BW legal, chasing AGAIN a 7 year old parking ticket after nothing for a year!

PaulJM

Hi all,

My last forum post is now closed. I'm well versed in this now but this situation is crazy.

As a quick explanation - In August 2012, i had a letter from Excel saying a vehicle registered to me had been given a ticket for parking in a disabled bay, and the subsequent usual threats. I have no recollection of this event.

I excel went quiet after about a year - I ignored them as was the advice at the time. Then in April 2016, BW legal chased it up with their usual threats. I followed the advice, said I had no recollection of any of it and would appreciate photo evidence. They never provided it, then about 6 months later pursued me aggressively.

In the end I explained to them that I would be having no further communication with them, but would be happy to share any details needed with the court.

They went very quiet.. For 2 years.. And they've just chased it again.. Almost 7 years from the alleged event!

I was under the impression that these things elapsed after 5 years?
What do you think? Should I revert to ignoring them again?

twhitehousescat

6 yrs in England and wales , 5 yrs in Scotland

after the 6 yr (or 5) period they would have trouble convincing a judge to continue

however in the case of a confirmed debt , like a credit card etc , they can continue to send mail for years and years

in your case they should NOT threatening court action , but begging letters are the norm

beamerguy

5 years in Scotland and 6 years in England and Wales

What date did the 5 or 6 years elapse for this ticket

You are entitled to give BWLegal grief and complain to the SRA
https://www.sra.org.uk/consumers/problems.page

twhitehousescat

In August 2012 , this would have been pre POFa 2012 , I "think" , but not sure that there was no KADOE electronic link in those days , so I think incident would have been july (ish) 2012

PaulJM

It would have been 6 years last August.
They had one last flurry of threats, then went quiet.
Has something changed to make them more confident, or are they just throwing speculative letters out?
It seems ridiculous that a solicitor can hassle someone for an unlimited amount of years?

twhitehousescat

new laws are coming in , hopefully soon and rogue operators will be banned , they will have 6 yrs worth of claims to continue with , yours id at the extreme of 6 yrs

fear not

D_P_Dance

It seems ridiculous that a solicitor can hassle someone for an unlimited amount of years?

It is make a formal complaint to their regulatory body,

http://www.sra.org.uk/home/home.pagei

and send them a "Cease and desist" letter.

https://www.rocketlawyer.co.uk/documents-and-forms/cease-and-desist-letter.rlm?msclkid=1e55ee7236c81fbeae7bb2ed6fca36b5&utm_source=bing&utm_medium=cpc&utm_campaign=BSN%20-%20Cease%20and%20Desist%20Letter&utm_term=cease%20and%20desist%20letter%20uk&utm_content=Exact%20-%20Cease

Also get your MP on side.

On 18th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Coupon-mad

PaulJM wrote: »

It would have been 6 years last August.
They had one last flurry of threats, then went quiet.
Has something changed to make them more confident, or are they just throwing speculative letters out?
It seems ridiculous that a solicitor can hassle someone for an unlimited amount of years?

They can't, it's statute barred.

I agree with D_P_Dance, do these three things:

make a formal complaint to their regulatory body,

http://www.sra.org.uk/home/home.pagei

and send them a "Cease and desist" letter.

you should still complain to your MP, citing the new legislation.

PaulJM

Coupon-mad wrote: »

They can't, it's statute barred.

I agree with D_P_Dance, do these three things:

Thanks guys,

It seems the details MIGHT be that they can send a million letters out now, but not mention court action. I don't know that but it's how it comes a cross reading the above answers.

Also a couple of things to query,

A cease and desist letter, using the template above seems to be relating to someone using your intellectual property.

Also, I've tried my MP before, and he's VERY unconcerned about it. He pretty much sent me a standard letter back.

But I'll definitely put a complaint in about them.

waamo

Tell them they have no further need to process your data and you require them to delete it. They have no excuse not to under current legislation.

Fruitcake

This was definitely pre-PoFA as far as parking charges is concerned.

Follow the links in order for proof that the part of the POFA 2012 relating to private parking charges was enacted on the 1st of October 2012, starting with item 3 of the first link.

http://www.legislation.gov.uk/uksi/2012/2075/contents/made

http://www.legislation.gov.uk/uksi/2012/2075/article/3/made

Item 3 (c), recovery of unpaid parking charges, Schedule 4, Section 56.

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted