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  • Father in law chased for fine he doesn't owe by B W Legal

    Hey guys.

    OK so my father in law is a volunteer at his local hospital and as such is not required to pay for parking when he is there. He just needs to display a permit.

    Back in December 2010 he was given a parking fine by excel claiming he didn't display a valid ticket, he spoke to the person on site who agreed this was not correct and it should be cancelled. However being it was the 25th December his manager wasn't there to speak to and he should come back another day. Which my father in law did and spoke to the manager who also confirmed the ticket would be cancelled. Shortly after he received a letter from Rossendales claiming 100 for the fine and 45 for legal costs. (no legal action has been taken)
    He again spoke to the hospital and they said they would sort it out but for whatever reason never have and now are stating they wish him to deal directly with the dca instead. Moving forward he heard nothing more from Rossendales until now. Couple of months away from 6 years! The debt has been passed on to B W Legal who now state that he didn't display a valid permit and didn't appeal the fine within 28 days so the debt is now due.

    I'm thinking of writing to them on his behalf and asking for the photographic proof that the permit was not displayed as this has never been forth coming. Explain that the fine should have been cancelled, and as a result wasn't required to appeal within 28 days, and also say unless they can provide evidence he disputes the debt exists and continued enforcement will be considered harassment? What's your thoughts?
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

  • #2
    Re: Father in law chased for fine he doesn't owe by B W Legal

    Yes, I'd write to them but obviously word it in such a way that you don't restart the SB clock.

    If he hasn't heard anything about this for years I think they'll have a difficult job should they wish to take it to court.
    Let your smile change the world but don't let the world change your smile


    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      Re: Father in law chased for fine he doesn't owe by B W Legal

      Thanx pixie. Only just seen your reply. Sent letter off. Will see what happens.
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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      • #4
        Re: Father in law chased for fine he doesn't owe by B W Legal

        Whatever happens next he deffo needs to keep them away for the next couple of months for SB , good luck xxx
        if you do it today and you like it you can always do it again tomorrow


        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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        • #5
          Re: Father in law chased for fine he doesn't owe by B W Legal

          So got a reply from bw legal. They have quoted parking eye vs beavis from last year to excuse the £100. And also say £45 is a fair charge for legal services. I'm a bit concerned they can charge legal services when it hasn't even been to court? Anyway they are attempting to provide evidence that my father in law displayed no permit (which they can't do) but while we wait they have suggested he pays with 40% discount lol I think not. Time to see what happens now I think.
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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          • #6
            Re: Father in law chased for fine he doesn't owe by B W Legal

            As I'm sure you know, the fact that they're prepared to offer a discount means they know they're on shaky ground

            Re, Parking Eye v Beavis, see what mystery1 has to say here ---> http://forums.all-about-debt.co.uk/s...l=1#post573330
            Let your smile change the world but don't let the world change your smile


            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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            • #7
              Re: Father in law chased for fine he doesn't owe by B W Legal

              Well if he didn't have a permit they'd have a bit of an issue. http://parking-prankster.blogspot.co...avies-are.html

              If he did display a permit, ..... (self explanatory !)

              The costs, they will claim are contractual. Robert Shaw v Nine Regions Limited [2009] EWHC 3553 (QB) however you would argue otherwise http://www.davidmarq.com/bama/SMall%...in+Heights.pdf

              M1

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              • #8
                Re: Father in law chased for fine he doesn't owe by B W Legal

                Read that thread will be following to see outcome. However as this is 4 months from SB I think letter tennis is the best option.
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                • #9
                  Re: Father in law chased for fine he doesn't owe by B W Legal

                  Originally posted by SXGuy View Post
                  Read that thread will be following to see outcome. However as this is 4 months from SB I think letter tennis is the best option.
                  Definitely! If they go to court they will have to explain why they took so long.
                  Let your smile change the world but don't let the world change your smile


                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                  • #10
                    Re: Father in law chased for fine he doesn't owe by B W Legal

                    Originally posted by mystery1 View Post
                    Well if he didn't have a permit they'd have a bit of an issue. http://parking-prankster.blogspot.co...avies-are.html

                    If he did display a permit, ..... (self explanatory !)

                    The costs, they will claim are contractual. Robert Shaw v Nine Regions Limited [2009] EWHC 3553 (QB) however you would argue otherwise http://www.davidmarq.com/bama/SMall%...in+Heights.pdf

                    M1
                    Thanks for the info. His permit was displayed. His permit is his volunteers badge at the hospital. Both hospital and security on site accept this as a valid permit.
                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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