Parking & Property Management and BW Legal harassing me!

BWLegalParkingScam

Le_Kirk said:

Thanks for confirming that the name and address of the driver is known to you. The driver has been cc'ed in this email and has confirmed with evidence that they have reached out on the <REDACTED>. 

What does this mean?  Does it mean that they contacted the Parking Company?  I think you should say so.

Yep, this means that the driver has emailed the parking company. This was after their arbitrary 14 day deadline where the driver was waiting for communication from the parking company. As they had not received it, they sent an email stating that they were the driver. This has since been ignored, and the parking company then came back after the keeper.

Coupon-mad

Such a load of tosh, and repeated by a legal firm who should know better. 

BWLegalParkingScam

Is there a legally accepted definition of "known" when referring to the drivers name and address?

I would have assumed that passing on the name and address are sufficient. Why are they demanding that the driver acknowledge within a certain timeframe (assuming this is just part of their scummy tactics)?

Ridiculous that they have now asked for boarding passes to prove they were in the country, but previously no communication was sent. Do you think it makes sense to ask the driver to submit a data request to Parking & Property Management to see if they do have a letter on file that they sent. They seem to keep a copy of all correspondence, so they should have this, or is that a waste of time?

Also, why do Parking & Property Management refuse to deal with this matter anymore? They keep saying I need to deal with BW Legal as it is with them now. Surely, it is still their responsibility as they shouldn't have passed on my details once they have the details of the driver. Technically, It's not my problem to deal with that they have passed on details is it?

Sorry, just ranting a bit out of frustration!

Fruitcake

I don't know if there is a legal definition of known, but courts operate on what the "man on the Clapham omnibus" (the average person) would think, and the balance of probabilities (greater than 50%) no matter how great or small the difference.
The keeper supplied the contact details of the driver.
The driver confirmed they were the driver. Presumably the name you provided was the same as that of the person who admitted to being the driver, therefore I would suggest the man on the Clapham omnibus would believe on the balance of probabilities that the identity of the driver was known by the PPC before they started proceedings.

I think perhaps a complaint to the SRA is in order as a solicitor's first duty is to the court. Proceeding with a claim when they know the defendant is the wrong person must surely be a breach of the SRA's CoP or whatever system they use, as well as being vexatious and a waste of the court's time, and an an abuse of the litigation process.

Coupon-mad

Ridiculous that they have now asked for boarding passes to prove they were in the country, 

Jeez. They are calling you a liar.

This is hugely data intrusive to the driver and the whole stance is aggressive and unacceptable.

Please be confident. We know what we are talking about. The driver's name and address is known and they must leave you alone. 

BWLegalParkingScam

I managed to get a copy of the letter they allegedly sent to the driver. The address and name on it are misspelt and do not match the details I sent them. If they did actually send it, then this would explain why they never received the letter.

They still have my name on file as the person liable for the PCN. Should I just sit and wait for them to file a claim and then file a counterclaim for harassment?

I saw a couple of other threads where this has happened and wondered if I should expect a similar process. Here's an example where the counter claim for harassment was successful.

https://forums.moneysavingexpert.com/discussion/6040768/pcn-driver-not-registered-keeper-dcbl

BWLegalParkingScam

When the driver called them out on the driver's address being wrong, P&PM have said that there was a PCN on the windscreen which is simply not the case.

Fruitcake

BWLegalParkingScam said:

When the driver called them out on the driver's address being wrong, P&PM have said that there was a PCN on the windscreen which is simply not the case.

It's irrelevant anyway. The PoFA allows the keeper to transfer liability to the driver as long as a court claim has not yet begun.
As said before. You provided the driver's name and address for service. The driver confirmed their name and address for service. PoFA transfer of liability satisfied, so the keeper cannot be held liable.

Did you complain to the SRA?

Did you complain to the IPC?

Have you complained to the landowner and your MP?

BWLegalParkingScam

Fruitcake said:

BWLegalParkingScam said:

When the driver called them out on the driver's address being wrong, P&PM have said that there was a PCN on the windscreen which is simply not the case.

It's irrelevant anyway. The PoFA allows the keeper to transfer liability to the driver as long as a court claim has not yet begun.
As said before. You provided the driver's name and address for service. The driver confirmed their name and address for service. PoFA transfer of liability satisfied, so the keeper cannot be held liable.

Did you complain to the SRA?

Did you complain to the IPC?

Have you complained to the landowner and your MP?

100% Agreed that it's not relevant to PoFA.

I haven't complained yet, but I am trying to collect more evidence for my counterclaim and complaints. I am trying to get the following

1. Evidence of sending a letter to the driver - I've received this and it has the wrong address on it, the address I have provided them over email is correct
2. Evidence of denying transfer of liability based on address - I have this in writing and I am also getting a transcript of the calls we have had sent from BW Legal
3. Evidence of arbitrary deadline and not respecting knowing a driver before proceedings - This should be covered by the emails and transcripts

Hopefully, with multiple repeat offences, I can collect a strong set of evidence for my counter claim and complaints, especially when it comes to misguiding and harassment.

BWLegalParkingScam

Hello all,

Sharing an update about a letter of claim received from BWLegal.

The address they sent it to (the address in the V5) is no longer where I live. I have now moved abroad and want to ask BWLegal to remove the old address as it is embarrassing to receive these letters at that address. I feel like they will force me to provide them with a UK address, but I do not have such an address in the UK anymore. Do I need to legally have one?

I had a look at the metadata of the digital copy of the PCN reminder sent to me and the driver. The PCNs sent to me have no created at or modified at dates. However, the one sent to the driver were (according to the metadata) created around 5 mins before they were sent over email and modified around 4 minutes before. This makes me feel that I wasn't sent the PCN to the driver for ages because they never had one, and then when pressed on it, they created one quickly but put down the wrong address by accident. Should I push them and say that if the metadata is correct, it indicates fraud/falsifying documents? Should they legally have evidence of having sent the letter?

My plan is to now contact them to:
1. Remind them of the drivers details, that there was a transfer of liability and that they have now made contact with the driver (as evidenced by responding to the drivers SAR).
2. Tell them "I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017."
2. Tell them I have changed my address, provide my new non-UK address. Ask them to erase the old address they have on file.
3. Tell them to send all correspondence to me also digitally as letters overseas take time to arrive.
4. Ask them why the created at and modified date are only a few minutes before sending over and not before the date they were allegedly sent to the driver.
5. Ask them if they can provide evidence that the letter was sent to the driver.

Does this sound sensible?