Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • MrHindsight
    • By MrHindsight 24th May 19, 4:50 PM
    • 3Posts
    • 1Thanks
    MrHindsight
    Bw legal no transfer of liability
    • #1
    • 24th May 19, 4:50 PM
    Bw legal no transfer of liability 24th May 19 at 4:50 PM
    Hello all,

    Iíve taken a look at the newbie sticky & searched for forums for something similar to my case, I would not have made this thread otherwise, so would greatly appreciate any and all help.

    I received a letter on the 14/05/19 from both Napier and BW legal
    Napierís letter saying the account has been passed onto BW legal
    BW legalís letter saying That as no payment or appeal had been made within 28 days from the date of the parking charge notice. I have 16 days to make payment before claiming to make a county court claim.

    Unfortunately I emailed BW stating that I am not driver and would like to transfer liability - stating the name and address of the driver I then called them up to chase the email up, I was told because no one made an appeal in the 28 days that I the registered keeper am liable, I requested verbally evidence of the alleged contravention, so waiting for that in the post.

    Funny thing is I sold the vehicle and told BW legal I had sold the vehicle a month prior to the contravention, looks like Iíll need to contact the DVLA to see why Iím still the RK

    So my question is do I bring the DVLA into this get a letter signed letter from the new owner saying the vehicle is under their name
    OR
    Treat it as im not the driver as that would make things more complicated.

    Hope to hear what the best course of action is
    And Iíll continue to search the forum to see if thereís anything similar
Page 1
    • Guys Dad
    • By Guys Dad 24th May 19, 4:57 PM
    • 10,852 Posts
    • 10,334 Thanks
    Guys Dad
    • #2
    • 24th May 19, 4:57 PM
    • #2
    • 24th May 19, 4:57 PM
    I always get a confirmatory letter from the DVLA when I sell a car. Where is yours?
    • MrHindsight
    • By MrHindsight 24th May 19, 5:29 PM
    • 3 Posts
    • 1 Thanks
    MrHindsight
    • #3
    • 24th May 19, 5:29 PM
    • #3
    • 24th May 19, 5:29 PM
    Having sent off the V5C and moved address within the same week I could have missed the letter OR the DVLA didnít get my letter

    Regardless the new owner / driver at the time of alleged contravention is a colleague so getting a signed letter wonít be an issue.

    But Iím assuming Iím still the RK seeing as how Napier and BW legal have sent me the letters
    • Fruitcake
    • By Fruitcake 24th May 19, 7:09 PM
    • 39,844 Posts
    • 88,837 Thanks
    Fruitcake
    • #4
    • 24th May 19, 7:09 PM
    • #4
    • 24th May 19, 7:09 PM
    Find out from the DVLA if they have received the change of keeper notification. If so, find out when it was received.
    Also ask who requested your keeper details and when. Get it all in writing.

    You need proof from the DVLA that you were not the keeper at the time of the alleged parking event. You can then send that to the scammers as proof that you are not liable.

    How did you know beyond doubt, or even on the balance of probabilities that the person you named as the driver was actually driving the vehicle at the time of the alleged event? Unless you were there at the time you can only state the identity of the new keeper.
    However, giving someone else's personal data info to a third party may have been a breach of the DPA/GDPR.

    You should warn your colleague that they may get demands for money from the scammers as a result and tell them not to reveal the driver's identity but to come here if that happens.
    By giving the scammers his/her details you have potentially thrown them under the tram if you can prove you were not the keeper at the time. They could not have got your colleague's information any other way as they can only ask the DVLA once for keeper details.
    Last edited by Fruitcake; 24-05-2019 at 7:20 PM.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • waamo
    • By waamo 24th May 19, 8:14 PM
    • 6,867 Posts
    • 9,191 Thanks
    waamo
    • #5
    • 24th May 19, 8:14 PM
    • #5
    • 24th May 19, 8:14 PM
    If you had the ticket from Napier it is them you need to inform.
    This space for hire.
    • Coupon-mad
    • By Coupon-mad 24th May 19, 8:37 PM
    • 73,762 Posts
    • 85,945 Thanks
    Coupon-mad
    • #6
    • 24th May 19, 8:37 PM
    • #6
    • 24th May 19, 8:37 PM
    Unfortunately I emailed BW stating that I am not driver and would like to transfer liability - stating the name and address of the driver I then called them up to chase the email up, I was told because no one made an appeal in the 28 days that I the registered keeper am liable,
    They lied.

