Excel PCN 2012 - now BW Legal letter - advice required please

[Surfinjim]

Hi all, first post and looking for advice/plan of attack.

 

Parking Notice relates back to 15 May 2012. I was registered keeper but not using the vehicle at the time (I was in bed after a night shift!)

 

The car park in question is free for 1 hour and no option to pay. The notice relates to an over stay.

 

The original paperwork from June 2012 showed photo evidence of the vehicle, but no image of the driver. I don't have this anymore. binned it 6 months ago thinking this had gone away.

 

BW Legal are now involved and I've sent them one denial letter. I did state I was going to complain to the CSA and SRA but got sidetracked and didn't get round to it.

 

BW have responded with 2 letters.

 

1 dated 31 Oct. The main point being

 

"We can confirm that our client does not intend to rely upon the Protection of Freedom Act 2012. as such we do not accept your assertions regarding payment.

 

In the absence of driver details we are instructed to recover the suns due from you".

 

The second letter looks to be a bog standard Final Notice letter dated 2 November.

 

They have tried to call me once, but ignored it.

 

 

Would be grateful for advice on my next actions and pointers to any CSA and SRA templates if needed.

 

In this case, I genuinely wasn't the driver!!!!

 

Thanks in advance

Edited November 16, 2016 by Surfinjim

[silverfox1961]

Hi and welcome to CAG.

PoFA is not relevant in this case as it was before the Act came into force so you are under no obligation to name the driver and they are prohibited from chasing the keeper on the assumption they were the driver.

 

I have seen a few of these recently and BWL are trying their luck with old cases in the hope they get someone to pay up.

 

As you have sent them one letter, I suggest you continue ignoring them unless a letter properly stating Letter Before Action or court papers turn up

[martin2006]

Wait for the parking guys to pop in.

[silverfox1961]

Wait for the parking guys to pop in.

 

What was you saying on the other thread about being Fast Fingered Freddie.

 

Sorry OP

[Surfinjim]

Hi and welcome to CAG.

PoFA is not relevant in this case as it was before the Act came into force so you are under no obligation to name the driver and they are prohibited from chasing the keeper on the assumption they were the driver.

 

I have seen a few of these recently and BWL are trying their luck with old cases in the hope they get someone to pay up.

 

As you have sent them one letter, I suggest you continue ignoring them unless a letter properly stating Letter Before Action or court papers turn up

 

I was going to reply back and tell them my original letter stood and to stop harassing me. The letters to CSA and SRA I've seen on the t'internet but can't find now when I want to use them.

 

Thanks for the reassurance though.

[ericsbrother]

as long as you havent indicated who was driving at the time they are going nowhere with this. They will get fed up of wasting money writing to you soon, as for phone calls, if it is to a mobile you can block them and report to your service provider as spam

[ericsbrother]

forgot to say, you have siad your piece and that can be used against them if they are stupid enough to want to take it further. they wont because one of the parking world's greatest solicitors tried that and used Elliot v Loake as case precedent to claim keeper ad driver the same and were laughted out of court will a full costs order for being malicious.

[martin2006]

What was you saying on the other thread about being Fast Fingered Freddie.

 

Sorry OP

 

Bugger!!

[dx100uk]

Don't write any more nor complain..

Await poss claumform

[Surfinjim]

Don't write any more nor complain..

Await poss claumform

 

Coincidentally a further attempted call from them this morning!!!

[ericsbrother]

block number and report as spam marketing