I got a reply from bw legal!

Hiltop1 · 26 August 2016 at 5:18PM

I know there are loads of these so i will be brief -
- PCN from April 2012 (pre POFA) ignored as per all advice (VCS)
- standard bw legal £54 charges etc letter july 2016
- followed advice using GAN template to deny claim (not driver, pre POFA etc)
- received standard 40% off letter 25/8/16 (relieved as this felt again like fishing to see who would give in)
- a day later received personal reply to my letter
this, as expected cites E v L, quotes DVLA Release of Information document, quotes the Protection of Harassment Act 1977, blathers on about legal fees of £54 being ok (doesn't mention the point that not claimable in CC) and finishes saying their 'client is amenable to to resolving this matter within 7 days without the need to incur any further cost, failure to do which we will seek our client's instruction on issuing County Court proceedings.'
Any advice on a reply? I've searched around but for the first time have not found a discussion on this latest letter. Thanks

Grimble · 26 August 2016 at 5:21PM

Ask them for the Police statements and forensic evidence as in the EvL case and if it is not forthcoming you will report them to the SRA.

Hiltop1 · 26 August 2016 at 5:22PM

ps. a few cases in my home town where court thrown out VCS claims including one for the Berkley Precinct where the alleged incident occurred. One woman obtained 7 PCN there, went to cc and won.

Hiltop1 · 26 August 2016 at 5:26PM

Thanks, I have already drafted SRA complaint - is it worth doing credit service agency (?) as well.

Occasionally I wobble on this, but then get angry again and enjoy the battle! Is it a bad idea to quote my known sucessful cases back at them (which weren't criminal and didn't involve a hit and run!)

Umkomaas · 26 August 2016 at 6:32PM

I've searched around but for the first time have not found a discussion on this latest letter.

I don't think any case has progressed beyond this. Nothing has got to the CC yet.

I'd step up the pressure by complaining to the SRA - they should be getting inundated, the same as the general public about this. E-v-L was a criminal case (touted by many IPC operators to mislead and ramp up the pressure) where forensic evidence was produced.

My attitude to threats of proceeding to court is 'Get on with it let's get this before a Judge' as it puts out the message that you might be feisty and won't lie down quietly.

And the worst that could happen, you lose and the amount you have to pay will only be a little bit more than they're trying to claim now. On the other hand you could win and claim a £100 or so from them, and you'd score a victory for the little man against corporate greed!

Umkomaas · 26 August 2016 at 6:34PM

Hiltop1 wrote: »

ps. a few cases in my home town where court thrown out VCS claims including one for the Berkley Precinct where the alleged incident occurred. One woman obtained 7 PCN there, went to cc and won.

Well I bet they won't be looking forward to coming back to your local courtroom any time soon!

In your 'take me to court' response I'd say 'I look forward to meeting you in <your town> court'. That might make them think twice.

The_Deep · 26 August 2016 at 7:20PM

Stay angry and get even. See this letter which goes to the SRA tomorrow.

http://www.legalbeagles.info/forums/showthread.php?84703-Draft-letter-to-the-SRA&p=672379#post672379

Coupon-mad · 26 August 2016 at 7:26PM

Hiltop1 wrote: »

Thanks, I have already drafted SRA complaint - is it worth doing credit service agency (?) as well.

Yes.

Your latest letter is standard.

Hiltop1 · 26 August 2016 at 8:02PM

Thanks all for your interest and advice.
Coupon-mad, I have found responses to the first standard bw letter, ignored the second one offering 40% discount but cannot find a thread anywhere relating to the more personal reply to the the letter I sent them - the one citing E v L. All I turn up is advice about the first letter and I replied using GANs template.
I don't know whether I should ignore their new 7 days or else letter or reply with some challenge about E v L and perhaps on their strange take on harassment law.
Does anyone know of a template reply for the E v L threat?
PS. Registered for pepipoo but the confirm registration email didn't show up so cannot yet post there. As a working single mum this whole thing has taken up far too much of my precious time over the last 4 years!

Coupon-mad · 26 August 2016 at 8:08PM

Gan suggests, once you have sent a decent first reply then after that, don't get bogged down in long protests in any subsequent reply. Short and sweet again. There isn't a template reply re Elliott v Loake because you can shoot it down with about two lines saying it's not relevant, it was a criminal case where clear evidence existed to identify the driver. So that case does not assist the PPC's case in a contract law situation (non criminal) where the driver has never been identified and after all these years, it would be impossible for you to recall.

If registering on pepipoo you can't use a hotmail email addy.

The_Deep · 26 August 2016 at 8:14PM

E V L can be summarised thusly, Magistrates Court, hit and run. false statements to the police. forensic evidence nails the driver, send him down. You can read the full transcript here

http://www.davidmarq.com/bama/Elliott%20v%20Loake%20%5B1983%5D%20Crim%20LR%2036.pdf

I got a reply from bw legal!

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