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Wednesday, 4 May 2016

BW Legal...go legal

New kids on the block BW Legal have finally filed a parking claim after months of speculation on the parking forums whether they were just debt collectors. or whether they would actually file a claim.

This post on pepipoo states they have filed a claim on behalf of Excel Parking. (The Prankster is aware of more claims also filed in this batch). Somehow the parking charge of £100 has been artificially inflated to £245.

They have picked a fairly interesting case to start with, which in The Prankster's opinion shows their unsuitability for the job. In this particular case, the keeper is not the driver and therefore BW Legal will have to rely on keeper liability. However, Excel Parking, by their own admission, do not serve Notices to Keeper which are compliant with the Protection of Freedom's Act 2012. BW Legal are fully aware of this, because they have been informed by The Prankster.

Regardness of the correctness of the notice, keeper liability would not apply in any case because Excel Parking have been informed of the name and address of the driver before proceedings started.

BW Legal are therefore early contenders for The Prankster's "Most Incompetent Solicitors of The Year" annual award. This is not a done deal - they will have a long way to go to match Gladstones Solicitors. As well as filing incorrect information in witness statements, Gladstones have also filed claims against keepers in cases where keeper liability did not apply and where the keeper was not the driver. Gladstones are therefore in The Prankster's opinion, still currently the most incompetent solicitor firm currently handling parking related cases. This is slightly worrying, as the directors of Gladstones are also the directors of the IPC (Intentionally Perverse Corporation**), and therefore their incorrect interpretation of the law financially affects millions of motorists.

The case filed by BW Legal concerns the Peel Centre. This is one of the most complained about car parks in The Prankster's postbag, which in The Prankster's opinion is because it is one of the worst signed car parks in the country. A motorist could for instance drive in and park by KFC without ever passing a readable parking sign. So many motorists complain of not seeing the signs that it is obvious something is badly wrong.


The diagram above shows most parking spaces are not within easily visible range of a parking sign.

Of course, just because a firm of solicitors is incompetent does not mean they will not win court cases - even Gladstones won one recently. The small claims process is something of a lottery so The Prankster suggests all defendants file robust defences.

Happy Parking

The Parking Prankster


** This may not be the correct current acronym. The Prankster is unable to keep up with all the name changes

49 comments:

  1. Presumably the Solicitors signed a statement of Truth that keeper liability applied and that the client did not know the name of the driver and they don't mind a contempt of Court charge or SRA investigation?

    Funny old world when, over the years, the significance of a Statement of Truth has become less important than Kim Kardashian. Is there anyone at home at the SRA?

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  2. like lambs to a slaughter

    Costs for the case

    £ 100 parking
    £ 16.92 interest
    £ 25 court fees
    £ 104 solicitors costs

    £ 245.92 in total

    naughty solicitor's , the max in county court for filing a claim is £50

    ReplyDelete
  3. They've just rang me about a fine in 2012 which I refused to pay as I parked up because my child was being sick. They have Said I will get a CCJ againot my name without going to court is this scare tactics or is that likely to happen? Also it was athe peel centre and I rushed my child into a toilet to clean him up and I stated this in my appeal at the time it happened

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  4. Hi, I moved and my replacement flagged I was getting lots of post from BW (which she binned). I have recently taken a call from them and after seeing the various threads that suggests no action could be the worst idea I engaged them and gave them my new address.
    The claim is bogus, but I am keen to avoid tripping myself up so what is the best course of action as I cannot have a CCJ against me due to my line of work.
    Thanks
    R

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  5. BW Legal are taking my wife to court!!! We have had a letter today telling us that they will be going to court over a parking issue. The circumstances being that my wife was visiting a client in Liverpool and was on an industrial estate. She missed her turning and as she went to turn she broke the heel off her shoe! In order not to drive in a dangerous manner she pulled up in a bit of a driveway/access gate area to change her shoes as she has flat shoes in the car. She quickly billed her client too to say she was slightly late. It was at this point she got photographed and parking fine issued. We disputed it giving the above reason saying it was unsafe etc. Ignored and last month County court letter. Again disputed and defence above given even stating my wife wasn't actually on the carriageway! Now this letter saying "their client" is proceeding to court. We're not bothered that much as we think we were doing the right thing and are willing to attend court. From what I have read the company BW sound like a glorified debt recovery agency. And why would they send us a letter saying they are proceeding?? With the debt and contact details on? My thoughts are that they are trying to scare us and try to make us bail out of court!! What are your thoughts on this???

