4year old pcn at JLA and MCOL?

The_Deep

Be sure too warn them of the financial consequences of mucking you about when the judge throws this out


CPR 27.14(2)(g)

Fixtrace6

I have re-iterated that I was not driving and can produce evidence about my honesty and integrity. I know they don't rely on PoFA so have quoted Mr Greenslade's comment in his 2015 POPLA report, "There is no reasonable presumption in law that the RK is the driver".
I have mentioned that they cannot claim £54 legal costs in the small claims court. Also that their reference to a CCJ is a misrepresentation of the legal process.
Finally, that their letters breach the Solicitor's Code of Conduct as they attempt to take advantage of a 3rd party's lack of legal knowledge and if their client intends court proceedings they should provide a properly formatted LBC that complies with the requirements of the Practice Direction on Pre-action Conduct and Protocols

I have not sent it yet so would appreciate any comments.

The_Deep

If you want a critique of your letter you will have to post it, otherwise you see to have aligned you ducks nicely, open-copy everything to the SRA as a formal complaint, it all costs them money to deal with.

Fixtrace6

Thanks The Deep.
The letter is made up from bits read here and Pepipoo so it's pretty much what everyone else is writing.
The strength of my case is that it was before 1/10/12 and I wasn't driving.

hoohoo

If you can find some proof you were not the driver (eg witness statement of someone stating you were elsewhere) then you should send that to BW Legal. At that point they are then on shaky ground with regards data protection, ans they no longer have the right to use your personal data.

Fixtrace6

hoohoo Thanks for the info about data protection but this was over 4 years ago now. I was probably sat on the settee watching stuff. I know I wasn't at work at the time. I cannot tell a lie about where I was. Who remembers where they were 4 years ago on some cloudy Wednesday? I know I wasn't at Liverpool Airport but I haven't a clue exactly what I was doing at the time.

Fixtrace6

Just a follow up.
I am sending everything by Royal Mail not email. My thinking is that EBL have to print everything off and put it into an envelope and then post it. Then, when they get my written reply they have to type something up again which is a bit more tedious and time-consuming for them. It's more convenient for them if people email. I know it costs me 50 or 60p a go but I think it's worth it.
Any thoughts? Am I wasting my money?

Fixtrace6

Another letter from BWL. They sent the last letter, the discount one, without waiting for a response from me. This latest one quotes E v L again and asks me to provide details of the driver.
Please refer to my previous letters. My position is unchanged. I am replying as the registered keeper and deny any debt to VCS
You referred me to the Elliott v Loake case. I have read it. If you are presuming that the RK is the driver based on this case you are twisting judgement. The driver was convicted because there was evidence he was the driver.
I repeat what Mr Greenslade said in his 2015 POPLA Report, “..there is no reasonable presumption in law that the RK of a vehicle is the driver.”
I am under no obligation to name the driver even if I could remember after more than four years
I do not have to provide you with the details of the driver and your inference that you will issue Court Proceedings if I don’t is threatening. This is unreasonable behaviour on your part.

Herzlos

I would give them a bit more rope and just reply along the lines of

"I have read the Elliott v Loake case you refer to, and it is in no way applicable here, as has been explained to you hundreds of times by other keepers. Please explain why you think it has some bearing here."

Fixtrace6

Thanks Herzlos, I added the bit about having some bearing here.
I am still reading around and have some general questions if anyone is interested in satisfying my curiosity (forewarned is forearmed).
Do you receive a 'letter before claim' before mcol or can they just send one without warning?
If you do receive a 'letter before claim' does it need to have a 'statement of truth' included for it to be a proper one?
Could I make a 'statement of truth' saying I was not driving? If so, who would need to sign it? I am just thinking that would kill this claim of theirs.