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  • FIRST POST
    • ojloverman
    • By ojloverman 4th Dec 17, 5:07 PM
    • 12Posts
    • 1Thanks
    ojloverman
    Conkai Secuity / BW Legal - how to reply next
    • #1
    • 4th Dec 17, 5:07 PM
    Conkai Secuity / BW Legal - how to reply next 4th Dec 17 at 5:07 PM
    Hello all,
    So I have been duly following instructions from this forum, but now have reached a point where I'm not sure what to do next.

    Background
    A car that I am registered keeper of was allegedly parked without a valid ticket/permit on 7th April 2016 in Kingston Court, Oxford.

    On 18th August 2016 a letter arrived from Conkai Security demanding payment of £100 for the alleged parking contravention. Having searched the forums, I rebutted this letter mentioning POFA and that as the keeper I am not liable due to the 56 day window expiring (NTK arrived 133 days after alleged contravention).

    The next correspondence I received was from a debt collection agency, requesting payment. I rebutted with more information from the forums, denying the debt and and also pointing our their data protection contravention by selling on the keeper details what I am not liable. The letter I sent is on MSE thread: t=5566898 (it won't let me post a link?)

    I heard nothing then until BW Legal dropped me a letter on 9th November asking for £100 + £60 legal fees and a stipulated 16 day reply period. Then on 17th November, before I had had a chance to reply to the first letter, a "final notice" arrived, threatening with Count Court proceedings and referring to a letter sent 18th October.

    I replied to the "final notice" letter pointing out their obvious administrative error. Following a template found on here (I believe gan). I denied the debt. I pointed out that I was not the driver and under POFA they cannot hold me liable. I also point out Elliot v Loake is not applicable in this case. I also threaten them with complaint to CSA and SRA due to them trying to mislead me over £60 legal fees.

    I have now received a response from BW Legal. I will give the highlights below:
    • Client does not intend to rely on POFA
    • My position on Elliot v Loake is noted, however they maintain position on relevance of case and in absence of driver details presume I am the driver
    • Client also intends to rely on Combined Parking Solutions v AJH Films 2015. The employee/employer liability case
    • £60 legal fees are reasonable. Payment of these fees forms part of Ts&Cs which 'were agreed by you by parking in the Car Park'. In support of this Claimant intends to rely on Chaplair v Kumari 2015
    • Final comments about disclosure of details as the RK and a statement from the DVLA (weird as I have never mentioned DVLA!)

    So I have 14 days to respond to this. My understanding from having a look online is that Elliot v Loake is not applicable due to it being a criminal case, with overwhelming foresic evidence. Similarly CPS v AJH is not applicable as this an employer/employee liability case, not the same here.

    My question is how to respond to this letter? Do I remind them again of my position of EvL; and also why I think that CPS vs AJH is not applicable? I guess that this is eventually going to end up in court?

    I cannot remember who was the driver at the time, it may have been some friends who borrowed my car on short term insurance from cuvva. Though, I presume it is BW Legal to prove who the driver was and I have to disclose nothing? What are the chances of the judge going on 'balance of probabilities' that I was the driver?
    Last edited by ojloverman; 04-12-2017 at 5:13 PM. Reason: added a link
Page 2
    • Coupon-mad
    • By Coupon-mad 29th Jan 18, 11:42 PM
    • 58,374 Posts
    • 71,904 Thanks
    Coupon-mad
    Court claim forms also ask for 'income & expenditure' on one page, and people defending a claim in full DO NOT fill that bit in.

    Come on, read it properly (as I said to my best friend when she cried down the phone about a claim form, and was planning on begging the aggressive claimant and filling in the income & expenditure guff like some sort of weak victim)! Not a parking case, but she won.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • ojloverman
    • By ojloverman 3rd Feb 18, 6:09 PM
    • 12 Posts
    • 1 Thanks
    ojloverman
    Sorry to bump this thread, but I replied via email with an amended reply to the Letter of Claim I received.

    Email is my usual method of response to these cowboys (I don't find them worth the cost of a stamp) however they have always responded to my emails via post. However this time (for the first time) they sent this as an email response to my reply

    Good afternoon

    Thank you for contacting BW Legal, before we are able to reply to your email, we need you to confirm some security questions which we have specified below.

    1.Please complete your full name;

    2.Please provide first line of your address and postcode;

    In addition, please confirm one of the following:

    !!!8226;Parking Charge Notice (PCN)Number

    !!!8226;Date of the contravention

    !!!8226;Place of the contravention

    !!!8226;Vehicle registration

    !!!8226;Make & Model of the Vehicle

    Once we receive a response to the security questions, it will then enable us to provide you with a response to your email.

    Kind Regards,

    BW Legal
    Am I correct in presuming I do not have to reply to this email and need not supply them with any details? Many thanks again for all your help
    • pappa golf
    • By pappa golf 3rd Feb 18, 6:16 PM
    • 8,706 Posts
    • 9,308 Thanks
    pappa golf
    data protection ,

    give your name and address (they already have it)

    give the PCN number (they already have it)


    would you like them handing your data to anyone?
    Save a Rachael

    buy a share in crapita
    • ojloverman
    • By ojloverman 5th Mar 18, 6:58 PM
    • 12 Posts
    • 1 Thanks
    ojloverman
    So I am just bumping this thread to keep you updated of the goings on with farcical BW Legal and, as usual, ask advice on next move

    I sent a rebuttal to the LOC as advised on the forum. Putting together a few different pieces I read on here. BW Legal responded with a letter saying

    We are putting your account on hold whilst we speak to our client
    Great I thought. They've finally realised they have no basis for a claim and I won't be hearing from them again. But today I got another letter from them.

    It's exactly the same as the first letter I received. A word for word copy with only the dates changed. Do I need to respond to this?
    • Coupon-mad
    • By Coupon-mad 5th Mar 18, 7:02 PM
    • 58,374 Posts
    • 71,904 Thanks
    Coupon-mad
    Yes send a copy of your previous reply, attached to a short sarcastic email...

    ...or you can refer BW Legal to the Parliamentary debate you will have read about here last month (no links from me, it's all over the forum in February - go and read about it, and how robo-claim solicitors were named and shamed, if you are not sticking around and reading threads every few days, which I believe someone about to face a court claim, should be!).

    BW Legal have no idea what stage these robo claims are at, becase they have a handful of solicitors and deal with several MILLION claims, all at the same time. Lots of template letters flying around.
    Last edited by Coupon-mad; 05-03-2018 at 7:04 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • beamerguy
    • By beamerguy 5th Mar 18, 7:12 PM
    • 7,519 Posts
    • 10,008 Thanks
    beamerguy
    So I am just bumping this thread to keep you updated of the goings on with farcical BW Legal and, as usual, ask advice on next move

    I sent a rebuttal to the LOC as advised on the forum. Putting together a few different pieces I read on here. BW Legal responded with a letter saying

    Great I thought. They've finally realised they have no basis for a claim and I won't be hearing from them again. But today I got another letter from them.

    It's exactly the same as the first letter I received. A word for word copy with only the dates changed. Do I need to respond to this?
    Originally posted by ojloverman
    YUP just what we know about BWLegal
    "The left hand has no clue what the right hand is doing"

    They are just a joke ...... work on the first letter and
    forget their stupidity.

    Just shows how low cal they are
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
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