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  • FIRST POST
    • tow2316
    • By tow2316 18th Sep 17, 9:42 PM
    • 4Posts
    • 1Thanks
    tow2316
    BW Legal threat post missing PCN letters from IPC
    • #1
    • 18th Sep 17, 9:42 PM
    BW Legal threat post missing PCN letters from IPC 18th Sep 17 at 9:42 PM
    Hi,

    I have read the newbies thread and advice but struggling to formulate my exact response.

    My partner (the keeper) has received a PCN from VCS (vehicle control services IPC member) after a driver parked outside of a bay in a full car park (not blocking any entrances/exits or on any yellow hashed lines).

    We missed the 2 letters from the VCS as we were in Ireland as my partners father passed away (we were away for 2 months). Upon our return we (soon after) received a letter from BW Legal who have taken over recovering the 'balance due'.

    I have seen this thread that I can use to respond (/showthread.php?t=5673397), is this appropriate course of action or have I missed something? (confused!) Also should I email BW Legal or VCS?

    Sorry if this is basic level stuff but I want to get this right and don't want to stress my partner anymore as this has been a tough couple of months.

    Thanks in advance
Page 1
    • Coupon-mad
    • By Coupon-mad 18th Sep 17, 10:39 PM
    • 51,707 Posts
    • 65,351 Thanks
    Coupon-mad
    • #2
    • 18th Sep 17, 10:39 PM
    • #2
    • 18th Sep 17, 10:39 PM
    http://forums.moneysavingexpert.com/showthread.php?t=5673397

    Yes you can edit and adapt that sort of thing, with nothing about the Equality Act obviously, and nothing specific to CEL/Wright Hassall (change to VCS/BW Legal).

    I would say your partner replies as registered keeper, with some of what's in that example you read, but also saying you've been away in Ireland due to a bereavement, since July, have no idea what this is about and consider it unwarranted harassment. Ask them to furnish you with a copy of the sign, all photos taken and to explain whether they contend that the keeper is liable under the POFA or whether the client is assuming the keeper was driving, as they can't proceed without open communication and explaining the cause of action, and basis of liability sought.

    The idea is to stop them from proceeding before 1st October, tie BW Legal up before the rules change on pre-action conduct (as stated on loads of threads recently).
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • tow2316
    • By tow2316 19th Sep 17, 6:52 PM
    • 4 Posts
    • 1 Thanks
    tow2316
    • #3
    • 19th Sep 17, 6:52 PM
    • #3
    • 19th Sep 17, 6:52 PM
    Thank you!

    Will formulate a response and email it tonight,

    Thanks for your help. Much appreciated.

    Thanks
    • tow2316
    • By tow2316 1st Dec 17, 7:36 PM
    • 4 Posts
    • 1 Thanks
    tow2316
    • #4
    • 1st Dec 17, 7:36 PM
    • #4
    • 1st Dec 17, 7:36 PM
    Hi,

    I took your advice and BW legal backed off, citing they would 'talk to their client'.

    However, we received this week a letter asking for proof that my partner was out of the country with her father very ill/passing away at the time of the ticket. I have a few questions, if you could help?

    1) is this a legal request to make?
    2) we have the email bookings that proove she (the registered keeper) was out of the country, should we just send them those?
    3) Is this a trick to narrow down who could have been the driver? (I specifically stated in the rebuttal email that we would not be naming the driver)
    4) what should I do? (reply with evidence, reply without evidence or ignore)?

    Any help would be greatly appreciated.

    thanks,

    Tom
    • Ryandavis1959
    • By Ryandavis1959 1st Dec 17, 7:44 PM
    • 170 Posts
    • 49 Thanks
    Ryandavis1959
    • #5
    • 1st Dec 17, 7:44 PM
    • #5
    • 1st Dec 17, 7:44 PM
    Why don’t you just name the driver? If you wasn’t driving that car then why should you have to suffer all of this stress? Just tell them who was driving and then it’s their problem!

    Naming the driver now is the clear money saving option. I reckon any legal advisor would agree.
    Last edited by Ryandavis1959; 01-12-2017 at 8:28 PM.
    • beamerguy
    • By beamerguy 1st Dec 17, 9:25 PM
    • 6,458 Posts
    • 8,272 Thanks
    beamerguy
    • #6
    • 1st Dec 17, 9:25 PM
    • #6
    • 1st Dec 17, 9:25 PM
    Hi,

    I took your advice and BW legal backed off, citing they would 'talk to their client'.

    However, we received this week a letter asking for proof that my partner was out of the country with her father very ill/passing away at the time of the ticket. I have a few questions, if you could help?

    1) is this a legal request to make?
    2) we have the email bookings that proove she (the registered keeper) was out of the country, should we just send them those?
    3) Is this a trick to narrow down who could have been the driver? (I specifically stated in the rebuttal email that we would not be naming the driver)
    4) what should I do? (reply with evidence, reply without evidence or ignore)?

    Any help would be greatly appreciated.

    thanks,

    Tom
    Originally posted by tow2316
    As far as the legalities go, it would only be a court and
    a real judge who would decide. Do remember that the
    great parking scam is unregulated. As such why would
    you provide any data to company just because they
    have Legal in their name.

    You can confirm to them only what you have provided
    already.
    If they are stupid enough to continue then the next
    stage will be a claim where they must provide full
    information as per the new procedures.
    In return, you can then provide your statement which
    the court will see as well.
    Will they continue then ????

    All BWLegal can do is ..
    1: Drop it
    2: Issue court proceedings against the keeper
    as they don't know who was driving, but the whereabouts
    of the keeper at the time is already known.

    Play the game, you have more evidence than they do.
    Naming the driver would be very foolish
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Umkomaas
    • By Umkomaas 1st Dec 17, 11:10 PM
    • 15,886 Posts
    • 24,632 Thanks
    Umkomaas
    • #7
    • 1st Dec 17, 11:10 PM
    • #7
    • 1st Dec 17, 11:10 PM
    If you have proof, send a copy to them and, given that you have acquiesced to their request and provided such proof, require them to cancel the parking charge. I’d copy their request and your response and evidence to the DVLA. Mark your response to them ‘cc Mr David Dunford, DVLA, Swansea’.

    david.dunford@dvla.gsi.gov.uk

    If they don’t know who the driver was, then, particularly as the keeper has evidence that it wasn’t them, you do not provide details of the driver. You are neither legally nor morally obliged to do so.

    Please ignore the misguided advice in post #5!
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • tow2316
    • By tow2316 4th Dec 17, 7:41 PM
    • 4 Posts
    • 1 Thanks
    tow2316
    • #8
    • 4th Dec 17, 7:41 PM
    • #8
    • 4th Dec 17, 7:41 PM
    Thanks @umkomass and @beamerguy. This has been a great help and I have used your advice to formulate a response.

    I hope they drop it this time. Will post here if anything changes. But thanks again for your great help.
    • beamerguy
    • By beamerguy 4th Dec 17, 7:49 PM
    • 6,458 Posts
    • 8,272 Thanks
    beamerguy
    • #9
    • 4th Dec 17, 7:49 PM
    • #9
    • 4th Dec 17, 7:49 PM
    Thanks @umkomass and @beamerguy. This has been a great help and I have used your advice to formulate a response.

    I hope they drop it this time. Will post here if anything changes. But thanks again for your great help.
    Originally posted by tow2316
    So let us know, BWLegal are simply a joke
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
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