NCP parking ticket- I won!

Eminowa

@KeithP. Am so sorry, I already filed it. I didn't read the part about delaying it. 

Eminowa

I am thinking about filing a counterclaim alongside my defence. But I will to send a letter/email to bwlegal n PPC. Here is a draft I took from Nosy page.

Dear Sirs,

I refer to your reply.  Cease and desist with demanding money from the party you now know is not liable in law.   

I suggest you consult SCS Law because you have failed to properly (or at all) interpret the period to transfer liability to a driver.  Helpfully, you can learn from SCS Law's legally qualified staff, who published a properly considered article for the BPA about what it means to 'begin proceedings' (transfer liability):

http://portfolio.cpl.co.uk/Parking-News/395/26/  

I will counter-claim for a sum not less then £500 for harassment and data misuse alongside my defence, should you not discontinued the claim file against me now that you and they know who the driver was.

yours faithfully, 

Eminowa

Tomorrow I will be requesting SAR from both the PPC and bwlegal.
In the meantime is there anything am missing or haven't done. As I have foolish filed the AoS. 

Coupon-mad

No, you are doing well.

KeithP

Eminowa said:

@KeithP. Am so sorry, I already filed it. I didn't read the part about delaying it. 

OK, I've looked back and found out what 'it' is.

On what date did you file an Acknowledgment of Service?
If you filed it on Friday, at what time?
It may well affect your Defence filing deadline.

Eminowa

@KeithP. I filed it on Thursday 9pm, which would be class as next day Friday the 21st

Eminowa

Eminowa said:

I am thinking about filing a counterclaim alongside my defence. But I will to send a letter/email to bwlegal n PPC. Here is a draft I took from Nosy page.

Dear Sirs,

I refer to your reply.  Cease and desist with demanding money from the party you now know is not liable in law.   

I suggest you consult SCS Law because you have failed to properly (or at all) interpret the period to transfer liability to a driver.  Helpfully, you can learn from SCS Law's legally qualified staff, who published a properly considered article for the BPA about what it means to 'begin proceedings' (transfer liability):

http://portfolio.cpl.co.uk/Parking-News/395/26/  

I will counter-claim for a sum not less then £500 for harassment and data misuse alongside my defence, should you not discontinued the claim file against me now that you and they know who the driver was.

yours faithfully, 

Please I need your thought on this, so I can send them both today please.  As no body answered me. 

KeithP

Eminowa said:

@KeithP. I filed it on Thursday 9pm, which would be class as next day Friday the 21st

Then you've lost three days. Not the end of the world.

Having filed an AoS on Friday 21st May, you have until 4pm on Friday 18th June 2021 to file your Defence.

Fruitcake

Your letter looks reasonable to me, but I have no legal training. People generally only listen to me when I'm wrong. 

Eminowa

Coupon-mad said:

Not just silly., NOT part of the POFA.  Unlawful to demand more than the POFA requires. 

 Your wife properly transferred liability, so she has no liability.  Counterclaim.

As you and your client are aware that i was not the driver of the vehicle in all issued PCN's you have outstanding against vehicle Smxxxx, i want to make it clear that you and your client BWlegal will face a counterclaim of no less than £500. This is on the basis that you are knowingly harassing and processing the data of the wrong person, without reasonable cause (breaching KADOE as well as the DPA 2018).

After providing the name and serviceable address of the driver, your client BWlegal are asking for a signature from myself and the driver. This is not part of POFA.  its unlawful to demand more than the POFA requires. 
I have giving you and your client 14days to either transfer liability to the driver and withdraw the county court claim or I will be  Counterclaiming £500 for harassment and discrimination of a disable person.