DW Legal PCN - do I respond again now?

Macca7

KeithP wrote: »

Stick hxxp in the forum search facility for your answer.

Even putting hxxp into google will solve you dilemma.

Initiative.

I couldn't find it out so typed it in the end. I'm genuinely not trying to get shortcuts by avoiding forum guides, though I can see it's come across that way. Just got home from work after a tough shift in the NHS to find the latest letter and another voicemail from BW Legal. This saga doesn't half push my stress buttons.

Coupon-mad

Block their number.

Macca7

Coupon-mad wrote: »

Block their number.

I did a few months ago, but they are still able to leave voicemails for some reason. I just get a voicemail alert and its always from BW Legal.


Thanks for your comment above. I haven't engaged in email contact with them but I'll write to them with that question. I suppose the back and forth game will slow down when it might go to court. Maybe the new legislation will come through in time to save me?! Though historic cases could still be pursued I guess.

Coupon-mad

You will be saved by us helping you defend the case, 99% success rate here. No CCJ risk.

Macca7

Email back and ask them to explain this mutually EXCLUSIVE position:


I made a mistake..and it's a biggy. "Our Client DOES intend to reply (think they mean rely) on Schedule 4 of Protection of Freedoms Act 2012".

Macca7

I was thinking of writing to pick them up on the fact that they have stated that the driver "parked in a car park". This is simply inaccurate. The car stopped briefly on an industrial estate. It makes "The details of the claim are that your vehicle parked with displaying a valid PDT" seem irrelevant to me.


Is it worth doing that guys? I would like to respond with something if I can.

Coupon-mad

OK, but TBH you would be better defending this one as driver anyway IMHO:

This is all in relation to stopping the car in what turned out to be a no stopping zone for approximately 20 seconds after we heard a rattling noise under the car. We took it straight to the garage and I have proof that a significant fault was found that day.

Is this at the Airport?

If so, consider the approach bargepole suggested in Webster1's thread on pepipoo, which was ignored and she ended up folding & paying.

I've been off forum, which was good timing as I moved house (downsized) and needed to sort things out a bit! So beamerguy replied on a thread here just like this one (if yours is an Airport case). Look at other threads.

Macca7

Coupon-mad wrote: »

OK, but TBH you would be better defending this one as driver anyway IMHO:


Is this at the Airport?

If so, consider the approach bargepole suggested in Webster1's thread on pepipoo, which was ignored and she ended up folding & paying. I posted about it here only the other day - but AGAIN the poster seemed to not get what was being said even after beamerguy explained it in my absence. Only relevant if it was an Airport, it;s about contesting jurisdiction, due to byelaws applying to the land.

I've been off forum, which was good timing as I moved house (downsized) and needed to sort things out a bit! So beamerguy replied on a thread here just like this one (if yours is an Airport case). Look at other threads.

Not an airport I'm afraid. Just an industrial estate off a dual carriageway that the driver happened to be driving on when they heard the noise from the car. I've proof of the quote for work being in excess of £800 on the same morning.

Coupon-mad

OK so I would now send another reply (attach the proof of breakdown yet again, every time) and maybe word it as a LBC yourself, telling BW Legal to inform their client that if they proceed to court in the full knowledge that the vehicle was broken down, you WILL proceed with a counter claim of £500 for distress caused by data misuse under the DPA and GDPR, and/or the Protection from Harassment Act. And that you will include their client, the landowner of xxxxxx land.

Copy in that landowner, send them the LBC as well and point out they are jointly and severally liable for the actions of their agents.

To get the right sort of words, search the forum for Vidal Hall Google counter claim and copy a few lines from the style of others. And be prepared to see it through - a Counter claim of £500, costs you a court fee of £35 up front, I think, if the matter proceeds to a claim/defence/counterclaim.

So why not warn them and the landowner/agent of that right now. Force them to think about it.

No ''I may do this''. It must be ROBUST. And nothing long or it loses impetus.

Macca7

Fantastic. Thanks so much. I'll let you know how I get on.