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Empireday

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Everything posted by Empireday

  1. Empireday
    Thanks EB, plain English. I obviously wrongly assumed that anything over 6 years old couldn't be acted on at all. Thanks for everyone's comments and time taken to give me advice.
  2. Empireday
    Dx, yes I am reading your posts properly, I am also reading Dragon fly's posts. I have always denied the "debt" I haven't moved house or mentioned changing address. So one of you is saying "yes of course they can try and take you to court and one is saying if they do then they have no chance and would get into trouble for trying. See what I mean?
  3. Empireday
    So, all joking aside, there really isn't anything they can do "court wise" and even if they tried they could get into trouble. Thanks guys. Will be back on if they try to pursue it further.
  4. Empireday
    So, all joking aside, there really isn't anything they can do "court wise" and even if they tried they could get into trouble. Thanks guys. Will be back on if they try to pursue it further.
  5. Empireday
    So they can still try and take me to court and would still have a case even though it's over 6 years old? Would any court stand that?
  6. Empireday
    Hi everyone, it is now 6 years since the alleged "offence" took place. I still haven't received any court letters from BW legal (on behalf of VCS). Am I correct to think that there is now nothing they can do, even if they wanted to? Thanks
  7. Empireday
    Any more news guys? The clock is ticking on this one and on my case.
  8. Empireday
    I was just looking at recent posts EB, obviously I wasn't aware of the stuff you are referring to. They are still trying to harvest low hanging fruit by the looks of it then? In a way I hope they try to take me to court so that it's another defeat for them, but on the other hand I just want them to p off. The clock is ticking, it's up to them.
  9. Empireday
    Now February, not heard anything from BW since September. I've not noticed much from BW being reported on this site recently either. Wonder if vcs have worked out that they are incompetent and not worth instructing anymore?
  10. Empireday
    Liddy, I have never suggested sending any letters to anyone? I do not feel qualified to offer any advice on these matters.
  11. Empireday
    What were the details on the defeated claim Ericsbrother?
  12. Empireday
    Music to our ears. I really can't see how they can expect to win if they do take my case to the small claims court either. Pre 2012 I'm sure they don't have a leg to stand on.
  13. Empireday
    Still not heard anything from them since September. The clock is ticking. No way that I will yield to blackmail and spurious claims.
  14. Empireday
    Thanks Ericsbrother and Silverfox for your advice so far. I just really want the scrounging so and so's to go away.
  15. Empireday
    BW legal have now resoponded. "The balance remains due and owing to our client. Please be advised that our client does not rely on the POFA 2012 Our client under no circumstances accepts any liability to pay all fee schedules, damages or any other monies to you. In light of the above, our client has instructed us to commence county court proceedings. However if you want to avoid the above proceedings please contact our helpful team to pay the balance owed." Is this classed as a letter before court? The "offence" happened in 2011 so of course they don't rely on POFA 2012. Surely even though they accept no liability for any monies owed to me, its not up to them, it would be up to the court to decide. Any thoughts from anyone? Is it worth replying to them. Thanks in advance
  16. Empireday
    Do you think my letter is ok Ericsbrother?
  17. Empireday
    this is my reply to the latest letter in which they refer to Elliott v Loake. Dear Sirs, I acknowledge receipt of your letter dated xxxxx reference number xxxxxx Please note that I am replying because I was the registered keeper of the vehicle in 2011. The alleged charge is from 2011 which is before the PoFA 2012 was enacted and therefore action can only be taken against the driver. The keeper has no liability whatsoever You refer to the case of Elliott v Loake (1982). This was a criminal law case and has no relevance in this matter. In Eliott v Loake the appeal judge ruled that the appellant was the driver because of ample evidence that he was the driver. Your client has shown no evidence I was the driver, and cannot, because I wasn’t. Your client cannot “presume” that I was. Your client has a lack of cause for action and if you proceed with this vexatious claim I will of course seek a full costs recovery order under CPR27 and that will include all of my preparation time at £19 per hour Lets see what they think of that.
  18. Empireday
    Just a quick update on the above thread, I sent a letter back stating that I was indeed the registered keeper and I certainly was not liable for the "debt". They have responded by saying " as the details of the driver have not been forthcoming they reasonably presume that I was the driver and refer me to tho case of ELLIOTT v LOAKE (1982)". Any thoughts about the next step guys? They say that they will "take our clients instructions to continue through the county court process". Should I reply or just wait for court papers?
  19. Empireday
    Thanks Silverfox. Any thoughts on what I should do if LBA or court papers do arrive. Do I just send a letter saying no contract was entered into and that I would like to see what proof they have that the registered keeper was actually the driver? Thanks.
  20. Empireday
    Hi everyone, I'm a new user and was just wanting advice please. My car was ticketed by VCS whilst on a business park in 2011. I have never replied to any of the threatening letters that were sent out by Roxbrough etc. I assumed that the claim had been dropped but today I received a letter from BW legal. I know that anything over 6 years old is unenforceable and they are probably just "chancing" it. Would you advise getting a defence ready in case they take it to the court? Would I be able to use the defence that they cannot prove who was responsible for parking the car? Thoughts please, thanks in advance.

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