the Managing agents too. Since the purpose of these claims is to frighten you, give them something to be frightened of.
Subject Access Requests to the DVLA?Find out who accessed your data and when. Try SubjectAccess.Requests@dvla.gsi.gov.uk. [Apologies if it does not work]
Double Dip / ANPR FaultsThe BPA Report on ANPR Double Dips is here. Ideal case for a counterclaim (see above).
Daily Court List. See who is doing what and where here
Printing and posting Witness Statements. Easy and cheap way DoxDirect
What is court like. A District Judge's view
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nosferatu1001
post Tue, 7 Aug 2018 - 09:47
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Indeed, find a copy of your letter saying they discontiniued
Then send a complaint to the SRA
And also check with the court whether they can do this - we know they cannot but it might alarm the court enough to start their OWN enquiries.
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CONFUSEDMAN365
post Thu, 9 Aug 2018 - 20:30
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Checked with the courts, claim was definitely discontinued by bw. What should i do know? Just ignore the latest letter?
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Redivi
post Fri, 10 Aug 2018 - 00:43
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Dear BWL

Ref ****

I have received your letter dated **** stating that you intend to lift the stay

The claim has not been stayed
It has been discontinued

Please confirm within seven days that the matter is closed
A failure to do so, or any other response, will be immediately reported to the Solicitors Regulatory Authority

Yours Faithfully
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