BW Legal Letter of Claim

Aardvark22

Okay doke. This is not a hire vehicle and so paragraphs 13 and 14 don't apply though do they? In any case, this seems well worth a go in court. Should I ask my employer to notify Britannia or BW legal of the details of the Keeper of the vehicle? Or both?

Coupon-mad

This is not a hire vehicle and so paragraphs 13 and 14 don't apply though do they?

Yes they do, to a lessee of a car.

A person who is provided with it by a company is a lessee, whether money changes hands or not, as there is an implied or specific 'lease' type agreement within the employment terms, about car usage.

I'd say your employer should write to both - give your name and address and call you the lessee and 'keeper' of the vehicle at the material time. And use words like:

We hereby transfer liability to the keeper, pursuant to schedule 4 of the POFA 2012 and have no liability now that the keeper's name and address (under the POFA definition of 'keeper') is known to the parking company, before legal action commences. Britannia must now take the matter up with the keeper.

And get a FREE Post Office certificate of posting - NOT RECORDED OR SPECIAL DELIVERY!.

Aardvark22

Hi again,
Would you extremely helpful people be able to appraise this as our letter to BW Legal and Britannia Parking?

Dear Sir or Madam,
Regarding the outstanding charge for parking of vehicle AB12XYZ at Harbour MSCP Plymouth on 31st December 1901, we hereby inform you that the lessee and Keeper of said vehicle at the time was as follows:

Joe Bloggs
22B Baker Street
London

We hereby transfer, prior to legal action, all liability to the Keeper, pursuant to schedule 4 of the POFA 2012, and have no liability now that the Keeper’s name and address (under the POFA definition of ‘Keeper’) is known to Britannia Parking. Britannia Parking must now take the matter up with the Keeper.

Yours faithfully,

The Company



.....obviously with different specific details!

Many thanks

KeithP

Looks good, but mention the PCN number in there somewhere.

nosferatu1001

Technically under para 13 and 14 a copy of the lease/ hire agreement must be sent to the PPC, otherwise the company is stil o nthe hook.
They have to do this, as POFA then requires the PPC to send that hire agreement onto the hirer, alongside THEIR Notice to keeper / hirer

But see if the PPC falls for it. Theyre so incompetent that, 6 years in, theyre still pretty clueless about a fairly important piece of legislation that their own trade body campaigned for!

Aardvark22

Hi all,

I followed the advice and asked my employer to send a letter passing all liability to myself as the Keeper of the vehicle.

I now have a letter through the post entitled Notice to Driver/Hirer, notifying me of the parking charge amount due, discounted if paid within 28 days, blah blah blah.

Could anyone advise me as to my next move please?

Many thanks in advance

Coupon-mad

Use Edna Basher's hirer appeal from the NEWBIES thread (not the Fleet company one).

Aardvark22

Hi all,

Could anybody help me further with this please???

My employer wrote a letter naming me as Keeper of the vehicle. I received a notice to Hirer/Driver several weeks ago (despite not being the driver, only the Keeper as set out by POFA). Subsequently I have received more demands for money from the PPC, and a letter before claim from BW Legal.

I wrote to both BW Legal and the PPC stating that the identity of the driver is unknown, and that neither BW Legal or the PPC can pursue the Keeper as the initial NTK was not sent within 14 days following the day of parking.

I have now received a baffling response from the PPC stating that the initial PCN was sent just several weeks ago (I believe they are referring to the notice to Hirer/Driver that was sent to me) and that the BPA code of practice has been followed. All further correspondence with the PPC on this matter will apparently be ignored and I should now communicate with BW Legal.

What is happening here folks? I have received a notice to Driver/Hirer, despite not having been identified as the driver. The initial PCN was surely the NTK which was sent outside the time-frame specified by POFA 2012. Any advice?

Many thanks in advance.

Coupon-mad

Why didn't you follow the advice we gave you, and appealed as lessee/hirer?

Aardvark22

Hi

I left it a few weeks due to being exceptionally busy and forgot to re-read this thread before writing a letter. Big mistake?