4year old pcn at JLA and MCOL?

Fixtrace6

I want to send this.

I am the registered keeper of that car. I was not driving when the incident you refer to took place. The charge is disputed and you must now refer this matter back to your client and stop all contact with me.
Your client has informed me that, “All future contact and correspondence”, should be referred to you (BW Legal), “with immediate effect.” Please let your client know that the incident occurred before the Protection of Freedoms Act 2012 and so there can be no “Registered Keeper Liability”. Therefore, they have no right to pursue the Registered Keeper for payment. I am also under no obligation to disclose who was driving even if I could recollect who the driver was on a particular day over four years ago.
Your client needs to take this matter up with the driver not the Registered Keeper.
I will not respond to any further communication unless it is a letter before action. In that case it should say clearly it is a letter before action or letter before claim or similar. It must be signed by a real person.
Any indication of court proceedings would be vigorously defended.


Yours sincerely,

PS. I couldn’t help noticing that the person who signed your letter is named B W Legal. What a coincidence having someone working there with the same name as the company.

beamerguy

Fixtrace6 wrote: »

I want to send this.

I am the registered keeper of that car. I was not driving when the incident you refer to took place. The charge is disputed and you must now refer this matter back to your client and stop all contact with me.
Your client has informed me that, “All future contact and correspondence”, should be referred to you (BW Legal), “with immediate effect.” Please let your client know that the incident occurred before the Protection of Freedoms Act 2012 and so there can be no “Registered Keeper Liability”. Therefore, they have no right to pursue the Registered Keeper for payment. I am also under no obligation to disclose who was driving even if I could recollect who the driver was on a particular day over four years ago.
Your client needs to take this matter up with the driver not the Registered Keeper.
I will not respond to any further communication unless it is a letter before action. In that case it should say clearly it is a letter before action or letter before claim or similar. It must be signed by a real person.
Any indication of court proceedings would be vigorously defended.


Yours sincerely,

PS. I couldn’t help noticing that the person who signed your letter is named B W Legal. What a coincidence having someone working there with the same name as the company.

leave out your PS......it would put you in the same low life class of these monkeys, include a banana though

Fixtrace6

I sent this. I left out the sarcastic reference to the BW Legal person.
(Out of general interest I was told somewhere that a Letter before Action needed to be signed by a real person and somewhere else that it did not. I cannot find anything definite one way or the other. Anyone know definitely?)

"I am the registered keeper of that car. I was not driving when the incident you refer to took place. The charge is disputed and you must now refer this matter back to your client and stop all contact with me.
Your client has informed me that, “All future contact and correspondence”, should be referred to you (BW Legal), “with immediate effect.” Please let your client know that the incident occurred before the Protection of Freedoms Act 2012 and so there can be no “Registered Keeper Liability”. Therefore, they have no right to pursue the Registered Keeper for payment. I am also under no obligation to disclose who was driving even if I could recollect who the driver was on a particular day nearly four years ago.
Your client needs to take this matter up with the driver not the Registered Keeper.
I will not respond to any further communication unless it is a letter before action. In that case it should say clearly it is a letter before action or letter before claim or similar. It must be signed by a real person.
Any indication of court proceedings would be vigorously defended."

I will continue on this thread if there is any further development. Thank you so far for all help and support.

Coupon-mad

No solicitor's letter requires a real person's signature or name. LBCCCs and any other letter can be signed with the name of the firm - that is normal for solicitors.

Fixtrace6

Another letter from BW Legal. This time quoting Elliot v Loake. That infers they think someone is a liar doesn't it? Also saying their client does not rely on the Protection of Freedoms Act 2012. What are they trying to say by that?
Am quite happy for them to keep wasting their time writing, on their nice expensive paper, but just wanted to let you all know what's happening.

Umkomaas

Complain to the SRA, no other body is likely to listen to you (unless you have a marginal seat MP - but cc them in as well). There's plenty of threads in the following forums with similar issues.

LEGAL BEAGLES
http://www.legalbeagles.info/forums/forumdisplay.php?384-Parking-Live-Court-Claims

CONSUMER ACTION GROUP
http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?88-Private-Land-Parking-Enforcement

PEPIPOO
http://forums.pepipoo.com/index.php?act=SF&s=&f=60

parkingwoes_2

+1 to Umkomaas suggestion to complain to the SRA and also the CSA.

However, Is this actually JLA or is it the International Business Park as there are lots of threads re both at the moment.

Fixtrace6

It was jla.
I have sent a reply again denying the debt.
Have also said that Elliot v Loak isn't relevant here as the RK was a liar. Also that I am an honest person and know people who would stand up and say that. I know that doesn't sound particularly good legal-speak.
So I have re-iterated that their client needs to take it up with the driver.

The_Deep

They are not going after the keeper, they are going after the driver, whom they "reasonably" think is your good-self.


By why do they "reasonably" assume such, have you told the so, do they have a photograph of you at the wheel of a moving car in that car park, did a little bird tell them?


Engage them at every turn, question everything, it costs them money.

Fixtrace6

Have received the reduced offer letter. Will now do some research and reply soon. Will put the gist of it here first and hope for some advice on it.
The letter did say "... failed to ... provide detailed grounds for disputing the pcn." I have already stated I am the RK but was not driving and have people willing to swear to my integrity. I am not sure how much more detailed I can be. But of course it is one of their cut and paste letters.
It's like very slow table tennis.