Bw legal hounding please help

Umkomaas

Sorry autocorrect changed Persue to peruse!!

Auto correct was correct in correcting ‘persue’ to ‘peruse’ as ‘persue’ isn’t a correct word.

However by perusing a dictionary for the word you were seeking, you would have perused the word ‘pursue’! . Go with that.

rachity

Umkomaas wrote: »

Auto correct was correct in correcting ‘persue’ to ‘peruse’ as ‘persue’ isn’t a correct word.

However by perusing a dictionary for the word you were seeking, you would have perused the word ‘pursue’! . Go with that.

Coulda been worse.
It could have auto-corrected to 'persecute'.
(Or maybe that would be more 'on the money!')

The_Deep

In the meantime, don't worry, rest assured there are members on this forum, solicitors included, who are much smarter than BWLegal

Including at least one retired diplomat.

Fruitcake

Parking_nightmare133 wrote: »

Thank you, it is a one off charge for overstaying but I still do not know for how long as it does not state this in any of their correspondence!!

I have sent SAR and once received will email Steve Clark.

Many thanks

Also complain to the DVLA that you are being taken to court by a scumpany who never sent you a NTK. Point out that they have refused to show proof of posting so it is reasonable to assume they never sent anything.
Also point out that this does not seem to be an isolated incident as Mr Clark is no doubt aware.
Personally I wouldn't wait to make your complaints.

You still haven't edited your posts to remove the glaring information about the driver's identity. Are you intending to throw away the protections afforded to the keeper by Act of Parliament? Have you already told the scammers the driver's identity?

beamerguy

The_Deep wrote: »

In the meantime, don't worry, rest assured there are members on this forum, solicitors included, who are much smarter than BWLegal

Including at least one retired diplomat.

Of course Sir Deep, you are part of the anti-scam family

Super weather for a large G&T

Redx

Parking_nightmare133 wrote: »

One of my main issues is that ncp (despite having letter templates) have not sent out the first two letters to me. The first I received was a trace debt recovery letter and I thought it was a scam due to having no notifications prior to it.

Is there anything I can do about that as they won’t be able to prove they posted it as it was never sent (not one but both letters- chances two letters on different dates go missing from the post and in all the time we’ve lived here nothing else has ever not turned up is highly unlikely)

I was denied my chance to appeal/ popla and do not think it’s fair to be catapulted to a higher stage without this.

Kind regards

all the above is speculation, you have no idea until the SAR reply comes back if or when they sent out any NTK, or to which address

we could speculate on where these letters went , assuming they were posted, like an old address due to not updating the V5C for example

my advice ? WAIT until you have the SAR reply back and study what was sent , when it was sent , where it was sent , and who to , as well as what for

once you have the facts , then you can act on the facts , and consign speculation to the bin where it belongs, so wait for the SAR reply and dont assume anything at all, break the word down , it makes an A** of U and ME lol

any court papers and the judge will look at the facts, they wont look at your fictional account of what the claimant may or may not have done, the court case will hinge on facts, or lack of facts


your next reply needs to be AFTER the SAR reply comes , with the facts of the matter

Parking_nightmare133

Thanks,no I haven’t told them and I’ve been using a mobile to write posts so had to wait until on a desk top to edit.

Parking_nightmare133

Many thanks again for the reply. I will wait not for the SAR to come back. I’ve been email d copies of the two letters that didn’t arrive (took 6 months for them to get me a copy!!) and the address on them is the same as my home address so which is correct.

Redx

so all they would have to do is prove to a judge by the laws of probability that they posted these letters at the time (preferably with proof of posting)

those NTK letters tell you what the contravention was on the date of the incident

if a judge accepts that the letters were posted (not that they were received) by the claimant , then the letters are deemed "delivered" 2 days later

so whilst your defence can assert that no letters came through the post, you cannot prove they were not posted , so you need to research legal arguments as to why you are not liable for the charges

start by looking at the defences by BARGEPOLE

this is what CM said recently

most people can use bargepole's concise template defence from the NEWBIES thread, and add in a point or two about the facts of the case/contravention/why they are not liable.
And a point about no landowner authority as seen in other defences.

Parking_nightmare_321

Hello, so the info pack was received from the SAR and to be honest we are still in the dark.

The info states that the person driving had overstayed however on none of the paperwork states how much. It is clear from the entry and exit photos that a ticket was purchased as it is on the dashboard when exiting but not entering.

There were copies of the letters that we didn’t receive through the post also.

Where do I start with a defence as the whole thing is very unfair. First we didn’t receive a claim until it had been handed over and over a year later we have still not been told times or how we have over stayed.

Any help would be greatly appreciated. Many thanks