Pre POFA BW legal letter of Claim

Trunk

As the Keeper, I received a PCN in earlier 2012, pre POFA, from VCS. I followed the advice on the forum at that time and did not respond. Eventually nothing more was heard until contacted by VCS/BW legal in the summer. I have again followed the advice on the forum here, thanks to everyone for your efforts. I have also written complaints to and had replies from the SRA, CSA and Information Commissioner.

I have now received a letter of claim (basically a letter before action) from BW legal saying they will commence legal action if I don't pay. The Letter of Claim is obviously a standard template and of course ignores everything I have written to them.

The BW website, in advertising to prospective clients, says it always recommends sending a Letter of Claim as it gets good results for them but I wondered if there were any other Pre POFA cases? and should I still just follow the advice on LBCCC guidance thread.

Carthesis

They're welcome to crack on, but as it's pre-POFA they can only go after the driver and not the RK. They should know this.

They may allege Elliot -v- Locke to not rely on POFA and work on the presumption the RK is the driver, but that shouldn't hold a lot of water for various reasons, which you should be able to discern from skimming round the forum, but basically that was a criminal case with forensic evidence. Refer them to the comments by Henry Greenslade, who was the CHief Assessor at POPLA, who stated categorically that there can be no reasonable assumption the RK was the driver.

If they're saying "they will commence legal action if [you] don't pay", then it means they haven't commenced legal action yet, so nothing to worry about.

Personally, i'd write back to them, ask them to provide their evidence of who the driver was, tell them that as the alleged incident predates POFA they cannot attempt to transfer liability to the RK, preempt their E -v- L argument, and further tell them to take a long walk off a short pier.

Trunk

Thanks, we are quite a long way down the track. I have previously quoted EvL at them and Henry Greenslade. They are saying they will commence legal proceedings after the 14 day notice period without further notice and talks about having met its obligations under the Civil Proceeding Rules. I am treating it as a Letter before Action and looking for any additional advice the forum can give.

Carthesis

Of *COURSE* they're saying they will commence legal proceedings.

It's another scare tactic to get you to pay up.

If they initiate proceedings, they'll still have to send you the information, and you'll still get the letter from Northampton which will be the clue.

beamerguy

Trunk ..... it is now time to complain again to the SRA about BWLegal.

As it's pre POFA2012 who on earth do they think they can take to court ?
Assume you did not name the driver

Sooner or later this "virus" will learn a steep lesson

beamerguy

Trunk wrote: »

.

The BW website, in advertising to prospective clients, says it always recommends sending a Letter of Claim as it gets good results for them but I wondered if there were any other Pre POFA cases? and should I still just follow the advice on LBCCC guidance thread.

Until that is that they came up against the private parking industry
and the scam.

BWLegal rubbish does not wash well on these forums but they know that already hence all the complaints to the SRA

Fedupwiththis

Hi Trunk. I have had the same letter as has Mowkid (see excel/bw chasing my wife's carer) I wrote back a strong letter complaining about their intimidating, misleading letter and advised that I would be reporting them to the SRA (which I did) I also stated that I could not be expected to remember who was driving the vehicle in question 5 years. they replied stating that they had noted my comments and asking me to name the driver ( obviously not noted that bit!) They then state 'if we do not receive the details of the driver prior to issuing a Claim, our client MAY instruct us to issue County Court proceedings against you'. They also keep mentioning that their client does not rely on POFA 2012 - the pcn was from 2011! So I've replied yet again sigh.......

beamerguy

Fedupwiththis wrote: »

Hi Trunk. I have had the same letter as has Mowkid (see excel/bw chasing my wife's carer) I wrote back a strong letter complaining about their intimidating, misleading letter and advised that I would be reporting them to the SRA (which I did) I also stated that I could not be expected to remember who was driving the vehicle in question 5 years. they replied stating that they had noted my comments and asking me to name the driver ( obviously not noted that bit!) They then state 'if we do not receive the details of the driver prior to issuing a Claim, our client MAY instruct us to issue County Court proceedings against you'. They also keep mentioning that their client does not rely on POFA 2012 - the pcn was from 2011! So I've replied yet again sigh.......

Are BWLegal not really with it ???

Who cares if their client does not rely on POFA2012 ??

What has that got to do with 2011, the mind boggles

It must be very frustrating dealing with BWLegal.
Is this really in the interests of the SRA or the public.

One expects a SRA member to behave in a professional manner but this wild bunch are far from being professional