    ReplyDelete
    Replies
    1. email me at prankster@parking-prankster.com for specific advice

      Delete
  6. Hi, BW Legal have sent me a CCJ about a parking fine. I didn't know if you was allowed to park there as there was no signs. I pulled up and checked to look at a few, little signs that are hard to see and they just said the usual Loading bay etc. So i didn't park there or get out of my car. I went and paid for my parking as i was only nipping into a shop. What process can i take to stop these harassing me or can i ignore them?
    Thank you

    ReplyDelete
    Replies
    1. Email me a copy of their letter to prankster@parking-prankster.com

      Delete
    2. Thank you very much! I shall do that this evening

      Delete
    3. Sorry not this evening, it will be tomorrow! Is that ok?

      Delete
  7. Of course. It is better that you email me than keep commenting here as it is easier for me to keep track of

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  8. BW Legal have started sending me CCJ threats now, previously I was getting them form a company called Howard Nuttall? Or something. For parking in a car park, whilst I had a valid permit to park in said car park. Cllllllll the way back in 2014!!! I (Maybe) forgot to show it at the time of the infringement. What do I do? I've contacted the original parking company and informed them of this and everything. Still I receive letters to this day!

    ReplyDelete
    Replies
    1. BW file claims if you do not reply. Email me at prankster@parking-prankster.com for more info

      Delete
  9. My son has been told that if he doesn't pay his fine by 27 September they will take legal action. This has been going on since 2012 when they reckon he overstayed the maximum period at Parc Tawe Retail Park Llanelli, they have him entering in the morning and leaving late afternoon, but what they seemed to have conveniently missed is him leaving shortly after entering the first time and him returning later that afternoon to return something to one of the shops. He was receiving letters from Whites solicitors but they stopped some time ago after ignoring them as suggested on the money expert site. Should my son be worried??

    ReplyDelete
    Replies
    1. email me at prankster@parking-prankster.com for specific advice

      Delete
  10. BW Legal are threatening my son with legal action if he doesn't pay by 27 September, the so called offence took place in March 2012 at Parc Tawe Llanelli for parking longer than the maximum period, they have him entering in the morning and leaving late afternoon but what they conveniently seemed to have missed is him leaving shortly after arriving the first time and returning later that day to take something back to one of the shops! He was receiving letters from Whites solicitors which he ignored after reading Martin Lewis blogs and all went quiet for quite a while but now these are writing and phoning! Should he be worried?

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  11. Are the letters from bw legal threatening ccj action genuine?

    ReplyDelete
  12. Are the letters from bw legal threatening ccj action genuine?

    ReplyDelete
  13. If you do nothing they will file a court claim which then must be defended. Their letters are cleverly worded to make it appear as if you automatically get a CCJ, but this only happens if you both lose the case and then don't pay up. You should therefore complain about the misleading letter to the credit services association

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  14. We have just discovered that my Wife has had a CCJ since June for a parking fine, however we have not recieved any documentation to say this was happening. Can someone help us.

    ReplyDelete
    Replies
    1. Contact me at prankster@parking-prankster.com

      Delete
  15. Hi got a letter from bwlegal legal friend keeps saying ignore them because I was parked in a private car park were I was working in had a letter saying were I was working and parked there all week and on the Saturday parked there to get my mixer and got a ticket I stopped the officer to tell him I'm at the building were the parking spot was for should I just pay them or keep ignore it

    ReplyDelete
    Replies
    1. Contact me at prankster@parking-prankster.com

      Delete
  16. I also recieved a letter from BW Legal today saying that unless I pay £154 in 16 days they will start legal proceedings. The fine was paid. We recieved a second letter from excel parking saying it hadn't been paid. After checking bank statements we rang to give them dates and bank ref numbers! But they still carry on! ��

