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2012 vcs bw leagal
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They have a few addresses but useI will send them by email
Enquiries@bwlegal.co.uk as it generates an auto reply thus proof of receipt.0 -
Hi Guy's
Just to keep people updated I have sent and email to BWlegal and am awaiting a response.
I added the account number which they noted on the letter as the PNC number stated Manual?
I'll post again once I hear back from these weasels !!
Thanks again for the help so far !!!0 -
Attempt 2 !! I composed a message only to find once I clicked to post a quick reply it had logged me out and deleted it all.. so to avoid my head exploding and my laptop being launched across the room!! I'm going to take a deep breath and start again...
Evening all hope all are well !!
Sooo as I returned from work today I opened the door and stepped on a letter from the leeches BW Legal.
They have kindly invited me to contact them within 7 days to discuss payment of the ludicrous balance of £174.00.
~ In response to me stating that I was not the driver, they have referred me to the Elliott v Loake case (1982). As I have not provided evidence to who was driving they presume that I was the driver.
The have also added a sizeable extract from the DVLA release of information policy, spouting that they are allowed to get information about drivers so that motorists don't park anywhere without fear of reparation !!
I'm now considering my next move, do I still ask them to prove that I was the driver, or go down the route of stating that the date of the PNC was early 2012 which was before they were even able to hold the keeper liable??
Or Both ??
Lamilad the correspondence tennis with BW Legal, am I looking at a full 5 sets with tiebreaks after each one ??
Because I am up for it if its !! Lol0 -
They have kindly invited me to contact them within 7 days to discuss payment of the ludicrous balance of £174.00.
You'd pay less if you lost in court - and we don't expect to see ANY losses v BW Legal, here.
I'm now considering my next move, do I still ask them to prove that I was the driver, or go down the route of stating that the date of the PNC was early 2012 which was before they were even able to hold the keeper liable??
Or Both ??
I would go for option 2, not saying 'prove I was the driver'.
Just 'this is non-POFA and over five years ago'. You could add that it is known that VCS and Excel are owned by the same person and Excel were banned in 2012 by the DVLA for misleading wording, suggesting that a keeper could be liable and/or was responsible for some sort of obligation to name the driver:
Discussed here:
http://forums.moneysavingexpert.com/showthread.php?p=72456735#post72456735
...making the point, do VCS seriously think they can now allege that registered keepers in pre-POFA cases had such obligations, knowing that the DVLA banned Excel for saying exactly that? Skating on thin ice, VCS.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Dear Sirs
Your assessment of the DPA is noted but is rejected as entirely inaccurate.
The "parking event" was over 5 years ago. I cannot be expected to recall who was driving the car. Nor am I obliged by any precedent or enactment to identify the driver.
The case of Elliott v Loake is, as your firm well knows, not applicable. Your assertion that it is precedent for an automatic presumption that I was the driver of the vehicle, merely because I was its registered keeper, which it is for me to rebut, is again wholly inaccurate - a fact which both you and your client must know since you have been informed as such in other similar claims and by a number of different members of the judiciary. In fact, the Elliott case was a criminal case in which there was a finding that the keeper was driving after the court heard overwhelming forensic and witness evidence to this effect. The burden of proof in this matter lies with the Claimant, as it does in every claim. There is absolutely nothing unique about a private parking charge which reverses this burden.
Put simply, your client has no viable claim to bring against me. Please therefore desist from writing to me further, because such action is nothing more than harassment.
If your client persists, then please supply me with any evidence that I was driving the vehicle on the relevant date, together with all information on which your client will rely on proving its claim - including but not limited to the landowner contract, the signage displayed on the land in April 2012, a plan showing where such signage was displayed, the size and height of the signs, a plan showing where the vehicle was parked and copies of all photographs taken of the vehicle, along with a copy of the original PCN. This is core information which your client is obliged to supply pursuant to paragraphs 6(a) and (c) of the Practice Direction - Pre-Action Conduct.
Yours faithfully etc
Sorry for any typos, I'm using my phone.Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0 -
E vs L relied on forensic data to prove who the driver was. I would be tempted to write to them pointing this out. Then demand to know how they obtained forensic details of you.
Go on to say you believe this to be a gross intrusion of privacy and the Information Commissioner should be involved as they are processing highly confidential data that they have no right to have.
It would be interesting to see how they react.0 -
Elliot v Locke debunked here.
http://parking-prankster.blogspot.co.uk/2017/06/vcs-slapped-with-costs-for.htmlPlease note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
It would be interesting if you told them you could quote numerous claim numbers where the judge has dismissed EvL as completely irrelevant, including several where the claimant has been reprimanded for trying to BS the court into believing it... Then ask them to quote one claim no where the judge has accepted it as relevant.
You could also tell them if they so much as mention AJH films you will refer to the recent appeal case involving Daz Clayton.0 -
It would be interesting if you told them you could quote numerous claim numbers where the judge has dismissed EvL as completely irrelevant, including several where the claimant has been reprimanded for trying to BS the court into believing it... Then ask them to quote one claim no where the judge has accepted it as relevant.
You could also tell them if they so much as mention AJH films you will refer to the recent appeal case involving Daz Clayton.
I agree. Go in hard against them would be my attitude. Challenge them and make life difficult.
They rely on standard template letters. Anything that makes them have to compose a proper reply is eating into their profits. Get them off script and make them work.0 -
I agree. Work in an additional para to my letter. Quote 3 cases from Parking Prankster and say you can provide numerous other examples (include VCS and Excel cases as the companies are under common ownership.
Also worth adding "please do not reply with a claim that [AJ Films case ref] has any relevance - you will be aware from this week's appeal that such argument is nothing more than a dead duck. ". I don't know if the top of my head who the PPC was, was it Excel or VCS?
If you fight hard now they may be discouraged from chasing a 5 yr old pcn.Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0
This discussion has been closed.
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