BW Legal threatening legal action.

[Mikkas1982]

Hi everyone, I’m new here so please go easy! My wife received a PCN from Britannia Parking in December 2019.
Obviously I contested the parking charge on my wife’s behalf and now they are sending myself debt collector letters and threatening court action.
I’m just after a bit of advice wether I should take this to court (if it actually gets that far) as A, despite several requests for photographic evidence clearly showing the driver they just have the same grainy image showing nothing much more than the outline of the car and zoomed in image of licence plate and B, are they actually allowed to take to court a person who wasn’t the actual driver or even the owner of the vehicle? (My wife was the owner but we’ve since sold the car).

I haven’t advised BW Legal that I’m not the owner as I believe it to be their mistake and would rather withhold this information until if court proceedings are started.

The apparent debt we owe is £160 which I think is disgusting as the hourly rate for parking is around £1.30ph.

Any advice anyone could give is greatly appreciated!!

[ostell]

So are you the registered keeper (at the time)? They are allowed to claim from the keeper of the car if they don't know the identity of the driver, BUT they have to jump through the hoops of POFA http://www.legislation.gov.uk/ukpga/...dule/4/enacted Without a windscreen ticket then paragraph 9 is of interest..

So post up the first letter you received, suitably redacted but leave dates.

Has the driver at the time been identified* Yes or No

It's not unknown for them to chase the wrong person.

*

[Mikkas1982]

Hi, thanks for your response OSTELL.
My wife was the keeper of the vehicle at the time (not myself) of the alleged penalty, however as I contacted Britannia Parking to contest the fine on her behalf they have since made all further letters addressed to myself.
Now, BW Legal are doing the same.

Obviously I would rather they chase me for this rather than my wife but hoped that if this did go to court then this ‘technicality’ may have helped.

No, driver has not been identified.

I’ll hunt out the original letter sent ASAP and post it up on here, with personal information retracted.

Thanks again.