PCN from PPM at rental residence

Coupon-mad

"Please be advised in order to request a transfer of liability to the driver of the vehicle, we require a signed statement by both yourself and the driver, confirming their liability for the contravention. "

Oh yeah? ... nice try BW Legal!  We were not born yesterday!

I'd say the keeper must reply (NOT YOU) and say:


Dear Sirs

Your ref xxxxxxxxxx

Come on, you are meant to be professional lawyers. Stop trying to trick innocent people into 'confirming their liability for the contravention'.  You are having a laugh. This isn't cricket, you know...

I have transferred liability in accordance with the POFA so stop lying to me and the driver that there is an imaginary cut off period.  The POFA allows transfers of liability right up until a court claim is issued and specifically states that an operator cannot hold a keeper liable once the driver's name and address is known.

I suggest you return the file to your client to reissue the PCN to the driver at the original rate (as required by the current Code of Practice) and allow the driver time to consider the notice and appeal.

square_coaster

  A brilliant response as ever, @Coupon-mad! I will ensure the keeper fires off this email riposte forthwith!

square_coaster

Frustratingly they've replied with exactly the same request, so the keeper has reminded them that confirmation of liability is not necessary for transfer of liability to the driver. Ho-hum, the back and forth continues...

D_P_Dance

Might the SRA be interested in thus?  I am sure that this firm  are not held in the highest  regard.

KoalaMSEF

Same boat as you (we are new owners with no idea about the scam as this is never the case in Scotland where we used to live) re. Parking & Property (despicable), MA (malicious beyond useless in our case), and threatening letter from bwlegal. We are waiting for Letter of Claim/Letter before Claim (LBC) from bwLegal, which we expect to receive in November. We are writing Letters before claim for fun and as an exercise to get the particulars ready, and will send them out when they are done. 

I think you get in touch when you receive Letter of Claim, which they said they would send if you don't pay the extortion in their initial letter. 

square_coaster

D_P_Dance said:

Might the SRA be interested in thus?  I am sure that this firm  are not held in the highest  regard.

I had also considered this, as myself and the keeper have yet to reach out to them. I feel there's quite a lot already that would make for a good report, so will think that option over during this weekend.

@KoalaMSEF I do hope your resolution is more straightforward and wish you the best in your pursuit to fight back against these leeches.

square_coaster

@Coupon-mad

Unfortunately this back and forth has continued - the keeper has responded twice now over the last 3 months with your last suggested reply, yet still they are left with this:

"As previously advised, we require a signed statement confirming the details of the driver on the date of contravention in order for a transfer of liability to be actioned.

On receipt of this, we will put this to our Client for their consideration. Please be advised, should you fail to provide the requested statement, our Client is legally entitled to pursue you, as the Registered Keeper of the vehicle, under the Protection of Freedoms Act 2012. "

It doesn't seem like they're trying to get the driver to confirm liability here, but I can't be certain. What do you suppose?

Coupon-mad

Either:

- Send them a statement signed by THE KEEPER stating the name & address of the driver

or

Ignore them and let them sue the keeper for which the keeper would have a perfect defence.

square_coaster

Coupon-mad said:

Ignore them and let them sue the keeper for which the keeper would have a perfect defence.

Thanks for your ongoing support. My concern with this latter option is that the keeper wouldn't want to take it to court, so likely would fold if it got to that stage.

For the former signed statement, this could just be a written signed note attached to email correspondence to P&P?

Coupon-mad

No just an email. Why do you think anyone has to sign a note? The keeper just transfers liability. Job done.