Sending SAR (UKPPO) + claim on hold to BW Legal

dy123

Hi,

I was parked in a free car park and I believe I am being charged for "overstaying" - I regularly use the car park as it is a local stadium retail park.

I have received a letter of claim and have ignored every other correspondence (debt collection etc), is anyone able to predict the likelihood of this going to court?

Does the registered keeper have to sign off the letters I plan to send listed in the title?

If the matters do proceed to court, I do not want this to happen in the registered keepers name, is there a way around this or will the registered keeper be forced to get involved?


Thanks in advance.

Redx

the RK would have to name the actual keeper or driver on that day , BEFORE the clourt claim form is issued

too late once its been issued and UKPPO have loads of court claims on the go at the moment


if its still in the KEEPERS name , then you personally have NOT received an LoC , the KEEPER did , so the KEEPER woyuld have to email the SAR with proof of their own ID, like a copy of the V5C attached


if the letters are not in your name , its got fffff all to do with you legally

The_Deep

The RK can name the driver. Have you read the stickies.

Nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. 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, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but 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.

dy123

Thank you for the responses.

I had a look at the stickies and found I can identify the driver to UKPPO as this will reset the appeals clock.

Does this mean I should continue to ignore BW Legal after sending the details to UKPPO?

BrownTrout

Good luck with that approach It wont work with UKPPO at this stage

dy123

I'm confused as to why that wouldn't work?

The RK is family hence why I don't want to leave the matter, if it is better for the RK to request a SAR + claim on hold letter I will be forced to go down this route but would rather do it in my own name

BrownTrout

UKPPO will not reset the clock at that stage.
Try it for yourself if you doubt me

Coupon-mad

I agree UKPPO will not reset it back to appeals stage but in the circs your describe, the rk needs to write/email (and keep proof of sending) a transfer of liability letter, simply stating that you were the driver and your address for service.

We doubt you'd get a PCN to appeal but in fact that can be a good thing because part of your defence could mention that! Strictly speaking, (unless there was a windscreen PCN for you to appeal on the material date, in which case you can't argue you were never given that opportunity) you should be issued your own PCN/NTK and a right to appeal, once the rk names you an gives your postal address, and a Judge might be interested to hear why UKPPO won't offer that to you.

If this is about UKPPO at Newcastle Airport, then read the group thread, as there is a recommended tactic of contesting jurisdiction due to the byelaws, rather than defending. Costs £100 application fee to contest jurisdiction but you can then ask the Judge to award to against the Claimant who already know about the issue from at last one more poster on the UKPPO group thread.

If not, which location?

dy123

I have spoken with the RK and they are happy for me to continue on and send a SAR + claim on hold in their name and take it forward from there.

The incident occurred at Wembley, Stadium Retail Park. I have seen draft SAR on the newbie forum, for my circumstances is it best to use this template?

I received the letter on 1 July and so have to send this all off before the 14th

KeithP

dy123 wrote: »

I received the letter on 1 July and so have to send this all off before the 14th

I am puzzled by this statement.

Are you saying that the RK has received a Letter of Claim that only gives fourteen days for a response?

If so, it is not a compliant Letter of Claim.

A compliant Letter of Claim must give thirty days for a response.
It also mus include a reply form and financial status form - not that you would be using those anyway.

dy123

Sorry thats my mistake. I checked over the letters and have 30 days to respond with all the forms attached, I had read somewhere it had to be within 14 days but I think I'm getting it all a bit muddled up.