Not sure which approach we should have to this BW Legal letter

Coupon-mad

Well if they are writing to an address you'd prefer they don't use, the company could reply and state the proper address for service and state that no NTK was received, so you require a copy of it and to be told the source of the address data used.  DVLA or?

lola-909

Ok - so you think that as the car in question indeed belongs to the company who were sent the letter that we shouldn't ignore it. And just to ask why they have not sent either a NTK or the original PCN and why they are presumably just going to companies house and not to DVLA? We can also ask for photo evidence, and of the signage they refer to in the letter which they believe was clear. 

lola-909

Dear

Ref etc as per their letter

 This notice has been forwarded to me today to the admin department from the registered office address of the company stated.

The debt collection letter you have sent does not provide evidence of where the NTK was sent and/or the original PCN.

As neither of these have been received we were unable to look at the claim of ‘unauthorised’ parking and the signage and position of the car which you say was parked.

Please therefore provide the photographic evidence which you have relied upon to issue a PCN, evidence of when and where the NTK was posted, and confirm where you got the registered office address which you have used in this correspondence. As you are aware a company is not the same as either a keeper or driver. Thus you need to show that you have contacted either in relation to the alleged contravention.

Please also confirm in your evidence the entry and exit times of the alleged contravention where you state the vehicle was parked.

Without this information at the outset we were unable to review and appeal within the timescale and we still reserve the right to appeal if you cannot show that the PCN and NTK was properly advised and enough notice was given to contest it.

Once I have this information I will be able to confirm if we believe it was correctly issued.

The added costs must be removed as we have never entered into agreement with you to pay administrative fees particularly as they relate to what appears to be a failure to provide a NTK in a prompt and reasonable timeframe.

Coupon-mad

Looks good but are you not changing the address to stop them using it?

This bit makes little sense, so remove it:

As you are aware a company is not the same as either a keeper or driver. Thus you need to show that you have contacted either in relation to the alleged contravention.

lola-909

thanks Coupon Mad  - I will edit that part out. I want them to show where they sent the NTK because if they had contacted the DVLA then they would have had the correct address. So I just want to wait for their evidence without indicating where the NTK should have gone.

The keeper address is also the admin address for the company. We do get forwarded post if it goes to the reg office address but that won't be held by the DVLA so I'm expecting they will admit they never sent the NTK. 

lola-909

actually I have just noticed something - they don't even mention a NTK was sent. So I think I can just nip it straight in the bud - here's the paragraph - 

lola-909

and here is my short proposed reply - does this look right. 

This notice has been forwarded to me today to the admin department from the registered office address of the company stated.

You mention a PCN but no NTK. No PCN was attached to the vehicle. NO PCN has been received by post nor a NTD.

As you know a NTK must be sent within 14 days of of the alleged contravention and as the alleged date of the PCN was 25th November, the date to send the NTK has expired.

this ‘PCN’ is voided therefore so do not pursue us for any debt collection relating to it.

Coupon-mad

It's OK as a starter for ten to make them reply, but the charge isn't void.  The 14 days isn't set in stone.

lola-909

should I remove the void bit - mention the lack of NTK and send and see if they then send evidence ?  What are the rules for Private land? 

lola-909

If they talk about a reduced payment option surely they must send notice of the PCN within a time schedule to pay at a lower rate? ACtually they don't even mention a reduced payment option only that we did not appeal which obviously we couldnt do as had no knowledge of the PCN. I think they're supposed at least to contact the DVLA aren't they - and as they used the reg office address they obviously didn't. And they're claiming all the TandC were on the PCN (which we don't have) and on signage which a driver would have to enter the  area to read and leave so by entry alone it would not be unauthorised.