PCN's: Has the law changed? Has MSE changed their advice to people? Help!

YorkshireGuy1965

In 2011 my wife parked our car in a private car park patrolled by a VCS parking (Sheffield) and subsequently received a ticket because although she was genuinely in one of the shops (a travel agent) she was longer than the permitted 1.5 hours (spent approx. 2 hours booking a holiday in the travel agent).
Having received a PCN through the post I checked these MSE forums and watched videos of BBC's Watchdog programme. In 2011 I'm almost certain that the general advice then was, "make a paper aeroplane out of the paperwork - they would need to PROVE who the driver of the car was as they couldn't charge the car's owner AND they would have to PROVE that the driver also willingly entered into a contract when entering the car park".
Based on this advice I never paid - and ignored the subsequent letters from Roxbrough Debt Collectors and White Solicitors.
Now.... FIVE YEARS later I have a letter from BWLegal chasing the payment and offering a 40% discount (now asking for £126) - and when I have read the MSE forums - the advice appears to have changed??? Now MSE is saying that the car's owner can be held liable and that court proceedings DO happen (wherever in 2011 there was mention that VCS only ever took one case to court.. and lost).
I'm confused as to the apparent shift in stance - and importantly what I should do?
Advice gratefully received. Thanks.
K

The_Slithy_Tove

Yes the law did change - in October 2012. But since the original incident in your case predated that, it's irrelevant. So your initial assertion still stands, i.e. VCS can only pursue the driver, and not the keeper.

BWLegal are trying it on. You need to respond robustly to them (plenty of examples to be found, but post up your version for scrutiny before sending it). Don't ignore them. They work on the assumption that ignorers may have moved house, and are rich pickings for a claim and a default win.

Don't feel that the advice to ignore 5 years ago was bad advice. It was absolutely the right advice at the time. Who was to know that bottom-feeding scum so-called legal firms like BWLegal would surfcare and try this sort of thing on?

Coupon-mad

FIVE YEARS later I have a letter from BWLegal

So have lots of people. You'd do well to search this board for 'BW Legal' and reading all the other threads first! Sooo much better than randomly reading old articles by Martin Lewis.

BW Legal are likely to try court unless you stop them by complaining to the SRA and CSA and your MP, and Mrs May. And responding robustly as KEEPER to that letter (not saying who was driving of course).

Example complaints and responses to stop BW Legal are all over this forum so far this Summer/Autumn and you need to sit down and search/read them.

beamerguy

It's a try on by BWLegal to extort money.

Your ticket was pre POFA 2012 whereby they need to know who the driver was ?

As coupon-mad says, respond to them stating the keeper denies any debt and you require proof and their claim is pre POFA 2012
They will no doubt respond asking who the driver was which you are not obliged to say.

BW Legal are currently walking a tight rope as they are under investigation by the SRA for spurious claims.

It amazes me that they put so much effort giving such a small return ,,,, even if they won ?

YorkshireGuy1965

To the three of you that have very promptly responded - THANK YOU for the clear and excellent advice. Really appreciate it.
I will trawl the forums and pickup on BWLegal threads - but most importantly I'll respond in writing too.
Actually thinking back now I DIDN'T ignore A.White solicitors (after VCS and Roxbrough), I actually wrote to them and specified all the reasons why I wouldn't be paying the PCN and invited them to challenge me in court. All went quiet for 3-4 years until these BWLegal clowns have arrived in town!
Thank you everyone.

beamerguy

YorkshireGuy1965 wrote: »

To the three of you that have very promptly responded - THANK YOU for the clear and excellent advice. Really appreciate it.
I will trawl the forums and pickup on BWLegal threads - but most importantly I'll respond in writing too.
Actually thinking back now I DIDN'T ignore A.White solicitors (after VCS and Roxbrough), I actually wrote to them and specified all the reasons why I wouldn't be paying the PCN and invited them to challenge me in court. All went quiet for 3-4 years until these BWLegal clowns have arrived in town!
Thank you everyone.

BWLegal are currently doing this a lot, not certain if the bosses know what they are doing but they are making a pigs ear of it and YES, they really are clowns. Play along with them
If they ignore you or start making menacing threats, simply issue your complaint to the SRA. BWL are not long for this world

This is a double whammy for BWLegal
Under Investigation ???
What PPC in their right mind would use BWLegal

VCS and Exel did ........ BIG MISTAKE

Coupon-mad

YorkshireGuy1965 wrote: »

To the three of you that have very promptly responded - THANK YOU for the clear and excellent advice. Really appreciate it.
I will trawl the forums and pickup on BWLegal threads - but most importantly I'll respond in writing too.
Actually thinking back now I DIDN'T ignore A.White solicitors (after VCS and Roxbrough), I actually wrote to them and specified all the reasons why I wouldn't be paying the PCN and invited them to challenge me in court. All went quiet for 3-4 years until these BWLegal clowns have arrived in town!
Thank you everyone.

As long as you never said who was driving then there is no case for a registered keeper to answer, pre-POFA.

This certainly needs reporting to the CSA and SRA which seems the best step right now to halt these awful, unscrutinised 'let's scare people into paying years later with robo-claims' which those responsible for the MCOL system should be ashamed of allowing to exist.

That's why we are also saying complain to your MP and Mrs May, who has taken an interest in the people hit with CCJs issued to old addresses after years of nothing (and parking firms are the main perpetrators):

https://forums.moneysavingexpert.com/discussion/5524754

Count yourself lucky you didn't move home in the meantime. At least you've seen these scummy letters and can throw the kitchen sink at it.