Letter of Claim from BW Legal

tor140

Thanks everyone for the advice.

Redx - Hadn't quite grasped the SAR procedure before so will get on to that now. Unfortunately as per my previous post I have no way of viewing the lease as I do not know the person visited. It was to view an item for sale and no longer have any way to contact them.

Le_Kirk

beamerguy wrote: »

Sir Deep, that link is a 404 not found

Fixed it for us: -
http://www.davidmarq.com/bama/Elliott%20v%20Loake%20%5b1983%5d%20Crim%20LR%2036.pdf


Thought I had but it always puts a space before the pdf!

Coupon-mad

Which PPC are you dealing with, are they one which uses the POFA?

That is a standard BW Legal reply, didn't need typing/copying in another thread and you could have found it by searching for a short phrase from it.

All been discussed before and this can be rebutted by showing them you will rely on Excel v Smith (appeal case, not a precedent but persuasive from a Senior Circuit Judge):

As details of the driver have not been forthcoming to suggest otherwise, Our Client, in the absence of the driver's details, reasonably presumes that you were the driver and we refer you the recent Court of Appeal case of Combined Parking Solutions Ltd v AJH Films Ltd [2015]
this case, AJH Films had failed to provide details of the driver of vehicle on the day in question and as such it was concluded that as AJH Films had permitted the driver to use the vehicle, then they should be liable for charges incurred

You should also tell BW Legal that (either):

- you were not the driver and will be denying liability on that basis,

or

- you cannot be sure which driver it was, have no legal obligation under the POFA to name that person, or list possible drivers. But for the avoidance of doubt the balance of probabilities is in your favour, because more than one person uses that car and is insured to drive it (or any vehicle) and none of them would be acting on your behalf, when driving.

tor140

PPC is NTC who are an IPC member.

I have sent a SAR to the PPC, but have been looking for examples of 'second' responses to BW, I know I've read some before but cannot seem to find them now, thought it was in the newbies section? Any pointers?

tor140

HI, the PPC are asking for photographic evidence and proof of address to process the SAR, not sure how to respond, do I just repeat to them they already hold enough details obtained from DVLA to confirm my address as they have already instructed a solicitor to issue a LBC?

Can they still refuse to respond to my SAR?

Castle

tor140 wrote: »

HI, the PPC are asking for photographic evidence and proof of address to process the SAR, not sure how to respond, do I just repeat to them they already hold enough details obtained from DVLA to confirm my address as they have already instructed a solicitor to issue a LBC?

Can they still refuse to respond to my SAR?

No they already have your name and address plus your VRD details; remind them a refusal to respond is now an offence under section 173(3) of the DPA2018.

tor140

OK, I'll respond again, thanks,

beamerguy

tor140 wrote: »

HI, the PPC are asking for photographic evidence and proof of address to process the SAR, not sure how to respond, do I just repeat to them they already hold enough details obtained from DVLA to confirm my address as they have already instructed a solicitor to issue a LBC?

Can they still refuse to respond to my SAR?

As Castle says .......and why would they want photo evidence from you ? the onus is on them to provide proof.

They are either thick or playing the idiots game.

They have your info already so re-confirm it. Do not provide any other info and that includes your phone number.

tor140

They're still refusing to process my SAR until i prove I am who i say i am! Should i provide a copy of a utility bill or something as proof of address? Certainly will not be letting them see my driving licence or passport!

Castle

Send them a copy of your VRD which will confirm your name, address and VRD.