Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Yojimbo
    • By Yojimbo 18th Sep 16, 10:36 PM
    • 10Posts
    • 6Thanks
    Yojimbo
    VCS/ BW Legal PCN - Parked for Maximum Period
    • #1
    • 18th Sep 16, 10:36 PM
    VCS/ BW Legal PCN - Parked for Maximum Period 18th Sep 16 at 10:36 PM
    I am the keeper of vehicle, but not the driver at the time of incident detected by ANPR.

    On November 2015, the driver received a parking ticket for overstaying in a free car park. The maximum time you could park there was 1hrs and the driver went over by 41 mins. Not realising that there was any restrictions in place, being a Sunday (naive to think that... I know, but hey ho).

    After receiving a few letters, 4 in total, 2 from VCS, 1 from DRP and 1 from Zenith. All of these were ignored, following the advice on other forums (I realise now, I should've replied to them sooner). But now I've received a letter from BW legal, outlining that I must pay, 100 for the PCN, plus 54 for the clients legal cost, within 16 days.

    I've also gone over this date now, but before bowing to their bullying and scare mongering tactics. I think, that I need to make a stand against them.

    The original PCN was issued to me 16 days after the incident. These days could be calculated from the date of the incident to the issue date shown on the letter. Now am I correct in thinking that the PoFA 2012, states that the PCN should be sent to the keeper within 14 days, otherwise the PCN should be cancelled?

    This coupled with the fact that I wasn't the driver at the time, do you think that this makes for a solid defence. I'm aiming to email them as soon as possible.

    Any advice and support will be greatly appreciated!
    Last edited by Yojimbo; 18-09-2016 at 10:38 PM. Reason: adding extra info
Page 2
    • Yojimbo
    • By Yojimbo 12th Oct 16, 10:45 PM
    • 10 Posts
    • 6 Thanks
    Yojimbo
    In the statement of truth, do I include anything with regards to the fact that I was not the driver?
    • Coupon-mad
    • By Coupon-mad 12th Oct 16, 10:52 PM
    • 45,735 Posts
    • 58,706 Thanks
    Coupon-mad
    If you can prove where you were, include that too, if not I'd say that is fine as long as you sign it.

    Covering letter as discussed telling them where to go!
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Yojimbo
    • By Yojimbo 12th Oct 16, 10:59 PM
    • 10 Posts
    • 6 Thanks
    Yojimbo
    Sure thing, I can sign it using an electronic signature right, or does it have to be my actual signature?
    Last edited by Yojimbo; 12-10-2016 at 11:02 PM.
    • Coupon-mad
    • By Coupon-mad 12th Oct 16, 11:08 PM
    • 45,735 Posts
    • 58,706 Thanks
    Coupon-mad
    For anything you might want to show a Judge later, I would definitely sign by hand. Didn't realise anyone ever used electronic signatures in anything in life except work-related things. Never been asked that question before about papers you might want to show in court later!
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Yojimbo
    • By Yojimbo 8th Jan 17, 5:05 PM
    • 10 Posts
    • 6 Thanks
    Yojimbo
    Happy New Year All!!

    I've yet to receive a reply back from the SRA regarding this, however I received another letter from BW Legal.

    "Further to our letter dated 31 August 2016 where we requested that you either pay the balance in full or provide your detailed grounds for disputing the PCN.

    Please pay the balance by xxxxx or our client may instruct us to take legal action. For the avoidance of doubt the balance relates to the 100 parking charge notice and 54.00 for our client's initial legal fees, which were detailed in the car parks terms and conditions

    County Court Proceedings

    As we have previously brought to your attention, in the event County Court Proceedings are issued, we will be seeking recovery of not only the balance but our client's court fees, further to solicitor's costs and statutory interest which are estimated to be the following:

    (A table showing the break down of estimated costs: totalling to 236.58)

    We also wish to bring to your attention the case of Parking Eye Limited v Beavis [2015] UKSC 67 in which the Supreme Court held that parking charges serve a legitimate commercial interest and are neither extravagant nor unconscionable. This case eliminates the main defence that you may have should the matter go to court and this case will be relied upon, by our client, in any Court County proceedings."

