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VCS/ BW Legal PCN - Parked for Maximum Period

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2

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  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 9 October 2016 at 1:07PM
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    Elliot v Loake - criminal case - Mags Court - hit and run - paint specs on motorcycle found on other vehicle, guilty, send him down.

    They don't state anywhere that they are aware you were not the driver.

    Yes they do.

    If you have not already done so, copy this letter to Duncan Allen, Head of Compliance SRA

    http://www.sra.org.uk/consumers/problems/report-solicitor.page

    as this is a blatant attempt to obtain from you monies to which their client has no entitlement by attempting to use your ignorance of the law to bully you, and almost certainly against the Code of Practice.
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 41,357 Forumite
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    They don't state anywhere that they are aware you were not the driver.

    Yes they do.
    Without taking this into Panto mode - Oh no they don't.

    This is what they say:
    We note from your correspondence that you state you were not the driver at the time of the PCN.
    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 Street
  • Coupon-mad
    Coupon-mad Posts: 131,763 Forumite
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    Just reply in the way you plan and also attach a letter headed up 'statement of truth' signed by you (dated and with the VRN, date of event, location, etc) on it. In the covering letter, tell BW Legal that you are attaching your statement of truth and that their client is unable to assume you were driving, because it was a fact that you were not and this will be confirmed at any hearing.

    Ask them if they are suggesting you are lying? Tell them that their reliance upon the criminal case of 'Elliott v Loake' (where the person was driving, and there was forensic evidence) is as unreasonable as BW Legal's misleading letters generally and as unreasonable as their lie that the randomly bolted-on extra £54 was 'on the signs/part of the contract' in the first instance, because it was not.

    Report them to the SRA and CSA if you have not already, using the examples in LoveNorfolk's BW Legal thead (search for it).
    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 THREAD
  • Yojimbo
    Yojimbo Posts: 10 Forumite
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    Thanks guys, all of your points are noted. Should I make BW Legal aware that I'll also be reporting them over to tne SRA?

    I'll be sending this reply over to them via email,

    Thank you for your letter dated 6 October 2016.

    As per my last email, I deny any debt to VCS, who you have referred to on your latest letter.

    In your letter a reference is made to Elliot v Loake [1982]. This was a criminal law case where there was irrefutable evidence of the driver and there were no issues with liability. I’m not sure I understand its relevance to this case. Are you insinuating that I am lying?

    Your client has to prove their case and you have not shown any evidence that I was the driver. This is probably because you are unable to show any evidence as I was not the driver.

    Just to make you aware I've attached a statement of truth to this email. Your client is unable to make the assumption that I was driving. This will be confirmed at any hearing.

    I would also point out that the £54 legal costs are not recoverable under CPR27.14, nor under the POFA.

    If you continue to pursue me then I will ask the court to award additional costs, due to your client's unreasonable behaviour, pursuant to CPR 27.14(2)(g).

    Yours Faithfully,
  • Coupon-mad
    Coupon-mad Posts: 131,763 Forumite
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    That looks great and no reason to tip them off about yet another SRA complaint - just do it, in the style shown in pappa golf's post in LoveNorfolk's BW Legal thread. Go for it, fight back about this misleading aggressive robo-claim bulk rubbish.
    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 THREAD
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    It's only fair to let BWLegal know what you are doing.

    They are a bit slow on the pickup ?:rotfl:
  • Yojimbo
    Yojimbo Posts: 10 Forumite
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    Sure Thing, I'll email this letter over to BW legal and no doubt they'll spout some other half baked rubbish
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    Yojimbo wrote: »
    Sure Thing, I'll email this letter over to BW legal and no doubt they'll spout some other half baked rubbish

    Yes they will, they are desperate
  • Yojimbo
    Yojimbo Posts: 10 Forumite
    edited 12 October 2016 at 10:50PM
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    Just reply in the way you plan and also attach a letter headed up 'statement of truth' signed by you (dated and with the VRN, date of event, location, etc) on it. In the covering letter, tell BW Legal that you are attaching your statement of truth and that their client is unable to assume you were driving, because it was a fact that you were not and this will be confirmed at any hearing.

    Does this 'SoT' template provide enough information below?

    Date: 12/10/2016
    VRN: VC#######
    Date of event: 15/11/20##
    Location: St Marys Gates Retail Park ANPR VCS
    Contravention: Parked for longer than the maximum period permitted

    I was not the driver at the time of the specified contravention

    I believe that the facts and matters contained in this statement to be true

    Signed;
    __xxxxxxxxxx__
  • Yojimbo
    Yojimbo Posts: 10 Forumite
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    In the statement of truth, do I include anything with regards to the fact that I was not the driver?
This discussion has been closed.
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