excel-bw legal 5years old |
excel-bw legal 5years old |
Mon, 20 Feb 2017 - 16:18
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#1
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Member Group: Members Posts: 30 Joined: 20 Feb 2017 Member No.: 90,395 |
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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Mon, 20 Feb 2017 - 16:18
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Mon, 12 Jun 2017 - 07:30
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#21
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Member Group: Members Posts: 30 Joined: 20 Feb 2017 Member No.: 90,395 |
so today i received i claim forms from the courts is the fact i wasn't the driver a strong enough defence when/if it goes to court?
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Mon, 12 Jun 2017 - 08:13
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#22
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Yes and no.
You should always question every point but you not being the driver and not liable under PoFA should be enough but judges are notoriously fickle so you should attack signage (visibility and content), standing and create an argument for unconscionable under the circumstances (differentiating from Beavis) on any defence. -------------------- 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 10-0 PPC's |
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Mon, 12 Jun 2017 - 08:36
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#23
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Member Group: Members Posts: 30 Joined: 20 Feb 2017 Member No.: 90,395 |
Thanks Rookie, one question i have, as i wasn't the driver, surely questioning the signage would surely imply that i was as i wouldnt need to question it if i never saw it as i was not the driver?
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Mon, 12 Jun 2017 - 08:57
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#24
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Member Group: Members Posts: 8,582 Joined: 9 Feb 2006 Member No.: 4,813 |
Thanks Rookie, one question i have, as i wasn't the driver, surely questioning the signage would surely imply that i was as i wouldnt need to question it if i never saw it as i was not the driver? Not at all. It's a case of 1. I was not the driver and proof it is here..... 2. If you consider that I was the driver then the signs ....... 3. If the signs are considered satisfactory then there is no evidence of them holding a contract etc Just examples though. Choose your own points and build up a strong case. -------------------- The Asda shopping trolley parking ticket enthusiast
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Mon, 12 Jun 2017 - 09:09
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#25
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Member Group: Members Posts: 22,678 Joined: 23 Mar 2009 Member No.: 27,239 |
Not at all for any of several possible reasons :
The driver had told you about the lack of signs Google Streetview doesn't show any signs Internet photographs/forums etc show that the company/location has/had poor signs It might be a location that you had previously visited, although not on this occasion, and not seen any signs Most people, after receiving a parking notice or claim would make a visit to inspect the location The signs have been replaced and you believe it's because they didn't meet requirements If you can access archived Google Streetview images, download and save them for your witness statement If BWL submits pictures of more recent signs, you can demonstrate that their evidence is untruthful |
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Mon, 12 Jun 2017 - 10:24
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#26
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
If you were liable under PoFA you would still go and look at the car park and question whether the driver had an liability at all that had then been passed to you as keeper. A liable keeper can still use those points to show the driver had no liability and therefore nothing could be transferred to them.
-------------------- 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 10-0 PPC's |
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Mon, 12 Jun 2017 - 12:08
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#27
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
FIRST STEP
Acknowledge the claim. Go ONLINE and do it there. Dont enter ANYTHING in the defence section. Do NOT contest jurisdiction unless you live outside engliand and wales. |
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Mon, 12 Jun 2017 - 14:55
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#28
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Member Group: Members Posts: 30 Joined: 20 Feb 2017 Member No.: 90,395 |
Thanks for the help.
I have acknowledge the claim, but I had already filled in the defence section before you commented nosferatu1001, what does this mean now? |
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Mon, 12 Jun 2017 - 15:03
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#29
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Well it means you have submitted a defence, obviously.
What did you put in it? If it wasnt a full and complete defence - and it wont be - then you MUST CALL THE COURT. Tell them you submitted by accident and that DOES NOT constitute your defence. DO THAT NOW. KEEP DOING IT> |
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Mon, 12 Jun 2017 - 15:39
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#30
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Member Group: Members Posts: 30 Joined: 20 Feb 2017 Member No.: 90,395 |
i have contacted the court, they won't remove my defense but i have 24 hours to add to it.
i stated, although i was the rk of the vehicle i was not the driver and as this was pre PoFA i could not be assumed responsible, i also stated that i have visited the location and the signage is not very visable/clear especially if you approach the carpark from a certain direction |
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Mon, 12 Jun 2017 - 16:20
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#31
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Member Group: Members Posts: 6,898 Joined: 15 Dec 2007 From: South of John O'Groats, north of Cape Town. Member No.: 16,066 |
That's a narrative of your defence. What verbatim did you write as a defence?
-------------------- Cabbyman 11 PPCs 0
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Mon, 12 Jun 2017 - 19:21
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#32
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Member Group: Members Posts: 30 Joined: 20 Feb 2017 Member No.: 90,395 |
So what should i re enter as my defence? Are there any templates set up anywhere?
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Tue, 13 Jun 2017 - 09:49
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#33
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
No there arent templates, because defences are more important than that.
WHAT EXACTLY DID YOU WRITE. EXACTLY. Not your narrative. |
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Tue, 13 Jun 2017 - 13:14
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#34
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Member Group: Members Posts: 30 Joined: 20 Feb 2017 Member No.: 90,395 |
I was not the driver of the vehicle which I have responded to the
claimant on several occasions and as this claim was for an alleged offence before the protections of freedoms act 2012 and I have declared I was not the driver they have no cause to pursue me. I have also visited the location of where the alleged offence occurred the signage for the car park is not very clear and if approaching from a different direction it is not visible at all |
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Tue, 13 Jun 2017 - 18:22
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#35
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Ok so what expanded defence have you found while looking around here? There are loads. 2017 onwards.
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Mon, 26 Jun 2017 - 07:29
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#36
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Member Group: Members Posts: 30 Joined: 20 Feb 2017 Member No.: 90,395 |
quick update, the courts came back to me this morning stating bw now have 28 days to notify them if they wish to proceed with there claim
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Mon, 26 Jun 2017 - 12:49
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#37
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
What additional defence did you submit?
If you didnt bother, that would be useful information to have. This post has been edited by nosferatu1001: Mon, 26 Jun 2017 - 12:50 |
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Tue, 27 Jun 2017 - 10:10
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#38
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Member Group: Members Posts: 30 Joined: 20 Feb 2017 Member No.: 90,395 |
no, no additional information was added.
I will keep you posted on the outcome |
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Tue, 27 Jun 2017 - 10:48
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#39
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Member Group: Members Posts: 22,678 Joined: 23 Mar 2009 Member No.: 27,239 |
Can't understand OPs that ask for and follow advice at all the preliminary stages but go off-piste on their own when it comes to the only document that actually matters
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Tue, 27 Jun 2017 - 13:26
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#40
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
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