    ReplyDelete
    Replies
    1. Contact me at prankster@parking-prankster.com

      Delete
  17. I am being taken to court on the 11.10.16 The action is taken by bw legal, on behalf of their client peel holdings. I sold a vehicle, which was parked in Speke, photographed and a PCN was sent to me. I told the sender that I wasn't the owner, or driver. I had sold the vehicle prior to it being ticketed. I had my appeal turned down, that was over 2 years ago. I will submit a defense of my not being the driver, owner of the vehicle, and I had informed them of the new owners details. They want £250 approx, and have been told I will have CCJ against my credit history if I lose the case.

    ReplyDelete
  18. I have received a letter from BW Legal chasing payment for a parking charge from over 4 years ago. I disputed this at the time as I overstayed the 2-hour time limit (which I wasn't aware of) because my baby was having a nap in the car, and then we ended up taking a long time in the shop. Should I contact them to dispute this? How do I proceed? Or do I just ignore this? Thanks!

    ReplyDelete
    Replies
    1. Contact me at prankster@parking-prankster.com

      Delete
  19. I have received a letter from BW Legal chasing payment for a parking charge from over 4 years ago. I disputed this at the time as I overstayed the 2-hour time limit (which I wasn't aware of) because my baby was having a nap in the car, and then we ended up taking a long time in the shop. Should I contact them to dispute this? How do I proceed? Or do I just ignore this? Thanks!

    ReplyDelete
  20. Mine is a similar story to some of the above....parked for a second or two this summer on the outskirts of Liverpool airport (lousy signage), got photographed by someone in a van...then when i got home from hol there was a letter asking me to pay. I didn't. Now I have got a letter from bwlegal of 91 Kirkstall Road, Leeds, saying they have been instructed by VCL re the matter of the PCN. I am reluctant to pay it...can you advise please?

    ReplyDelete
    Replies
    1. I have specific advice for this site. Contact me at prankster@parking-prankster.com

      Delete
  21. Parked in formby merseyside, went to payment machine which was broken, had an out of order notice applied to said sign, was also excel, on returning to my car I'd rec a ticket, I took a photo of out of order notice and sent to excel , which they refused to take any notice of. I then rec letter from solicitor requesting £100 + , I contacted them with photographic evidence. They replied with comment from excel saying machine was working on that day, obvious lie... I continued to ignore and have had new letter from BWL threatening the same.. Your advice would be most appreciated .ps... Previous solicitors were Wright hassall

    ReplyDelete
  22. Hi,
    Similar story to those above, I've now received a letter of claim from bwlegal regarding a charge dating back to march 2011. I've ignored all correspondence since my original appeal letter to excel was disregarded,mainly on principle as the machines weren't working in the car park at the time and myself and a queue of people phoned the number on the signs to inform them. Excel denied this of course. Any advice gratefully received!!!

    ReplyDelete
  23. Hi. I have just received a letter for stopping in a roadway where stopping is prohibited. John Lennon airport for Dec 2012.

    This is the first I knew about it. I never received any previous pcm letters.



    ReplyDelete
  24. Looks like something tickled their fancy over there at BWLegal. They have recenlty "acquired" my telephone number and now are harassing me on the phone. I just tell them, "Sorry I do not know who you are and I will not provide any details" And they say, please read the letters we sending you. I just cut off. So they dug up a reallly old, wait for it. PEEL CENTRE invoice, which I thought was a done and dusted deal 20 months ago. Recently we got a "fine" from out local hospital. That there, hospital.. just fucks me off. My wife is pregnant and we both need to go to hospital often. This is really doing my head in. I wish we could file class action file suit against this bullying, harassing and basically extortionate behaviour. I never agreed to anything and they think their standing in the shadows of council laws. Anyway I have a feeling im going to court soon so I am gonna need to suit up and get ready to get these crap sorted.

