Parking & Property Management and BW Legal harassing me!

BWLegalParkingScam

Hello all,

I have read the sticky for newbies, but unfortunately too late and may have now put myself in a difficult situation. I'll lay out the context and timeline of events and if anyone could share their thoughts on the best approach, that would be great. I appreciate the time spent in sticking it to the scummy parking companies. Never have I spoken to such infuriating people on the phone.

Context

1. I (Person A) lent my car to a family member (Person
2. Person B is based overseas (Outside EU)
3. Person B parked the car in another family members (Person C) parking bay with their permission
4. Person C has a tenancy contract that states the parking bay is theirs and mentions no sign of a permit required

Timeline of events

1. Person A received a PCN
2. Person A tried to transfer liability to Person B (with address outside EU)
3. Parking & Property Management said they would contact Person B and believe them to be the driver
4. Parking & Property Management claimed to have reached out to Person B, but no letter was received
5. After 14 days, Parking & Property Management have come back to Person A saying that they are now responsible
6. Person B then reached out to Parking & Property Management via e-mail stating they were the driver
7. Parking & Property Management are saying it's too late and that Person A needs to pay
   
8. Parking & Property Management have now handed over to BW Legal to chase up
   
9. BW Legal have sent a letter before claim
10. BW Legal refuse to transfer liability to Person B as they don't have a UK serviceable address
11. BW Legal and Parking & Property Management now refuse to acknowledge the primacy of contract due to Person C owning the bay
12. Person C is now contacting the property managers asking to waive the PCN, but they are not responsive

I can afford to pay the fine but refuse to do so out of principle of the parking bay technically being ours. I also do not live in the UK anymore and would like to resolve this before it goes to court as I do intend to visit the UK occasionally and may even move back in the future.

What do you think we should do next? Can we get this shut down without going to court?

Please let me know if there are any missing details or if you have any questions that would help you form your thoughts!

BWLegalParkingScam

Looks like some text got converted into an emoji!

The first point under context should read
1. I (Person A) lent my car to a family member (Person B ) 

Coupon-mad

Send a final email to BW Legal, visibly 'cc' copying in your constituency MP, stating again the name and address of the driver and the dates that this transfer was communicated to their client.

Quote the POFA 2012, where it says a keeper can only be held liable if the parking firm does not know the name and address of the driver BEFORE ACTION COMMENCES and attach/link also, this article in Parking News by SCS Law on what it means to 'begin proceedings' (transfer liability). They confirm the obviously correct legal interpretation:

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

Finish by saying this is causing immense distress, wasted time and anger, and if they continue to put their fingers in their ears and pretend the law doesn't apply to them and keep unlawfully processing your data and demanding money you do not owe, should they file a claim you will:
 
(a)  counterclaim for not less than £300 for harassment (actionable breach of the Protection from Harassment Act 1997) and breach of the Data Protection principles (DPA 2018) and the CPUTRs (misleading actions)

And

(b)   You will report BW Legal to the SRA for breach of professional standards by appearing from their letters to be trying to mislead a registered keeper about the law re liability.

Coupon-mad

By the way can you show us the full string of refusals to transfer liability?

Cover your ID but we'd really like to see the untruths allegedly being spouted by the PPC and their roboclaim dogs.

If you can show here, the full letter/email exchange (suitably redacted of names) I will show it to Government whilst I still have their ear.

This sort of case study is great evidence.

This sort of thing (plus recordings of bullying and misleading phone calls if you can get one - please try ONE more call and record it on another phone or device !) is exactly the evidence needed to put before the DLUHC as they are being forced to do yet another Public Consultation this Summer about the added false court-claim-fuelling £70 add-on that roboclaim firms pocket.

fisherjim

OP please follow CM's advice she knows what she is talking about

BWLegalParkingScam

Thanks for your replies @Coupon-mad and @fisherjim!

I have attached an image of the letter where they confirm they have received the name and address of the driver (Person B ). I would expect at this point that they should remove my (Person A) details from their systems according to POFA.

There is then an image from BW Legal about the fine being handed over to them, still addressed to Person A.

I don't think I have any other written confirmation about the driver details, neither does Person B. When I asked Parking & Property management (P&PM) if they had any evidence of actually having sent a letter, they said they sent the letter but don't have evidence. They said they do not do recorded deliveries, so they don't tend to have any evidence.

I asked how Person B will be able to reply if they haven't received anything stating how to accept the transfer of liability, and they just said they should have received a letter, and without a reply to it, they can now come after the keeper according to POFA. I then mentioned that Person B had emailed them and is trying to work out how to transfer liability, and they have said that since it is now with BW Legal and it is too late to transfer liability. I don't have this in writing though as it was over the phone.

Coupon-mad

Those letters don't help; we (and you) need evidence of their behaviour refusing to transfer liability and lying that it is 'too late'.

Can you please do the recorded phone call I asked for? You want to record BW Legal misleading you, if they do.

Please then show us that recording and I will show Government.  And YOU can then use the recording attached to your follow up email reply that I wrote for you already.

Then you can show your evidence to the SRA.

fisherjim

IPC COP section 3.1 K

https://theipc.info/resources/brandings/brandmedia_2_Code-of-Practice.pdf

I believe you discharged your liability it's not your fault their process has thus stalled.

Fruitcake

Can person B not post a letter and send an email to the PPC and their solicitors, confirming that they were the driver on the material date, and confirm their overseas address? 

Castle

Fruitcake said:

Can person B not post a letter and send an email to the PPC and their solicitors, confirming that they were the driver on the material date, and confirm their overseas address? 

And enclose a copy of the NTK which person A, (the RK), has passed to them as proof.

BWLegalParkingScam

Fruitcake said:

Can person B not post a letter and send an email to the PPC and their solicitors, confirming that they were the driver on the material date, and confirm their overseas address? 

This was sent to P&PM, over email by Person B, after their 14 day deadline had passed. They rejected it and now claim it is with BW Legal and out of their hands. I will try and get this in writing or recorded on a call as suggested by @Coupon-mad

I have had a reply from the property manager, and they have sent an email to P&PM asking to cancel the PCN. I will probably wait for a reply to that email before I follow up with P&PM or BW Legal to get evidence of their refusal to transfer liability.