    The letter goes on a bit more, explaining that if the IAS dismisses my appeal then it is more than likely that the County Court will come to a similar conclusion and my defence will be unsuccessful.

    I'm just wondering on what I should reply to them regarding this letter.
    • yotmon
    • By yotmon 8th Jan 17, 9:34 PM
    • 452 Posts
    • 629 Thanks
    yotmon
    I thought that they had ceased to send out this letter as it was one of the main reasons for complaints to the SRA - not only were they 'predicting' what your defence would be, but also insinuating that you would lose in court if you attempted to defend the action.
    • beamerguy
    • By beamerguy 8th Jan 17, 10:58 PM
    • 5,050 Posts
    • 6,274 Thanks
    beamerguy
    Happy New Year All!!

    I've yet to receive a reply back from the SRA regarding this, however I received another letter from BW Legal.

    County Court Proceedings

    We also wish to bring to your attention the case of Parking Eye Limited v Beavis [2015] UKSC 67 in which the Supreme Court held that parking charges serve a legitimate commercial interest and are neither extravagant nor unconscionable. This case eliminates the main defence that you may have should the matter go to court and this case will be relied upon, by our client, in any Court County proceedings."

    The letter goes on a bit more, explaining that if the IAS dismisses my appeal then it is more than likely that the County Court will come to a similar conclusion and my defence will be unsuccessful.

    I'm just wondering on what I should reply to them regarding this letter.
    Originally posted by Yojimbo
    Firstly, you should send a second complaint to the SRA advising that BWLegal are still sending out menacing letters.

    We all know that BWLegal are on the funny stuff, whatever they are on now, they would probably make more money selling it

    These bods prattling on about Beavis just show they have drawn the short straw yet again

    And to actually say that just because the sham IAS reject an appeal a REAL court would agree is the biggest load of rubbish I have read from BWLegal.

    A judge is only interested in facts and not fairytales about the IAS
    AND especially the fairytales spun by BWLEGAL.
    Last edited by beamerguy; 08-01-2017 at 11:10 PM.
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Coupon-mad
    • By Coupon-mad 8th Jan 17, 11:38 PM
    • 45,735 Posts
    • 58,706 Thanks
    Coupon-mad
    This case eliminates the main defence that you may have should the matter go to court and this case will be relied upon, by our client, in any Court County proceedings."
    That sentence is worthy of a SRA complaint. How dare they say it eliminates your main defence when they have already been told that your main defence is...you were not the driver and you proved it.

    I would robustly respond and tell them that and write this response as a section 10 notice under the DPA, demanding that they cease processing your data immediately because the DVLA only release data to non-POFA firms like VCS for the single purpose of enquiring who was driving. Pretending they have the right to keeper liability, or telling keepers that they have a legal obligation to name the driver, is disallowed and ironically, this was the exact conduct which caused VCS' sister company, Excel, to be banned in 2012 by the DVLA.

    And tell them not to insult you with the irrelevant case of Elliott v Loake and suggest that they must inform VCS of your intention to counter-claim for data misuse, by harassing a registered keeper who has shown evidence that you were not the driver.

    Tell them they have no case but you will sue VCS and the landowner...blah blah*




    *search the forum for 'Vidal-Hall section 10' to find a letter already written like the above.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • beamerguy
    • By beamerguy 9th Jan 17, 8:44 AM
    • 5,050 Posts
    • 6,274 Thanks
    beamerguy
    We must assume that whoever writes this rubbish for BWLegal is totally clueless
    It's like having a headless chicken running around
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

3,190Posts Today

8,467Users online

Martin's Twitter
  • Just a quick ta-ta for now. I'm taking the week off for family time with mini and Mrs MSE. So I won't be here much. Back after the bank hol

  • Ugh another one trying it! Beware https://t.co/Ab9fCRA76F

  • Just looking at the final(ish) Premier League table. The gap between the top seven and the rest is huge. Has it ever been more lopsided?

  • Follow Martin