Bw legal no transfer of liability

MrHindsight · 24 May 2019 at 5:50PM

Hello all,

I’ve 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
Napier’s letter saying the account has been passed onto BW legal
BW legal’s 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 I’ll need to contact the DVLA to see why I’m 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 I’ll continue to search the forum to see if there’s anything similar

Guys_Dad · 24 May 2019 at 5:57PM

I always get a confirmatory letter from the DVLA when I sell a car. Where is yours?

MrHindsight · 24 May 2019 at 6:29PM

Having sent off the V5C and moved address within the same week I could have missed the letter OR the DVLA didn’t get my letter

Regardless the new owner / driver at the time of alleged contravention is a colleague so getting a signed letter won’t be an issue.

But I’m assuming I’m still the RK seeing as how Napier and BW legal have sent me the letters

Fruitcake · 24 May 2019 at 8:09PM

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.

waamo · 24 May 2019 at 9:14PM

If you had the ticket from Napier it is them you need to inform.

Coupon-mad · 24 May 2019 at 9:37PM

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.

MrHindsight · 25 May 2019 at 12:28AM

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.

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)

I’ll try to email them to let them know they should “rectify” the name let’s see how that goes and take it from there as suggested thanks!

Coupon-mad · 25 May 2019 at 12:45AM

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.

The_Deep · 25 May 2019 at 9:17AM

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.

Quentin · 25 May 2019 at 9:27AM

MrHindsight wrote: »

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. ....

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!

The_Deep · 25 May 2019 at 9:51AM

Were you there when the breach occurred? If not, how do you know who was driving?

Bw legal no transfer of liability

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