    ReplyDelete
  25. Hi my son had 2 parking fines one that he paid to DRP which was £160 as they had to put a trace on him to find him. He paid this as thought he wuld get into trouble. Once he paid this they sent another fine for the previous year in the same carpark, where he didnt have to pay anyway as ge was a member of the gym and they get free of charge parking. My son refused to pay the second fine as he had already paid £160 for 1 fine. However we questioned and asked for proof the photos did not have any time or date on so we argued, durinv this process he was liasing with the gym to write him a letter however the gym went bust over night and did a runner. They then re sent the photos within a PDF file with a time and date on to which we argued as they had previously been sent without this info. So jow do we know that the photos were not amended to show the date and time by themselves. We also questionrd the signage as there was no signage where the car was parked. This car park is shared with shipleys bingo who have passes and dont pay for parking. The company being Excel Parking limited.we questioned this and have copies of everything via email. When argued that the law actually stipulates that long as the carpark company do not suffer any loss from you being parked there then the charge should be nil as he was exempt as he had a pass which had fell out of sight, we arhued that he had already paid £160 which meant the company were well within pocket as he was there less than 2 hours and the charge for that was £2.20. So 2x £2.20 is is £4.60 which is really what they can claim for. The lettere have been going backwards and forwards for about 6 months then we ignored. Now another company BW Legal is threatening ccjs as the fine is outstanding from 2014 which now equates to £160 again. Can ou please advise do we ignore again or start fighting once again. This is getting stupid now he no longer has the car and they have already had £160. So they not out of pocket. Can you please advise. Thank you

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  26. Glad I found this. I have had a letter same as Mr Parlick. I was stopped for a few seconds at Liverpool Airport and got snapped. Now I have had a letter from BW Legal. The letter is dated 15 Nov but only arrived today and says I must pay within 16 days of the date of the letter to avoid being taken to court. I would appreciate any advice.

    ReplyDelete
    Replies
    1. email me at prankster@parking-prankster.com for specific advice

      Delete
    2. What did you do? What was the outcome?

      Delete
    3. These things drag on for a while. Email me if you want specific advice.

      Delete
    4. Can I ask Who is Parking Prankster ? why you asking to contact you? I have revived the later about 2012.This was wrong , never I drove my car in the area they are blaming me,Please reply, Why we have to contact you.
      Regards M

      Delete
    5. Its my blog, so if you want my advice, then email me. If you want someone else's advice you can email them.

      Delete
  27. Man alive what a pain. My girlfriends letting agents issued guest permits for the block she has a flat in. They went out of date and the letting agents just said continue to use them. Then the letting agents switched and everyone on site gets a ticket. My girlfriend has hers over turned by the letting agents but somehow mine wasn't. I contact VCS telling the letting agent has told them to overturn it, they reject the appeal. Then the letting agent contacts VCS directly, and without telling me or the letting agent hands it on to BW legal who have now given me 16 days and have started calling me. If this goes down to the wire I am going to pay and demand the money back from the letting agent. But what a complete farce.

    ReplyDelete
    Replies
    1. No reason why you should owe vcs for their incompetence. Email me for advice

      Delete
  28. I have just got back from sparking away for the last two moths and BW legal are telling me that I parked in a restricted area of a car park in 2011! I can't rember what I was doing or even if I was driving the car 5 years ago. They are now threatening to take me to court is this possible?

    ReplyDelete
  29. I have a ccj registersed against me from vcs at liverpool business park for letting some one out of my taxi by band m warehouse for £264 . I have applied to set aside as they sent the court papers to a old address . Any advice on a defence in court as representing myself . There is nowhere to drop passengers off around there . Case is going to St. Helens county court .

    ReplyDelete
    Replies
    1. contact me at prankster@parking-prankster.com

      Delete
  30. I'm being chased by BW legal for not displaying a valid permit in an allocated parking space at my old flat. I'm sure my parking space was on my deeds so unsure as to how they can charge me for my own space??? I saw the parking guy that morning and he pointed out my out of date permit, I said not a problem I'll change it over. Within half an hour I had a parking fine. This was June 2015 and I appealed to countrywide who never replied. Then a year later I have moved and bw legal are writing to me at my new address threatening court action... what's best to do?

    ReplyDelete