Advice on 4 year old PCN - paper work now issued

Advice on 4 year old PCN - paper work now issued

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200Plus Club

Original Poster:

10,752 posts

278 months

Saturday 16th July 2016
quotequote all
My old man has just received a letter from excel parking saying his account has been passed to their legal team BW legal.
All future correspondence etc should be with BW etc etc
Thing is it dates back to 2012 and he has never written to them or communicated with them at any time. He remembers the advice at that time was to just ignore all the letters and they will go away, which they did (then!)

Any idea why this has just been restarted and what if anything he should do?
The BW legal letter that came in the same envelope says he has 16 days to pay £154. Made up of 100 PCN and 54 charges.
It says as he failed to pay or raise an appeal he has to pay within 16 days or they may refer for county court action.
Can they do this 4 yrs on and should he just ignore and go to court if it actually goes that far?there are literally no letters or info, nothing he just ignored the lot as he wasn't even sure it was him in the car at the time.

PurpleMoonlight

22,362 posts

157 months

Saturday 16th July 2016
quotequote all
When in 2012 did the infringement take place?

Pre 01/10/12 it's the old rules, post it's the new rules.

200Plus Club

Original Poster:

10,752 posts

278 months

Saturday 16th July 2016
quotequote all
Not sure of exact date but it was early 2012. He went on Martin Lewis site lol and they said ignore it then :-)
Is this still the case then?

PurpleMoonlight

22,362 posts

157 months

Saturday 16th July 2016
quotequote all
If it's pre 01/10/2012 then only the driver can be pursued for the charge, and the PPC would need to prove who that is to a judge if they took it to court. The registered keeper is not obliged to disclose who the driver is.

200Plus Club

Original Poster:

10,752 posts

278 months

Saturday 16th July 2016
quotequote all
Good but does he need to respond at all to any of this new BW legal paperwork?

aw51 121565

4,771 posts

233 months

Saturday 16th July 2016
quotequote all
200Plus Club said:
My old man has just received a letter from excel parking saying his account has been passed to their legal team BW legal.
All future correspondence etc should be with BW etc etc
Thing is it dates back to 2012 and he has never written to them or communicated with them at any time. He remembers the advice at that time was to just ignore all the letters and they will go away, which they did (then!)

Any idea why this has just been restarted and what if anything he should do?
The BW legal letter that came in the same envelope says he has 16 days to pay £154. Made up of 100 PCN and 54 charges.
It says as he failed to pay or raise an appeal he has to pay within 16 days or they may refer for county court action.
Can they do this 4 yrs on and should he just ignore and go to court if it actually goes that far?there are literally no letters or info, nothing he just ignored the lot as he wasn't even sure it was him in the car at the time.
I've highlighted the key word wink ; regardless, visit pepipoo.com, register and start a thread in their "private parking tickets" forum for the latest position. The advice back in 2012 was "ignore", certainly pre-October 2012, so that is fine thumbup - but situations change.

One theory is that BW Legal etc (because they aren't the only ones doing this wink ) are sending these invoices out after 4 years (they have up to 6 years) in the hope that Registered Keepers will have moved and they can get a "slam dunk" uncontested CCJ.

200Plus Club

Original Poster:

10,752 posts

278 months

Saturday 16th July 2016
quotequote all
We'll do that thanks

StottyEvo

6,860 posts

163 months

Saturday 16th July 2016
quotequote all
I'm still ignoring any private parking fines, had about 4 whilst parking in my own spot at my flat (parking permit falls off)

Going to land me in a lot of trouble?

voyds9

8,488 posts

283 months

Saturday 16th July 2016
quotequote all
Ditto I've had one also.

They have no chance as I will not name the driver (date 23/06/2011)

What ever happened to a timely prosecution.

Red Devil

13,060 posts

208 months

Sunday 17th July 2016
quotequote all
200Plus Club said:
The BW legal letter that came in the same envelope says he has 16 days to pay £154. Made up of 100 PCN and 54 charges.
All standard stuff with Excel/BW.
Plenty of threads on pepipoo and MSE.
Just be prepared to do a lot of bedtime reading. smile

voyds9 said:
What ever happened to a timely prosecution.
Not that old chestnut again. rolleyes
Prosecution only applies to criminal matters.
Private parking cases are civil: either tort (trespass) or contract law.

200Plus Club

Original Poster:

10,752 posts

278 months

Sunday 17th July 2016
quotequote all
At least they didn't pretend yet it was two separate firms entirely, they at least shared the cost of an envelope and stamp for their two letters :-)

S11Steve

6,374 posts

184 months

Monday 18th July 2016
quotequote all
It's a numbers exercise for Excel - they have a load of un-enforcable tickets that they are trying one last try at. If you query it with BW legal and ask for copies of the PCN and letters sent previously, you'll get a "this matter has now been dropped" type of reply in a couple of weeks. I have a collection of these now...

If you ignore it, I understand that BW Legal are bulk processing court claims in the hope that they too will be ignored and then they can get a default judgement.

Utterly morally bankrupt industry.

Lurking Lawyer

4,534 posts

225 months

Monday 18th July 2016
quotequote all
voyds9 said:
What ever happened to a timely prosecution.
It's not a prosecution, it's a claim for breach of contract.

The limitation period for such a claim is 6 years.