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  • FIRST POST
    • jlwood92
    • By jlwood92 3rd Oct 16, 5:09 PM
    • 6Posts
    • 4Thanks
    jlwood92
    VCS + BW Legal
    • #1
    • 3rd Oct 16, 5:09 PM
    VCS + BW Legal 3rd Oct 16 at 5:09 PM
    Hi Everyone,

    This is my very first post.

    I have a very confusing situation, a neighbor on my street has received a letter in my name stating that I received a PCN on 5th June 2016 and it has my car reg number and street in my local area.

    The letter is from VCS stating that this case has now been passed to BW Legal and has a letter attached from BW Legal stating that I now owe £154.00 which needs to be paid 16 days from the date of the letter (8th September 2016).

    Firstly, this is the first I have heard of any of this and I don't know how they got the wrong address for me? I have recently moved house and can't remember if I did or did not park there, I also don't know who was driving.

    Secondly, what do I do now? I may have jumped the boat already because I sent an email to BW Legal as below:

    Dear Sir/Madam,

    Ref ##########

    I have been passed letter that is addressed to me from a neighbour, I have no idea why it was sent to my neighbour and I have no idea what this is about, this is first I have heard of any parking charge notice.

    You/your client has the wrong person as I have never lived at the address that the letter was sent to, nor have I received any letters from your client in the past.

    I deny any debt. Please refer this matter back to your client.

    I am the registered keeper of the registration number mentioned, I cannot be held liable for this debt.

    Do not contact me again.

    Help.
    Last edited by jlwood92; 04-10-2016 at 4:33 PM.
Page 1
    • LoveNorfolk
    • By LoveNorfolk 3rd Oct 16, 5:31 PM
    • 173 Posts
    • 199 Thanks
    LoveNorfolk
    • #2
    • 3rd Oct 16, 5:31 PM
    • #2
    • 3rd Oct 16, 5:31 PM
    Well you've made a good start by robutting them and not naming the driver - it's good you don't know! As for the wrong address completely, I'm not really surprised as they aren't great at getting details right, but that's a new one on me! I'm sure one of the regulars will be along to give you better info.
    • The Deep
    • By The Deep 3rd Oct 16, 5:43 PM
    • 5,561 Posts
    • 4,268 Thanks
    The Deep
    • #3
    • 3rd Oct 16, 5:43 PM
    • #3
    • 3rd Oct 16, 5:43 PM
    This firm is currently under investigation by the SRA after hundreds of complaints about malpractices. They may well have breached the DPA here, and certainly have failed due diligence, so please make a complaint to Duncan Allen at

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

    The more complaints the SRA receive the more likely that are to ban this firm, which is almost certainly bringing the profession into disrepute.
    Last edited by The Deep; 03-10-2016 at 5:47 PM.
    • Coupon-mad
    • By Coupon-mad 3rd Oct 16, 8:23 PM
    • 40,355 Posts
    • 52,231 Thanks
    Coupon-mad
    • #4
    • 3rd Oct 16, 8:23 PM
    • #4
    • 3rd Oct 16, 8:23 PM
    See this thread:

    http://forums.moneysavingexpert.com/showthread.php?t=5524754&page=6

    Please take an hour or so out this week, to write about this pathetic harassment and attempt to 'credit clamp' your finances (at the wrong address, so also harassing your neighbour) to Mrs May and your MP.

    As well as complaining to the CRA and SRA.

    There is a SRA complaint here, modified by me, posting there as SchoolRunMum (I didn't write it though, hat tip to a legally-qualified contact and occasional poster who knows the score re PPCs):

    http://forums.pepipoo.com/index.php?showtopic=107836

    CSA and SRA complaints on this thread:

    http://forums.moneysavingexpert.com/showthread.php?t=5490266

    Obviously, make sure anything you send is applicable to your own case and your own letters and if you wish to write your own, do so!
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • jlwood92
    • By jlwood92 4th Oct 16, 7:20 AM
    • 6 Posts
    • 4 Thanks
    jlwood92
    • #5
    • 4th Oct 16, 7:20 AM
    • #5
    • 4th Oct 16, 7:20 AM
    Thank you. It seems most people are telling to complain etc but should I do anything in the meantime with BW Legal?

    They have since replied to my email asking me to confirm my full name, address and reg number for "security reasons" it sounds to me like they don't have much on me.

    Will I get bailiffs at my door?
    • Ralph-y
    • By Ralph-y 4th Oct 16, 9:39 AM
    • 2,240 Posts
    • 2,724 Thanks
    Ralph-y
    • #6
    • 4th Oct 16, 9:39 AM
    • #6
    • 4th Oct 16, 9:39 AM
    "Will I get bailiffs at my door?"

    you have been watch to much TV ......

    if you want bailiffs to call for a cuppa ..... then you have to be taken to court ..... lose or just ignore ..... then refuse to pay .... then get a CJC ... still ignore or refuse to pay ..... then and only then the PPC/solicitors may opt for bailiffs ......

