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VCS + BW Legal

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  • jlwood92
    jlwood92 Posts: 6 Forumite
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    I didn't receive anything to the correct address, VCS or BW Legal have no idea of my correct address.

    The only reason I know about any of this is because I get on with my neighbour and they passed the letter on to me.

    Does this change anything?
  • Coupon-mad
    Coupon-mad Posts: 131,749 Forumite
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    No, nothing has changed. Even if you'd received the silly PCN it would never have been cancelled because the entire industry is sloshing in money and VCS don't cancel.

    Of course you must also respond to BW Legal. You would learn so much more from other threads which show umpteen examples of what to say & do with BW Legal letters, this has been done to death and we are struggling to keep up, can't re-write the same old advice on every single BW Legal thread every time.

    Sorry - but you will see what I mean when you search the board for BW Legal!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • jlwood92
    jlwood92 Posts: 6 Forumite
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    Coupon-mad wrote: »
    No, nothing has changed. Even if you'd received the silly PCN it would never have been cancelled because the entire industry is sloshing in money and VCS don't cancel.

    Of course you must also respond to BW Legal. You would learn so much more from other threads which show umpteen examples of what to say & do with BW Legal letters, this has been done to death and we are struggling to keep up, can't re-write the same old advice on every single BW Legal thread every time.

    Sorry - but you will see what I mean when you search the board for BW Legal!

    Okay, well for now I have sent a second email as some stated above and will see if/when they reply.

    My email simply said:

    "You already have all the details you need and no more information will be provided.

    If you do continue to harass me, I will report you to the SRA."
  • yotmon
    yotmon Posts: 484 Forumite
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    jlwood92 wrote: »
    I didn't receive anything to the correct address, VCS or BW Legal have no idea of my correct address.

    The only reason I know about any of this is because I get on with my neighbour and they passed the letter on to me.

    Does this change anything?

    Sorry, I read it as they had sent something to your old address and once you had moved, they used your neighbours address.

    As mentioned previously, you need to confirm what address the DVLA supplied to VCS. If it was the correct address (old one prior to moving) then they will claim that they sent a NTK (hard to disprove). But, if they were supplied with the wrong address, then in my mind they have failed to serve their NTK within the allotted 14 days.
    As long as the mistakes are someone elses (VCS/BWL/DVLA) and not your own, then this stands in good stead for your defence. If this is the case, then VCS can only blame the DVLA for supplying wrong information (as long as you supplied the DVLA with the correct info) and they need to bow down gracefully. Unfortunately, BWLegal will be on a roll and will continue to send you letters which will ultimately threaten court.

    Have a good read of the Newbies threads to understand what PPc's are required to do to hold the keeper liable. Plus, follow other advice given, especially by Coupon Mad. Gather as much evidence as you can just in case you end up having to defend it. And whatever you do, do not identify the driver !
  • McOfson
    McOfson Posts: 34 Forumite
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    BW legal called me today on my mobile.!!?? How did they get my number? I am at the 2nd letter stage from them the £54 parking eye v bevis , "may" be likely to be liable type letter. I'm going to send the denial of debt template letter. Anything else I should be doing? Thanks in advance
  • Coupon-mad
    Coupon-mad Posts: 131,749 Forumite
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    edited 11 October 2016 at 6:04PM
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    Forbid them from contacting you by anything but letter and tell them you will now be charging £19 per hour (the litigant-in-person court rate) for your wasted time in dealing with a charge that they are fully aware was NEVER served in time by their client at any known correct address for you. If you were not driving, say so in every reply.

    This is a matter with no known PCN and no letters served, due to the wrong address, being a random unproven allegation from an operator which does not use the POFA 2012 statutory wording. So you can say it would be unreasonable and vexatious to proceed to court against a registered keeper under these circumstances.

    You should conclude by giving them 21 days to remove your data (all details of you and the car and all addresses) and cease processing it. Tell them to consider this a Section 10 Notice under the DPA (to them and their client together) and if they fail to respond accordingly, then you will proceed with a complaint to the Information Commissioner in the first week of November, about their misuse of data and flouting of the DPA principles.

    Oh, and please join the campaign to complain to your MP about this, and Mrs May, this week if you can as the Government (DCLG) are looking at the private parking sector and possible changes:

    http://forums.moneysavingexpert.com/showthread.php?t=5524754&page=6

    We - I'd say most posters here and most who agree on this issue within the BMPA, of which I am a member - are calling for far stronger action than was considered after the Beavis case almost a year ago. Things have become so much worse with 'credit clamping' and robo-claims from the likes of BW Legal that (for a start, even though VCS nor Excel use it) Schedule 4 'keeper liability' should be repealed and other steps taken to ban this conduct and stop unfair charges.

    It is time aggressive parking companies were stopped (not regulated, stopped, like clampers were, certain behaviours made criminal). The greed has engulfed them and consumers need a 'country that works for everyone' as the Government likes to trumpet. This industry is so rotten it has disappeared up itself but right now it is dragging ordinary people down too.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • hoohoo
    hoohoo Posts: 1,717 Forumite
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    As coupon mad says.

    Once you write forbidding them to contact you by phone, they can no longer do this. If they do, record it, and then file a complaint with the Credit Services Association.
    Dedicated to driving up standards in parking
  • catfunt
    catfunt Posts: 624 Forumite
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    If McOfson is NOT the OP (jlwood92) with a new username, then he/she should start a new thread and not add to this one.

    Could lead to confusion.
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