IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.
BW Legal - No parking fine letters received
Comments
-
Equifax is what BW Legal said they used to get the correct address.
Keepers licence is for the correct address. They've tracked the keeper's name through the credit site as keeper's log book is still in the old address. Keeper is currently in the process of getting a new one sent out so the correct address can be put on as the original was lost in the post, hence why the first letters from VCSL went to the old address and weren't received by the keeper.
I've also changed the header, I didn't realise I'd miss-spelled. Thank you
0 -
More importantly, we hope you have read the NEWBIES thread post #2 and threads about BW Legal because you will need to defend a claim this year - that's an experience for you to prepare for.
We win 99% of the time, BW Legal are shocking with evidence. As an example, you can read Lamilad's own thread about how he beat them by clicking on his username. Everyone else using a forum defence and following the forum guidance properly, filing a WS & evidence in good time before the hearing etc., has also won.
So, get reading the NEWBIES thread first and no ringing BW Legal - you need to see this for what it is, a robo-claim which will proceed and for you to defend. Yes you have a defence, unremarkable unlit signs don't form a contract if they are not prominent and you can't see them, for a start.
Don't admit who was driving. I hope you didn't, when you asked for letters/photos.
And finally, have you now updated your address on your V5 (not your driving licence, your car's V5)? You can get a real fine from the DVLA for not doing that, you know!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 THREAD0 -
I'm doing as much research as I can and reading up on everything. And thank you, I'll have a read of Lamilad's thread.
Keeper called BW Legal stating that evidence was needed of the original letters from VCSL as keeper had never received anything. The person on the other end of the phone was pretty useless and couldn't give keeper a time frame of when copies would be received. Keeper never admitted who was driving, Keeper just said how is keeper expected to know if never received anything in the first place.
I have also contacted DVLA who have directed me to the form needed to request a new logbook as it seems my old one with the address change request was lost in the post. This will be posted Monday.
I have also drafted a letter to them just in case I need evidence for court that I have tried to resolve the matter.
Dear BW Legal,
Your Ref VCS/
re: Vehicle Control Services Limited Acc: VC
I note your Letter dated 1st March 2017, received 5th March 2017.
I deny any debt to your client and require further information in writing.
You cannot presume that I am in possession of all the documents referred to in your letter and I require a copy of the Notice to Driver and Notice to Keeper to inspect so that I can make an informed decision. Please send copies of these and any documents that will be produced in the event of your threatened action, including copies of all photographs taken and evidence of the contract itself (clear evidence of the terms on the signs at the time). Correspondence from Vehicle Control Services Limited regarding account number: VC
have never been received and therefore knowledge of this matter was unknown until your letter dated 1st March 2017. Therefore the opportunity to respond within 28 days has not been given. This was stated to your call centre assistant by telephone on the 11th March 2017. The call centre assistant was also told that three emails to yourselves had been sent and not responded to. I have contacted DVLA with regards to the address associated with the car.
In order to understand my legal position, I also require the following information:
1. Is your client's intended action funded on a contractual charge, a breach of a contract or trespass?
2. What is the basis of the additional £60 charge?
3. If it is for legal services, has your client already paid it?
When I receive the documents and your answers I will be in a position to make a more detailed response and as such, it would be wholly unreasonable and vexatious to proceed in the small claims track at the present time.
Yours Faithfully
Does this read well?0 -
Keeper just checked my credit report and they're listed on report looking up keepers details on the 27th February 2017. Surely keeper must consent for them to do this?0
-
To avoid confusion it's best that you refer to yourself as 'the keeper' and the driver (whoever that was) as 'the driver'.
Review you posts esp #3, #10, #14 and edit as needed to make them clearer.0 -
I have also drafted a letter to them just in case I need evidence for court that I have tried to resolve the matter.
Dear BW Legal,
Your Ref VCS/
re: Vehicle Control Services Limited Acc: VC
I note your Letter dated 1st March 2017, received 5th March 2017.
I deny any debt to your client and require further information in writing.
You cannot presume that I am in possession of all the documents referred to in your letter and I require a copy of the Notice to Driver and Notice to Keeper to inspect so that I can make an informed decision. Please send copies of these and any documents that will be produced in the event of your threatened action, including copies of all photographs taken and evidence of the contract itself (clear evidence of the terms on the signs at the time). Correspondence from Vehicle Control Services Limited regarding account number: VC
have never been received and therefore knowledge of this matter was unknown until your letter dated 1st March 2017. Therefore the opportunity to respond within 28 days has not been given. This was stated to your call centre assistant by telephone on the 11th March 2017. The call centre assistant was also told that three emails to yourselves had been sent and not responded to. I have contacted DVLA with regards to the address associated with the car.
In order to understand my legal position, I also require the following information:
1. Is your client's intended action funded on a contractual charge, a breach of a contract or trespass?
2. What is the basis of the additional £60 charge?
3. If it is for legal services, has your client already paid it?
When I receive the documents and your answers I will be in a position to make a more detailed response and as such, it would be wholly unreasonable and vexatious to proceed in the small claims track at the present time.
Yours Faithfully
Does this read well?
I'm not sure i see the point in sending this letter. You don't really need the info you're asking for and it doesn't discuss any proposed resolution.
My experience with BWL is more around court process than debt recovery stage so others may advise differently but if I was going to write to them I would keep it short and to the point, simply denying the debt. I would include a section 10 notice at the end which would read something like this:
"You should consider this a Section 10 Notice which gives you 21 days to respond or I will make a complaint to the ICO. Further, if you and/or your client continue to process my data I will seek damages for distress for this continued data protection contravention. Vidal-Hall v Google [2014] EWHC 13 (QB) establishes that misuse of personal data is a tort and that damages for a breach of the DPA could include non-pecuniary damage. The case of Halliday v Creation Consumer Finance Ltd [2013] All ER (D) 199 provides authority that a reasonable sum for compensation would be £750 so you may consider yourselves and your clients on notice of my intention and the distressing effects on me, of your data mishandling."
Perhaps wait to see what other's say as contacting debt recovery agents is not always advised.0 -
I've just checked my credit report and they're listed on my report looking up my details on the 27th February 2017. Surely I must consent for them to do this?
I'll say again, how by checking on your credit report can they match to your reg number.
The credit report system is as flawed as the DVLA when it comes to the release of data
Do as Lamilad says.
BWLegal had no reason to access your credit file and data.
In their minds there is a debt but only a judge will decide that and when you win, yes, it's all guns blazing to the ICO0 -
It seems to me that BW Legal have received notification from your old address that you are not known there and that's what has prompted them to use a credit search agency. I'm sure that it would have been in their interest to have continued to harass you at the wrong address with the awareness that they could probably get away with a default win at court, seeing as you would be none the wiser !0
-
I agree with Lamilad, I think the letter asking for stuff is too generic, it's been floating around far too long and gets nowhere.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 THREAD0 -
Been to carpark today, it is run by Excel and signposted by Excel, therefore BW Legal should not be chasing the keeper for a debt on behalf of Vehicle Control Services Limited when the supposed parking contract was with Excel? Is this correct?0
This discussion has been closed.
Categories
- All Categories
- 343.2K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.2K Work, Benefits & Business
- 608K Mortgages, Homes & Bills
- 173K Life & Family
- 247.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards