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Excel/bw chasing my wifes carer
Comments
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As with almost all laws passed by parliament POFA 2012 is not retrospective legislation. There is not & cannot be Keeper Liability for parking 'crimes' committed before October 2012I therefore think I'm right in saying that they will have to establish who the driver was, and if they can't establish this, they won't get anywhere. Keeper Liability is a PoFA-thing, and if they want to apply PoFA to an incident that pre-dates it, they'll have to prove that everything they sent out was PoFA-compliant, which it probably won't be.0 -
As with almost all laws passed by parliament POFA 2012 is not retrospective legislation. There is not & cannot be Keeper Liability for parking 'crimes' committed before October 2012
Nigel, of course you are right. There is a lot of confusion about what they can do before POFA2012 and after POFA2012
I suggest this also applies to BWLegal as not understanding what is required pre POFA2012.
As you say ...
There is no Keeper liability pre POFA 2012
The law pre POFA 2012 means it is the driver who they need to take to court. If they don't know who the driver is, taking the keeper to court would be a major problem.
Even a judge using the probability factor could not prove to himself that the keeper was the driver at the time.
The only problem would be a judge who lacks knowledge of pre POFA 2012 but hopefully not.
As I see it, BW Legal have picked up these old cases without the knowledge and now they realise it is the driver they need to be talking to, hence them asking "who was the driver"
Scratching at straws is not a legal term but that is what BWLegal are doing.
The more people who complain to the SRA, the better as BWLegal are doing severe damage to an industry once respected0 -
And which is why any pre-PoFA motorist needs to get to fully understand the intricacies of PoFA and be able to articulate and argue them, maybe even with the Judge.The only problem would be a judge who lacks knowledge of pre POFA 2012 but hopefully not.
In many of the threads opened here, this seems to be a very hard ask at times.Please 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 -
Thanks folks. I feel a bit better now. I've just got a couple more ideas from your posts to put in the next letter to bw.
If and when the answer this week from SRA I will put it on here.
My carer lady has now received a response from SRA to the complaint.
I don't know if I am contravening some ruling on confidentiality if I post it on here.(opinions please) but basically it says that they are aware of these concerns and are investigating them. Apart from that it is pretty full of ifs and maybes. To be honest I'm a bit disappointed.
They also included a standard sheet which talks about up to 12 months for a decision or conclusion.0 -
It's been posted up before last week by others who have also got the same.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 -
My carer lady has now received a response from SRA to the complaint.
I don't know if I am contravening some ruling on confidentiality if I post it on here.(opinions please) but basically it says that they are aware of these concerns and are investigating them. Apart from that it is pretty full of ifs and maybes. To be honest I'm a bit disappointed.
They also included a standard sheet which talks about up to 12 months for a decision or conclusion.
I think as they said they are investigating is good enough. They will not give you the in's and out's as they are a secretive bunch.
In the meantime, if your carer gets any more letters from BWLegal, just reply by saying you are currently awaiting the results of the SRA investigation.
BWLegal, despite all their bluster will not want their dirty washing aired in a court0 -
I would send them a letter saying for heavens sake get on with it.
See you at court.I do Contracts, all day every day.0 -
This is what6 we got from SRACoupon-mad wrote: »It's been posted up before last week by others who have also got the same.
"Your report about BW Legal Services Ltd
Thank you for your report form which we received on 12 September 2016 and your email of
15 September 2016.
We have assessed the information that you have sent us about B W Legal Services and
their debt collection for car park violation fees.
You have reported that the firm may be taking advantage of unrepresented third parties.
You are concerned that their letters are misleading and they are attempting to recover costs
that are not legally recoverable or not substantiated.
What happens next
We are aware of the issues that you have raised and we are presently investigating them. At
the end of our investigation, we will decide whether:
• to ask the firm to improve their systems and procedures
• we need a formal investigation which could lead to sanctions or restrictions on the
way the firm operates
• we do not need to take further action.
When will you hear from us
If we need any further information, we will contact you. Otherwise, we will write to you when
we have finished our investigation and tell you what we have decided to do.
Further Information
If at any time you have concerns about our service, please let us know. We have an internal
complaints procedure, and we will do everything we can to resolve your complaints and
respond positively to your comments. You can contact; our member of staff dealing with the
The regulator"0 -
We have assessed the information that you have sent us about B W Legal Services and their debt collection for car park violation fees.
What happens next
We are aware of the issues that you have raised and we are presently investigating them. At
the end of our investigation, we will decide whether:
• to ask the firm to improve their systems and procedures
• we need a formal investigation which could lead to sanctions or restrictions on the
way the firm operates
• we do not need to take further action.
Let us hope that the SRA DO NOT FOCUS on "car park violation fees" ??
The focus is on BWLegal directly as to their menacing and threatening letters and bully boy tactics.
If the SRA say "no need to take action", the SRA will fall into disrepute including their own principals0 -
I think that you should have a little more faith in the SRA to deal with these matters. They have a good record of dealing with the rotten apples in their midst.You never know how far you can go until you go too far.0
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