    Please do a few searches for BW Legal and send of strongly worded replies as found in the many cases that we have had the misfortune to see ...

    good luck

    Ralph
    • beamerguy
    • By beamerguy 4th Oct 16, 9:49 AM
    • 4,111 Posts
    • 4,716 Thanks
    beamerguy
    • #7
    • 4th Oct 16, 9:49 AM
    • #7
    • 4th Oct 16, 9:49 AM
    Thank you. It seems most people are telling to complain etc but should I do anything in the meantime with BW Legal?

    They have since replied to my email asking me to confirm my full name, address and reg number for "security reasons" it sounds to me like they don't have much on me.

    Will I get bailiffs at my door?
    Originally posted by jlwood92
    BWLegal already have your address, VRN and name of keeper.
    That's how they contacted you.

    They did not require "security" before they contacted you did they ?

    It's a sham to find out who the driver is, you will not tell them and they have no right to ask.

    Simply tell them, they already have your details and no more information will be provided.
    Tell them if they continue to harass you, you will report them to the SRA.
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • jlwood92
    • By jlwood92 4th Oct 16, 10:33 AM
    • 6 Posts
    • 4 Thanks
    jlwood92
    • #8
    • 4th Oct 16, 10:33 AM
    • #8
    • 4th Oct 16, 10:33 AM
    But they don't have my address. They have my neighbours and I have no idea how. Unless the DVLA cocked up somehow I'm not sure?

    I will reply to the email saying the above like you suggested. I will post their reply here.

    Thanks
    • Castle
    • By Castle 4th Oct 16, 10:50 AM
    • 1,060 Posts
    • 1,315 Thanks
    Castle
    • #9
    • 4th Oct 16, 10:50 AM
    • #9
    • 4th Oct 16, 10:50 AM
    But they don't have my address. They have my neighbours and I have no idea how. Unless the DVLA cocked up somehow I'm not sure?

    Thanks
    Originally posted by jlwood92
    Contact DVLA and get them to confirm what address they hold for you in respect of your vehicle.
    • jlwood92
    • By jlwood92 4th Oct 16, 11:06 AM
    • 6 Posts
    • 4 Thanks
    jlwood92
    I actually did this just now, they told me they have my correct address but there was an admin error at some point and the address was incorrectly added.

    In terms of VCS and BW Legal writing letters to me at the time that the DVLA had the wrong address, where do I lie with this?

    Because essentially this should have never gone to BW Legal in the first place if I received the original PCN?

    I hope this makes sense
    • yotmon
    • By yotmon 4th Oct 16, 1:38 PM
    • 352 Posts
    • 466 Thanks
    yotmon
    I actually did this just now, they told me they have my correct address but there was an admin error at some point and the address was incorrectly added.

    In terms of VCS and BW Legal writing letters to me at the time that the DVLA had the wrong address, where do I lie with this?

    Because essentially this should have never gone to BW Legal in the first place if I received the original PCN?

    I hope this makes sense
    Originally posted by jlwood92
    It doesn't matter if there was an 'admin error', you need to know what data was passed to VCS. They only access the info once, they don't keep going back for updates.

    As you received the PCN to the correct address, then VCS were obviously given that address by the DVLA.

    BWLegal are sending out thousands of letters and are making mistakes with names as well as addresses, so I suggest that the error lies with them.

    Important Please edit your post #1 and remove their reference number, we don't want them listening in, do we !
    Last edited by yotmon; 04-10-2016 at 1:44 PM.
    • jlwood92
    • By jlwood92 4th Oct 16, 6:05 PM
    • 6 Posts
    • 4 Thanks
    jlwood92
    I didn't receive anything to the correct address, VCS or BW Legal have no idea of my correct address.

    The only reason I know about any of this is because I get on with my neighbour and they passed the letter on to me.

    Does this change anything?
    • Coupon-mad
    • By Coupon-mad 5th Oct 16, 1:00 AM
    • 40,355 Posts
    • 52,231 Thanks
    Coupon-mad
    No, nothing has changed. Even if you'd received the silly PCN it would never have been cancelled because the entire industry is sloshing in money and VCS don't cancel.

    Of course you must also respond to BW Legal. You would learn so much more from other threads which show umpteen examples of what to say & do with BW Legal letters, this has been done to death and we are struggling to keep up, can't re-write the same old advice on every single BW Legal thread every time.

    Sorry - but you will see what I mean when you search the board for BW Legal!
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • jlwood92
    • By jlwood92 5th Oct 16, 8:19 AM
    • 6 Posts
    • 4 Thanks
    jlwood92
    No, nothing has changed. Even if you'd received the silly PCN it would never have been cancelled because the entire industry is sloshing in money and VCS don't cancel.

    Of course you must also respond to BW Legal. You would learn so much more from other threads which show umpteen examples of what to say & do with BW Legal letters, this has been done to death and we are struggling to keep up, can't re-write the same old advice on every single BW Legal thread every time.

