BW Legal / VCS from 2011

mac_1867

I have a PCN from Aug 2011 issued against a vehicle i owned based in Sheffield.

i have read other threads but i am still confused what to do.

The PCN is for "parked in restricted area of the car park"

I have taken advice given at the time and ignored all letters, from VCS, graham white etc etc and now have them coming from BW Legal, currently on the 2nd letter offering me a 40% discount reducing the PCN to £126.00

i have not responded to anything in the 5 years since the PCN was issued, never had a phone call just letters.

they have also got the name wrong on the letter with my occupation then my full name

Thank you in advance for advice given

Fruitcake

Do not pay!

You are just one of many hundreds of people going through this. The advice to ignore was correct at the time, but is not correct now since the introduction of the Protection Of Freedom Act 2012.

Since POFA did not exist at the time of the alleged incident, they cannot hold the keeper liable, only the driver. They will have no information whatsoever who was driving unless you tell them Obviously therefore you do not give them this information, ever. In fact nobody in the land has the right to know that, not even a judge.

Do a search on the parking forum for BW legal and it will throw up hundreds of similar cases. The advice for everyone is to complain to the SRA about these as they appear to breach solicitor regulations.

Hopefully one of the experts will be along soonly to guide you, but whatever you do, DO NOT PAY.

Delete your third paragraph from last. You have given away a valuable piece of information. Parking companies and their capitalist running dogs monitor these fora.

mac_1867

i have been looking since about 10am this morning, i do not want to waste peoples time on here, but i am no legal eagle and i am struggling with the terminology used.

i am thinking of responding with a GAN letter also asking if they can provide me with evidence of who was driving.

Fruitcake

mac_1867 wrote: »

i have been looking since about 10am this morning, i do not want to waste peoples time on here, but i am no legal eagle and i am struggling with the terminology used.

i am thinking of responding with a GAN letter also asking if they can provide me with evidence of who was driving.

You are not wasting anyone's time here. We are all volunteers who want help people like you for a any number of reasons.

I can't remember the content of the Gan letters, but I do know they are very good and may well do the trick, or slow things down.
You could add that if they don't know the name of the driver they have no possible prospect of success in court for an event that occurred pre POFA 2012 so they should cease and desist. Only the driver can be liable and you are not required to tell them who it is, and no assumptions can be made as to the driver's identity, which any decent solicitor would know.

Umkomaas

You really have to go through the various VCS/Excel/BWL threads here and on PePiPoo. Every question that can be asked has been asked, every answer that could be given has been given. The forums are awash with cases at various stages. You need to find one at the same point at which you're at and follow advice there.

You do not identify the driver anywhere (you need to seriously review your opening thread!). It is only the driver who can be held liable for cases prior to October 2012.

In order to deal with this you need to read the relevant threads. It's not rocket science, but it will need some understanding to fight this.

This is a fight back forum, we would not recommend paying as not only does this fund the next ticket against an old or vulnerable person, but you will have fallen for the stunt that is currently being played out by the parking companies via a series of template solicitor letters. There are hundreds, if not thousands caught up in this - there is no way the courts could deal with this mass. Basically the PPCs are looking for those 'frightened' by solicitor letters to pay up to get rid of the problem. Recognise that?

mac_1867

Dear sirs,

Ref xxxxxxx

I am in receipt of your letter and respond as the former Registered Keeper of the vehicle in question.

As this alleged event pre-dates the Protection of Freedoms Act 2012, I cannot be held liable for this charge and recommend that you contact the driver, who I am not able to identify without photographic evidence from yourself and/or VCS Ltd

This is a template tweaked to suit.

Thank you.

Fruitcake

You still need to edit/delete your third paragraph from last in your original post. Do it NOW!. You have made an admission that is detrimental to your case. (In the middle line.)

Umkomaas

mac_1867 wrote: »

Dear sirs,

Ref xxxxxxx

I am in receipt of your letter and respond as the former Registered Keeper of the vehicle in question.

As this alleged event pre-dates the Protection of Freedoms Act 2012, I cannot be held liable for this charge and recommend that you contact the driver, who I am not able to identify without photographic evidence from yourself and/or VCS Ltd

This is a template tweaked to suit.

Thank you.

You're starting to get the hang of it already. See this as a game of bluff and double bluff and beat them at their own game.

Even if this went to court and you lost, it wouldn't cost you much more than they're trying to screw out of you right now - without a fight.

As yet none of the hundreds of cases we are dealing with have ended up in court, so the real intentions of BWL might already be showing - turn the thumbscrews sufficiently to extort money, but, given the scale of this, might not want a judge to be appraised of their mass-mail extortion attempts. Time will tell.

The_Deep

It is my understanding that this firm is being investigated by the SRA.


A complaint by you could only add grist to the mill.


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

mac_1867

It is quite obviously another mass mailing scheme to re-coup previously unpaid PCN.

I am not worried about the money its just after strictly telling people not to converse with these pigs, i then go against my own advice and start communicating with them.

Any recommendations on email or post?

Umkomaas

mac_1867 wrote: »

It is quite obviously another mass mailing scheme to re-coup previously unpaid PCN.

I am not worried about the money its just after strictly telling people not to converse with these pigs, i then go against my own advice and start communicating with them.

It's more than likely that if you don't bite back, you will be assumed to be low-hanging fruit and ripe for picking.

If there are to be any court cases it will be the ignorers rather than those who (appear to) know their onions and who might well deliver a bloody nose to them in front of a judge.

These are early days in this BWL strategy, you're most certainly not alone, so stick with it - there'll be plenty of information flowing should the whole scenario take a new direction.