BW LEGAL “LETTER OF CLAIM” - starting my defence.

Re31

Hi all,

This may not be a usual one as I can see from the rest of the forum. I will begin fighting my case and would appreciate some help and support along the way but before I begin I’d like to provide some additional information that may or may not be helpful towards you understanding my situation.

• I was the driver of a vehicle registered to my sibling as the keeper at the time of the contravention took place therefore any and all PCN or debt recovery letters have been in my siblings name under the same address.
• the contravention occurred on a Sunday evening (30/08/2018) around 8:00pm where it was dark, in what was apparently a private car park. I was in a bay and did not leave the car, just parked up with a friend having a chat no warning or ticket was issued on the car a week or so later I received a Parking Charge Notice
• the reason I have left it so long is that I feel as if I have been ill advised to just “ignore” private PCN charges however as they are all under my siblings name It is causing them to be distressed so I would rather the burden be on myself.

Please feel free to comment whatever you think of the situation so far. I will begin with where we stand at the moment. Hopefully I can get a response by today evening!

Le_Kirk

To reduce/relieve stress on your sibling, he/she could respond to the PCN by declaring you as driver, you will then receive a PCN in your name and defend it. If sibling does not do this, then he/she will have to defend it in their name and, providing driver has not been declared to the PPC, could use no keeper liability, depending upon whether or not the PPC has declared intent to rely on POFA and sent the correct documents to keeper. Read the NEWBIE sticky on page one of the forum for best and full advice.

Re31

Le_Kirk wrote: »

To reduce/relieve stress on your sibling, he/she could respond to the PCN by declaring you as driver, you will then receive a PCN in your name and defend it. If sibling does not do this, then he/she will have to defend it in their name and, providing driver has not been declared to the PPC, could use no keeper liability, depending upon whether or not the PPC has declared intent to rely on POFA and sent the correct documents to keeper. Read the NEWBIE sticky on page one of the forum for best and full advice.

As this is a letter from BW LEGAL and not the Parking Company would a response to BW legal declaring that i am liable be valid for them to cancel the claim being made on my sibling?

Redx

Correct, but it is the RK receiving the letters and threats that needs to inform both the claimant and B W Legal of who the driver was plus their current address and to cite the law named POFA as to why they no longer have any legal liability

They sign and date it, keep a copy and get a free certificate of posting for each one from the P O Counter

You can draft it and post it (twice as it's 2 letters) but the sibling must sign them both as they are in their name

At the moment, Nothing is in your name and so this needs doing asap before any court claim arrives, too late afterwards

Emails won't cut it as they are not legal documents, ie not signed

Your SAR will be done when it's all in your name

Re31

Redx wrote: »

Correct, but it is the RK receiving the letters and threats that needs to inform both the claimant and B W Legal of who the driver was plus their current address and to cite the law named POFA as to why they no longer have any legal liability

They sign and date it, keep a copy and get a free certificate of posting for each one from the P O Counter

You can draft it and post it (twice as it's 2 letters) but the sibling must sign them both as they are in their name

At the moment, Nothing is in your name and so this needs doing asap before any court claim arrives, too late afterwards

Emails won't cut it as they are not legal documents, ie not signed

Your SAR will be done when it's all in your name

must my name and address be provided to BW legal or can i simply state that the driver is no longer liable to owe any sum under POFA and all the driver (me) details will be provided to the PPC?

once the PCN is under my name i intend make a defence against it with the PPC

Redx

I already answered that question in the post you quoted, name and serviceable address is required, not optional

It is the keeper, not the driver, who is absenting themselves from this, you are mixing up the terminology

The first task is to get the keeper out of this Legal tangle and then you deal with it as Driver once you receive letters

Until now you have had no letters, only the keeper has

Re31

Redx wrote: »

I already answered that question in the post you quoted, name and serviceable address is required, not optional

It is the keeper, not the driver, who is absenting themselves from this, you are mixing up the terminology

The first task is to get the keeper out of this Legal tangle and then you deal with it as Driver once you receive letters

Until now you have had no letters, only the keeper has

Apologies for confusions caused on my behalf. this is what i intend to send off:

Letter to BW Legal:

Dear Sir/Madam

In reference to your “Letter of claim” received <date> under the registered vehicle: <VRN> account number: ****

I <Name>, the registered keeper of the vehicle have provided your client: Parking Awareness Service Limited with the information of the driver who has admitted that at the time of the contravention that they (the driver) was in possession of the vehicle therefore the PCN issued was obtained by the driver and not the Registered keeper (<name of RK>).

As provided to your client the driver liable to act against any claim or PCN is as follows:

<Driver name and address>

Considering this information, I would like to insist that any proceeding actions taken in my name to be ceased under the Protection Of Freedom Act 2012 as the as the driver – whose information has been provided to your client will be liable to take act against this PCN.

Please can you confirm the necessary action has been taken above in light of this information

Yours faithfully,

<Name / signature>

Letter to the PPC

Dear Sir/Madam

In reference to the “Letter of claim” received on <date> under the registered vehicle: <VRN> regarding the contravention dated: <PCN date> sent on behalf of your client BW LEGAL

I <RK>, the registered keeper of this vehicle will provide you, Parking awareness service limited with the information of the driver who has admitted that at the time of the contravention that they (the driver) was in possession of the vehicle therefore the PCN issued was obtained by the driver and not the Registered keeper

The driver at the time the PCN was issued is as follows:
<driver name and address>

Considering this information, I would like to insist that any proceeding actions taken in my name to be ceased under the Protection Of Freedom Act 2012 as the as the driver – whose information has been provided to you will be liable to take action against this PCN.

Please can you confirm the necessary action has been taken above in light of this information

Yours faithfully,
<name / signature>

please let me know if i should make any amends

KeithP

Mentioned in both letters - What's a registered driver?

Re31

KeithP wrote: »

Mentioned in both letters - What's a registered driver?

im a dunce, my mistake, this has been ammended

Re31

Hi all I have just received a response from parking awareness service stating the following:

Thank you for your correspondence.

Unfortunately, you would need to produce evidence that the details you have provided are those of the driver at the time of the contravention.

As you can imagine, many people misbelieve that our PCNs are not enforceable and therefore try to supply falsified details to remove liability from themselves once they are issued with legal action. If you can produce said evidence, we will be happy to transfer liability to the driver however without this evidence we will have to continue the legal action against you, the keeper.

Also attached are pictures of the vehicle in question which are hilarious and I cannot wait to share.

As for evidence I will provide a no claims bonus certificate earned within the time period the PCN was issued and also a recent letter with my name and address. However the question I have is that BWLEGAL stated that legal action will commence from the 2nd August - can Imagine that they will not process all that I will provide before then. What will be the result in this case ?