BW legal - Letter of Claim

nosferatu1001

9) is also wrong
They are relying on POFA. POFA is very clear as to the extend of the liability of the Keeper

You should respond, and one of the queries will be to ask under what stattue the Keeper is liable for the £60 made up fee, because this is not claimable in small claims, as they are well aware under CPR27, and also they are entirely aware it cannot be due to POFA, as this limits the Keepers liability to the amount on the Notice to Keeper and no more.

They have also stated "you" a lot in the first. Ask where and how they have identified you as the driver. You require the evidence for this.

jtotheb

Hi there, I'm at exactly the same point in the process as the OP. See my thread here https://forums.moneysavingexpert.com/discussion/5864503/bw-legal-letter-of-claim&page=2. Looking through the advice given above, this all applies to my situation.

Not wishing to cross post but I'll be watching this thread closely and taking the same advice.

Mountains

Copy this into the DVLA and ask them to confirm the transfer,

Thanks for this. I've sent off the email to the DVLA and Steve at the BPA

And also send NCP a SAR as well.

Found a template on the ICO website and tweaked it and will be sending off a copy tomorrow to both NCP and BW legal
______________________________________________________________
Based on the suggestions i have drafted a second letter below

I am in receipt of your letter dated..................

Your letters continue to lack clarity of the claim

As stated in the previous letter under point 2, I am being pursued as the Keeper yet in your previous letter under point 1 you state I had personally breached the terms and conditions of the contract thereby implying that you have identified me as the driver. As such I request that you provide me with evidence to support this claim.

Please state under what statute the Keeper is liable for the £60 fee, because this is not claimable in small claims under CPR27. If you intend to rely on POFA you should already be aware that this limits the Keepers liability to the amount on the Notice to Keeper and no more.

You also state that your client is a member of the IPC (which has been incorrectly defined in your letter) to which they adhered to their code of practice. There is no evidence to support this as your client is part of the BPA according to their website and not part of the IPC. Due to the legal implications of your letter I have sought clarity from the BPA as well as the DVLA. Furthermore I would like clarity why my case is being assessed against a code of practice for which your client was not part of when the Notice to Keeper was originally issued
________________________________________________________

Not sure about the last paragraph. Ive already sent off the query to BPA and DVLA so not sure if it is worth raising . Please let me know

Mountains

Just had a delivery failure for the DVLA email address. Does anyone else have a direct email for them without having to use their online form as they seem to ask a lot of personal details?

Umkomaas

Mountains wrote: »

Just had a delivery failure for the DVLA email address. Does anyone else have a direct email for them without having to use their online form as they seem to ask a lot of personal details?

Which one did you use? Was it the one I gave you in post #19?

Mountains

Yes it was . It just bounced back instantly.

DVLA do have an online form where they give you an automated response which doesn't help at all.

On a side note I heard back from BPA who have confirmed that NCP are under them and not IPC. They have requested the letter I received to be sent through so they can investigate further.

Not sure what that means though

System

Not sure what that means though

The BPA/IPC have to investigate any breaches of their Code of Practice, so you will get a reply which will likely whitewash the issue as an "error" and no sanction points awarded.

Racing_snake

I have been having the same problems with BW legal, i am in the process of court proceedings with them. The parking dispute happened in 2016 and they have issue county court proceedings against me. I had a right to park in the carpark and even the owners of the carpark have called BW legal to tell them this. They have ignored and proceeded with a county court claim. I have filed a defence and they have now come back stating;

'our client intends to continue with the claim, we confirm that we have notified the court of the same'

The claim is for £260.00, i am guessing the outcome should be known within the next couple of weeks where i will either be £260 lighter or sitting smug in the pub.

KeithP

Racing snake, your guessing is wrong. You have more work to do.

Please start a new thread if you would like help with preparing your Witness Statement and evidence.

You can find comprehensive guidance on how to progress a court case in post #2 of the NEWBIES FAQ sticky thread.

Please, no more posts here. Trying to progress two people's issues in one thread can only lead to confusion.

In your new thread, please show us the Defence you filed.

Coupon-mad

The claim is for £260.00, i am guessing the outcome should be known within the next couple of weeks where i will either be £260 lighter or sitting smug in the pub.

Wow you have no idea! You need to read the NEWBIES thread 2nd post!

What did you put in the defence? You HAVE put something to get this far. Start a new thread and for goodness sake read up on 'what happens when' in the sticky thread and learn how to win the case.

You need a witness statement from the owners of the car park.