is this true

Quentin

crazynana wrote: »

the only paper work I have is from bwlegal and the court.....

If you already have received a claim from the court then the clock is ticking for you to deal with this.


Read up in the newbies faq thread on how to deal with a court claim, and follow the links there to other sources of advice on court claims.


(If you have a claim in hand now, then you need to send in an acknowledgement of claim which buys you an extra 14 days to send in a defence)

Quentin

beamerguy wrote: »

Reference made to this ..... "Got a reply back saying that I am responsible as the rk because I did not reply to they early letters"

Total rubbish, what on earth has that got to do with not replying to letters. They have the keepers name and not the driver they were after, so the keeper was not the driver, that's why they try it on quoting the Loake case

They are telling him/her that he/she didn't reply to their request for the driver's details, and now under POFA he/she is liable (as far as they are concerned).


As posted, the OP asked if that was true (that they could chase the keeper), and replies (apart from yours!) have tried to explain that it could be true if they have been compliant with POFA

beamerguy

Quentin wrote: »

They are telling him/her that he/she didn't reply to their request for the driver's details, and now under POFA he/she is liable (as far as they are concerned).

We know that already ??

You said it ...... "as far as they are concerned"
They spout rubbish

crazynana

have read on newbies thread that excel don not comply with pofa is this correct and if so then they can only persue the driver

beamerguy

crazynana wrote: »

have read on newbies thread that excel don not comply with pofa is this correct and if so then they can only persue the driver

It is correct, even a judge asked recently why they don't use POFA, the legal person said ..... they did not know

pappa_golf

crazynana wrote: »

have read on newbies thread that excel don not comply with pofa is this correct and if so then they can only persue the driver

you tell us if they complied? questions were asked , but you did not answer , do you have a papertrail to check dates of letters etc

Coupon-mad

crazynana wrote: »

have read on newbies thread that excel don not comply with pofa is this correct and if so then they can only persue the driver

Yes - true - but if you read other BW Legal Excel threads you will see you can't write a 'single line defence in text-speak with no punctuation'. Harsh but true, I am being honest here. If you are genuine and want to fight this you will need to put in some time and effort.

You must read other Excel defences and you need to read the NEWBIES thread section headed 'Small Claim?' and those links.

Come back when you have acknowledged the claim on MCOL using the password on the front page of the claim form. Leave the defence blank and then come straight back here and show us the draft defence - using numbered paragraphs like you see on other Excel threads, a detailed defence that is relevant to your case.

Copy stuff from other defences by all means but only if it makes sense for your case.

The_Deep

If they do not use POFA, and ask the RK to pay, it is ikely that they have breached DP Regs and their Kadoe contract. Smart were taken to court recently and chickened.


http://parking-prankster.blogspot.co.uk/2016/11/smart-parking-settle-out-of-court-for.html

crazynana

have said above have no paper work have sent court papers back so I will wait and see what happens next thanks

pappa_golf

crazynana wrote: »

have said above have no paper work have sent court papers back so I will wait and see what happens next thanks

first post "received a letter from bwlegal in december about a pcn that happened in 2014 asking for £245,00 wrote back and told them I was not the driver and can prove this Got a reply back saying that I am responsible has the rk because I did not reply to they early letters so I have replyed back saying I will defend this"


have you received and replied to a MCOL court action , or are you still playing royal mail ping pong with B+W ?

if you have replied to a county court letter , WHAT have you written ?