    You WERE in time to give the name & address of the driver...was this the name & address of the new keeper then?

    Send an email to Napier's Data Protection Officer (see their PRIVACY PAGE for that email contact) telling them to RECTIFY the 'driver' and 'keeper' data to the person you named to BW Legal. Give that name and address again, and tell them you are the wrong party as you were neither the driver nor the keeper and the DVLA have been contacted as they shouldn't have given out your data because that car was sold on xx.xx.18 and the V5C slip was sent to the DVLA.

    And email back to BW Legal explaining the above AGAIN and telling them as the debt is fully disputed (as you are neither driver nor keeper and Napier have been informed to rectify their data) they MUST revert to their client and not proceed to court.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • MrHindsight
    • By MrHindsight 24th May 19, 11:28 PM
    • 3 Posts
    • 1 Thanks
    MrHindsight
    • #7
    • 24th May 19, 11:28 PM
    • #7
    • 24th May 19, 11:28 PM
    I was in time to give them the correct name and address of the driver ?

    So just to confirm itís absolutely fine that I had given the details of the driver after the 28 days that Napier had given ? I didnít tell them the driver was also the new keeper, only that I had sold the vehicle 1 month prior to whatís shown as the contravention date.

    In Hindsight I should have come here before sending off the email saying the name of the driver (I contacted the new owner and he confirmed it could have only been him driving)

    Iíll try to email them to let them know they should ďrectifyĒ the name letís see how that goes and take it from there as suggested thanks!
    • Coupon-mad
    • By Coupon-mad 24th May 19, 11:45 PM
    • 73,762 Posts
    • 85,945 Thanks
    Coupon-mad
    • #8
    • 24th May 19, 11:45 PM
    • #8
    • 24th May 19, 11:45 PM
    Yes, this was in time, exactly as I said.

    You need to do two emails, and the Napier one goes to the DPO email address and I told you how to find that, and told you what to say (use my words because terms like 'rectify data' are straight from your rights under the GDPR).

    AND YOU NEED TO ALSO GET THE PROOF FROM THE DVLA AS PREVIOUSLY ADVISED.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • The Deep
    • By The Deep 25th May 19, 8:17 AM
    • 13,560 Posts
    • 13,923 Thanks
    The Deep
    • #9
    • 25th May 19, 8:17 AM
    • #9
    • 25th May 19, 8:17 AM
    Whatever the dodgy solicitors may say, it you did not own the vehicle ar the time the alleged BOC took place any legal action on their part would be futile. A counter claim for wrongfully obtaining your details from the DVLA might however fly.

    Nine times out of ten these tickets are scams so complain to your MP.

    Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.
    You never know how far you can go until you go too far.
    • Quentin
    • By Quentin 25th May 19, 8:27 AM
    • 39,385 Posts
    • 23,376 Thanks
    Quentin
    I was in time to give them the correct name and address of the driver ?

    So just to confirm it’s absolutely fine that I had given the details of the driver after the 28 days that Napier had given ? I didn’t tell them the driver was also the new keeper, only that I had sold the vehicle 1 month prior to what’s shown as the contravention date. ....
    Originally posted by MrHindsight
    So frustrating when newbies get advice either individually as in this case or from the FAQ then want us to confirm that advice is correct!

    You can see how busy this forum is.

    Pages of new posts daily.

    Imagine how much busier it will be if everyone needs confirmation of everything like this!

    Were you wasting a solicitor's time with unnecessary questions that had already been answered then you'd get the bill for it!
    Last edited by Quentin; 25-05-2019 at 8:30 AM.
    • The Deep
    • By The Deep 25th May 19, 8:51 AM
    • 13,560 Posts
    • 13,923 Thanks
    The Deep
    Were you there when the breach occurred? If not, how do you know who was driving?
    You never know how far you can go until you go too far.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

305Posts Today

3,665Users online

Martin's Twitter
  • So how much work do I actually do on the MSE weekly email these days, now I?m in the exhaulted position of ?Executi? https://t.co/b8XWxPiUwn

  • Dear gumtree - I feel I've been sold a kipper. You're advertising has my face on it but I don't do adverts. If yo? https://t.co/kJAuziloOM

  • RT @MoneySavingExp: ????This chap ????@MSE_GuyAnker is responsible for delivering MSE's Weekly Email to 14 million people, 52 weeks of the year.?

  • Follow Martin