VCS BW Legal Notice from (July 2012)

[defendent]

Hi Everyone,

New here!

I too have received a letter from BW Legal regarding a case from July 2012.
The driver of the vehicle had failed to display a ticket. (time of stay being 10 mins i believe)

So far I have ignored all the letters demanding money based on advice on many forums. However, this time I believe I should reply based on other threads. However, my situation is different, as the driver had not actually paid for a ticket?

Can someone advise what I need to do next?

Thanks in advance!

[mystery1]

Re: VCS BW Legal Notice from (July 2012)

Edit to suit












Dear BW Legal,




I write in response to your final notice which i take to be a letter before action dated 20th June 2016, the contents of which are noted.






As the pre action protocols expect us to exchange sufficient information to understand each others position please forward to myself the original parking charge notice and a picture of the signs at the location as well as the operators contract which allows them to operate at the site (or indeed confirmation they own the land in question).




As well as the information already requested please answer the following questions :-


What type of car park is it ?


What contravention gives a cause of action ?


Who contravened your rules ?


Who you are pursuing ?



Not only will this information help comply with the pre action protocols it will also help achieve the over riding objective.



Having done some research on your claims i request that if you ignore my requests for information that your claim complies with




CPR 16




Contents of the claim form
16.2
(1) The claim form must –
(a) contain a concise statement of the nature of the claim


Contents of the particulars of claim
16.4
(1) Particulars of claim must include –
(a) a concise statement of the facts on which the claimant relies;






Practice direction 16




Other matters to be included in particulars of claim




7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.




Practice direction 22


Who may sign the statement of truth
3.1 In a statement of case, a response or an application notice, the statement of truth must be signed by


(2) the legal representative of the party or litigation friend.




3.7 Where a party is legally represented, the legal representative may sign the statement of truth on his behalf. The statement signed by the legal representative will refer to the client’s belief, not his own. In signing he must state the capacity in which he signs and the name of his firm where appropriate.


3.9 The individual who signs a statement of truth must print his full name clearly beneath his signature.


3.10 A legal representative who signs a statement of truth must sign in his own name and not that of his firm or employer.






Practice direction 7E




Signature
10 Any provision of the CPR which requires a document to be signed by any person is satisfied by that person entering their name on an online form.



I would note that this was before keeper liability come in to force and state that i was not driving.


I await your response.




Yours sincerely








Send via email if possible.




M1

[defendent]

Re: VCS BW Legal Notice from (July 2012)

Thanks for the immediate response.
I am happy with that and do not see the need to change it. Can I just confirm that this sentence of yours is correct?

"Having done some research on your claims I request that if you ignore my requests for information that your claim complies with"

I will email it as soon as I have response.

Thanks in advance

D

[mystery1]

Re: VCS BW Legal Notice from (July 2012)

Yes. They don't usually comply and it's part of a set up to stuff them when they repeatedly fail to comply with court rules and instruction (sadly usually this is just in costs).

M1

[defendent]

Re: VCS BW Legal Notice from (July 2012)

Great!

I plan to just send this as an email rather than as an attached PDF in an email. This shouldn't be an issue should it?

D

[mystery1]

Re: VCS BW Legal Notice from (July 2012)

Wouldn't have thought so.

M1

[defendent]

Re: VCS BW Legal Notice from (July 2012)

Great!, email sent.
Time to play tennis now?

Thanks for your help. Will keep this thread updated.

D

[ostell]

Re: VCS BW Legal Notice from (July 2012)

Does the fact that this is pre POFA not come into play in your letter ? This could be a compelling reason for not continuing if they do not know the name of the driver. Or will this be brought in later?

[mystery1]

Re: VCS BW Legal Notice from (July 2012)

I would note that this was before keeper liability come in to force and state that i was not driving.

We would, if they issued a claim, put them to strict proof of who was driving in any event. (note i even copied verbatim and didn't change come to came )

M1

[defendent]

Re: VCS BW Legal Notice from (July 2012)

I tried to find exact date of PoFA too.. but couldn't find anything.

P.s. has anyone here had any success from fighting back?
As I am yet to come across this?

D

[mystery1]

Re: VCS BW Legal Notice from (July 2012)

1st October 2012

Plenty success both pre court (initial appeals, popla appeals, IAS appeals(less so but a few wins),) and once court cases have started (mainly they gave up but some have been decided by a judge).

Not everyone wins but the percentages are greatly in the motorists favour unless you take in to account those who just pay which is probably a very high percentage of all tickets. But for those who care more about their money and pride than just handing it to anyone who chances their mitt ...

M1

[defendent]

Re: VCS BW Legal Notice from (July 2012)

Thanks for the reply M1.
That gives me hope to carry on fighting.

No reply as yet, maybe the long weekend. Hope to hear from them in 2 days time.

D

[defendent]

Re: VCS BW Legal Notice from (July 2012)

Hello Everyone,

Finally had a reply from BW Legal. As expected they haven't answered the questions we asked. Attached is their reply.
Is this the right time to write in my reply that "the incident took place before the POFA" ?

Thanks in advance.

D

[mystery1]

Re: VCS BW Legal Notice from (July 2012)

Unless you changed my letter, we already told them and we stated you weren't driving.

Their comments that you say you may have purchased a ticket, where have they got that from ?

M1

[defendent]

Re: VCS BW Legal Notice from (July 2012)

Hi,

Apologies, for some reason my reply didn't get posted.

Nothing was changed from your letter apart from the dates. Either they are playing dumb, to catch us out, or they really are daft. I am not sure where they got the tickets business from either. As no ticket was ever purchased by the driver?

Thanks

D