Britannia Parking / BW Legal / Next Steps

onlyfoolsandparking

Typical BW lying Legal BS reply!! I did warn you though that they are not interested in what you have to say even if it carries legitimacy.


They are trying their usual bullying tactics threatening you with THEIR interpretation of POFA 2012???? their is NOTHING within POFA that says anyone has to name a driver AND nothing in LAW either.


There BS about suggesting the Judge/Court would look upon you as acting unreasonably in light of you not naming the driver is complete nonsense, they really are low life scum (oh well rant over now)


Your cease and desist notice is falling on deaf (and DUMB) ears as I knew it would, you can only fight these idiots in Court with a well crafted defence, as I said earlier don't waste your time playing letter ping pong.


SAR wont give you Landowner details but Land registry will but you wont necessarily need that yet, you can ask the scumbags but they wont give it till they have to ie if/when it goes to Court.


Personally I wouldn't reply (the regulars will know better) all your really doing now is waiting for a genuine LBA/LBCCC which must give you 30 days to reply and come with their intrusive expenditure forms which YOU DO NOT FILL IN.

beamerguy

Webneck19 wrote: »

You have made an allegation that you were not the driver of the Vehicle on the Contravention Date. As the registered keeper of the Vehicle, and given that you had not provided our client with the full name and serviceable address of the driver within 28 days from the date of the PCN, our client is able to hold you liable for the unpaid parking charge under Schedule 4 of the Protection of Freedoms Act 2012.

Without prejudice to the above, we would be grateful if you would furnish us with details, including the full name and address, of the alleged driver of the Vehicle on the Contravention Date. Upon receipt of this information, we will take further instructions from our client and revert back to you in due course. If you withhold this information, we reserve the right to draw the court’s attention (if county court proceedings have been issued) to your conduct which may be perceived to be unreasonable in refusing to comply with our reasonable request for information. We also reserve our client’s position in terms of costs.

You are under no obligation to name the driver and should not be bullied into such. As you are under no obligation, this cannot be seen as unreasonable.

What is unreasonable by BWLegal is their claim for £60 which is double recovery. This must be brought to attention of the court.

But note their wheeze ....

(if county court proceedings have been issued)

>>>> to your conduct which may be perceived

It is indeed the conduct of BWLegal that a court should carefully look at for adding fake amounts to their claim.

BWLegal love giving out little bollockings but forget to bollock themselves

Coupon-mad

Dear Sirs,

I repeat: ''Details of the driver were given on xxxxxx''.

The facts of the claim, and fundamental issues like not pursuing the wrong party, remain at all times your client's burden, not mine. Ask them to make an effort and check their data. They already have the driver's name and postal address for service. Pursuing a keeper under these circumstances, is harassment and unsupported by the POFA.

I suggest your clients have another think who might be the unreasonable party in all this and desist from intimidating me.

I have not withheld this information. Ask Britannia to check their data.

yours faithfully,

Webneck19

Just want to say thank you to everyone for all for your advice so far.

All of your comments are a great help.

I will send the reply to BW Legal and post any updates on here for future reference incase it escalates to court. I have tried to keep all info in one place for easy reference.

I also messaged John Gallagher, Lead Adjudicator at Popla after reading the threads re ; unhappy with POPLA decisions etc. I will post that email here aswell incase I get a reply.

Moving on shall I respond via email and point out the cease and desist has been ignored)
OR
send it via post with proof of postage (not recorded /signed for ) another great piece of info
I would have automatically sent any info to these companies via recorded if it wasn't for visiting these sites.

Thanks again

Coupon-mad

Email it, costs you nothing and you have proof of all the comms in one place.

beamerguy

This high level of incompetence by BWLegal and Britannia seems to be the norm now.

There can only be one outcome in your case and that is the court whooping BWLegal yet again and you claiming your costs

Such an unprofessional bunch

Webneck19

Coupon-mad wrote: »

Dear Sirs,

I repeat: ''Details of the driver were given on xxxxxx''.

The facts of the claim, and fundamental issues like not pursuing the wrong party, remain at all times your client's burden, not mine. Ask them to make an effort and check their data. They already have the driver's name and postal address for service. Pursuing a keeper under these circumstances, is harassment and unsupported by the POFA.

I suggest you have another think who might be the unreasonable party in all this (could it be the desperately litigious and notorious parking firm you are propping up?). Kindly desist from threatening me with this dross:

''If you withhold this information, we reserve the right to draw the court’s attention (if county court proceedings have been issued) to your conduct which may be perceived to be unreasonable in refusing to comply with our reasonable request for information. We also reserve our client’s position in terms of costs''.

I have not withheld this information. Ask Britannia to check their data.

yours faithfully,

Quick update.

I sent the above response to Bw Legal and received the following response :

Good Morning

Thank you for your recent email, the contents of which have been noted on file.

Please note that the matter is currently being queried and your file has been placed on a hold.

Confirmation of this has been sent through the post, you will be contacted in due course.

Should you have any queries please contact our office on 0113 487 0432, or alternatively sign in or register on our Online Customer Portal at

Kind Regards,
bwlegal
Email:
Direct Dial: 0113 487 0432
Fax: 0333 370 0107
Website
Postal: Enterprise House, 1 Apex View, Leeds, West Yorkshire, LS11 9BH

Webneck19

UPDATE: 29/05/2019
Hi Everyone, Received the following letter from BW Legal yesterday. Nearly 2 months on from the letter stating that is was placed on hold.

We have received correspondence from a separate individual regarding this matter who is stating that they were the driver of the vehicle at the date of the contravention.

Whilst we appreciate the above, we require that you, the keeper of the vehicle provide the details of the alleged driver of the vehicle on the contravention date including their full name and address. Upon receipt of this information, we will take further instructions from our client and revert back to you in due course.

Please be advised should the information not be provided, our client will continue to pursue you the keeper of the vehicle under Schedule 4 of the Protections Of Freedom act 2012

What should i do now ?

Any help greatly appreciated.

Le_Kirk

They are clearly not reading your communication with them; if you have already given the name and address for service of the driver, why would they think it came from a third party? Unless, of course it did. Did you send the e-mail/letter that Coupon-mad suggested on 24/03/19 I post # 14? If so, suggest you send it again with a covering note showing the trail of giving up the driver's details.

Webneck19

Hi, Yes I sent post number #14 as per Coupon-mad. To which the appeal was put on hold.

The name of the driver was given in the original online appeals section of their website.We gave first and last name but no other details, address etc.

When my mother returned from holiday she filled in the transfer of liability section on the original NTK paperwork and posted it back to them.

As i don't have proof of postage of the Transfer Of Liability do I have to send it again ?

Also not once did they ever ask for more details having seen the first and last name in the appeals process.

Am I right in thinking that once they have the right details we can start the whole process again. This time with a much better POPLA appeal etc.?

Thanks