BW legal AGAIN

Stefo14

Hey everyone, just looking for some advice. I’ve been reading all discussions on here about BW but I cannot find anything relating to my issue with them. So long story short a car I bought back in June 2018 received a parking fine before I bought it the seller said he’d pay it obviously he didn’t do it got passed over to BW who then added their famous £60 on top. Cut to March 2019 the seller sent them paperwork and I never heard from BW again at all! Until, this month I received the “you have until so and so to pay us or it’s CCJ”. It’s been three/four years since they last contacted me! The first letter I got I emailed them back straight away and they never replied I then went into their portal and all the evidence I had sent in back in 2019 had been completely wiped! I then got the second letter dated 22/11/22 but received it 8 days later!! 

How do I go about this? I am so stressed with it all and for them to just pop up threatening me out of the blue is disgusting! 

Coupon-mad

 I never heard from BW again at all! Until, this month I received the “you have until so and so to pay us or it’s CCJ”. 

What letter exactly? One that tells you they've filed a county court claim already, and a CCJ is near, or is it a Letter before Claim demanding £160?

Which parking firm?

Mouse007

This should be easy, you have the date of the PCN (it's NOT A FINE) and you have the date you acquired the vehicle (Check your V5C). What are those dates?

Stefo14

Coupon-mad said:

 I never heard from BW again at all! Until, this month I received the “you have until so and so to pay us or it’s CCJ”. 

What letter exactly? One that tells you they've filed a county court claim already, and a CCJ is near, or is it a Letter before Claim demanding £160?

Which parking firm?

It’s the letter before claim and it says Link Parking Limited.

Stefo14

Mouse007 said:

This should be easy, you have the date of the PCN (it's NOT A FINE) and you have the date you acquired the vehicle (Check your V5C). What are those dates?

This is where it got messy. The fine was given around 5am I think and I bought the car later that day and the seller failed to admit he’d got a fine, I have texts and time stamps to prove he said he’d pay it after I sent it off to him but cut to now it’s obvious he didn’t! I have asked DVLA for some clarification not sure if they have it but worth a try.

Mouse007

Who buys a car at 5am?

How did you pay for the car? cash or bank transfer?

Coupon-mad

Stefo14 said:

The fine was given around 5am I think and I bought the car later that day and the seller failed to admit he’d got a fine, I have texts and time stamps to prove he said he’d pay it after I sent it off to him but cut to now it’s obvious he didn’t! I have asked DVLA for some clarification not sure if they have it but worth a try.

This is EASY!

You are at LBC stage and must urgently reply to the LBC attaching proof that the driver and keeper from the material date has agreed this is his liability.  And his name and address and contact phone number is (give his name and POSTAL address, and his phone number as you have texts).

End by stating that this communication is more than sufficient to transfer liability to the driver in accordance with the POFA 2012 schedule 4 and you don't expect to hear any typical parking industry Roboclaim lying crap that it is "too late" to provide the driver's name and address because it isn't. The law says transfer from keeper to the driver can take place 'before action commences' which the BPA's Parking News has confirmed is the natural interpretation = before a court claim.

As their clients now know the driver's name and address they must NOT contact you again.

1505grandad

As already advised please do not refer to it as a "fine" in any communications  -  you will not find that word in any of the ppc's correspondence.

Stefo14

Thanks for the messages guys, so I emailed them again and forwarded my previous email that was ignored so that was nearly two weeks ago now and I apparently had until the 6th December to pay the amount yet I’ve still not heard anything back them no calls no emails no letters as of yet anyway. So they’re either arranging the court date as we speak or are ignoring me again. Either way, no contact after another two weeks is not okay! We will see.

Coupon-mad

They can't 'arrange a court date'.  That's not how a court claim works.

You are at LBC stage and a robust reply usually shuts them up for at least a month, sometimes many months.

And in your case, their next step is to contact the driver if you followed my advice and supplied the guy's name and postal address?

It should be all over and you won't be contacted.