    Sorry - but you will see what I mean when you search the board for BW Legal!
    Originally posted by Coupon-mad
    Okay, well for now I have sent a second email as some stated above and will see if/when they reply.

    My email simply said:

    "You already have all the details you need and no more information will be provided.

    If you do continue to harass me, I will report you to the SRA."
    • yotmon
    • By yotmon 5th Oct 16, 12:59 PM
    • 352 Posts
    • 466 Thanks
    yotmon
    I didn't receive anything to the correct address, VCS or BW Legal have no idea of my correct address.

    The only reason I know about any of this is because I get on with my neighbour and they passed the letter on to me.

    Does this change anything?
    Originally posted by jlwood92
    Sorry, I read it as they had sent something to your old address and once you had moved, they used your neighbours address.

    As mentioned previously, you need to confirm what address the DVLA supplied to VCS. If it was the correct address (old one prior to moving) then they will claim that they sent a NTK (hard to disprove). But, if they were supplied with the wrong address, then in my mind they have failed to serve their NTK within the allotted 14 days.
    As long as the mistakes are someone elses (VCS/BWL/DVLA) and not your own, then this stands in good stead for your defence. If this is the case, then VCS can only blame the DVLA for supplying wrong information (as long as you supplied the DVLA with the correct info) and they need to bow down gracefully. Unfortunately, BWLegal will be on a roll and will continue to send you letters which will ultimately threaten court.

    Have a good read of the Newbies threads to understand what PPc's are required to do to hold the keeper liable. Plus, follow other advice given, especially by Coupon Mad. Gather as much evidence as you can just in case you end up having to defend it. And whatever you do, do not identify the driver !
    • McOfson
    • By McOfson 11th Oct 16, 2:18 PM
    • 16 Posts
    • 2 Thanks
    McOfson
    BW legal called me today on my mobile.!!?? How did they get my number? I am at the 2nd letter stage from them the £54 parking eye v bevis , "may" be likely to be liable type letter. I'm going to send the denial of debt template letter. Anything else I should be doing? Thanks in advance
    • Coupon-mad
    • By Coupon-mad 11th Oct 16, 5:54 PM
    • 40,355 Posts
    • 52,231 Thanks
    Coupon-mad
    Forbid them from contacting you by anything but letter and tell them you will now be charging £19 per hour (the litigant-in-person court rate) for your wasted time in dealing with a charge that they are fully aware was NEVER served in time by their client at any known correct address for you. If you were not driving, say so in every reply.

    This is a matter with no known PCN and no letters served, due to the wrong address, being a random unproven allegation from an operator which does not use the POFA 2012 statutory wording. So you can say it would be unreasonable and vexatious to proceed to court against a registered keeper under these circumstances.

    You should conclude by giving them 21 days to remove your data (all details of you and the car and all addresses) and cease processing it. Tell them to consider this a Section 10 Notice under the DPA (to them and their client together) and if they fail to respond accordingly, then you will proceed with a complaint to the Information Commissioner in the first week of November, about their misuse of data and flouting of the DPA principles.

    Oh, and please join the campaign to complain to your MP about this, and Mrs May, this week if you can as the Government (DCLG) are looking at the private parking sector and possible changes:

    http://forums.moneysavingexpert.com/showthread.php?t=5524754&page=6

    We - I'd say most posters here and most who agree on this issue within the BMPA, of which I am a member - are calling for far stronger action than was considered after the Beavis case almost a year ago. Things have become so much worse with 'credit clamping' and robo-claims from the likes of BW Legal that (for a start, even though VCS nor Excel use it) Schedule 4 'keeper liability' should be repealed and other steps taken to ban this conduct and stop unfair charges.

    It is time aggressive parking companies were stopped (not regulated, stopped, like clampers were, certain behaviours made criminal). The greed has engulfed them and consumers need a 'country that works for everyone' as the Government likes to trumpet. This industry is so rotten it has disappeared up itself but right now it is dragging ordinary people down too.
    Last edited by Coupon-mad; 11-10-2016 at 6:04 PM.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • hoohoo
    • By hoohoo 11th Oct 16, 7:38 PM
    • 1,581 Posts
    • 2,845 Thanks
    hoohoo
    As coupon mad says.

    Once you write forbidding them to contact you by phone, they can no longer do this. If they do, record it, and then file a complaint with the Credit Services Association.
    Dedicated to driving up standards in parking
    • catfunt
    • By catfunt 11th Oct 16, 8:48 PM
    • 477 Posts
    • 701 Thanks
    catfunt
    If McOfson is NOT the OP (jlwood92) with a new username, then he/she should start a new thread and not add to this one.

    Could lead to confusion.
    Got a Private Parking Notice??
    ** Do Not Pay
    ** Do Not Ignore a Notice to Keeper (except Scotland)
    ** Do not mention who was driving (No "Me" Myself" "I")
    ** Never, ever phone a Private Parking Company
    ** Please read the NEWBIES thread at the top of the forum
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