Letter of Claim from BW Legal

Which PPC are you dealing with, are they one which uses the POFA?

That is a standard BW Legal reply, didn't need typing/copying in another thread and you could have found it by searching for a short phrase from it.

All been discussed before and this can be rebutted by showing them you will rely on Excel v Smith (appeal case, not a precedent but persuasive from a Senior Circuit Judge):

As details of the driver have not been forthcoming to suggest otherwise, Our Client, in the absence of the driver's details, reasonably presumes that you were the driver and we refer you the recent Court of Appeal case of Combined Parking Solutions Ltd v AJH Films Ltd [2015]
this case, AJH Films had failed to provide details of the driver of vehicle on the day in question and as such it was concluded that as AJH Films had permitted the driver to use the vehicle, then they should be liable for charges incurred

You should also tell BW Legal that (either):

- you were not the driver and will be denying liability on that basis,

or

- you cannot be sure which driver it was, have no legal obligation under the POFA to name that person, or list possible drivers. But for the avoidance of doubt the balance of probabilities is in your favour, because more than one person uses that car and is insured to drive it (or any vehicle) and none of them would be acting on your behalf, when driving.