VCS BW Legal Notice from (July 2012)

[mystery1]

Re: VCS BW Legal Notice from (July 2012)

Not much really. Bit of research on procedure, gather evidence together, keep an eye on other similar cases to get familiar with the process.

M1

[defendent]

Re: VCS BW Legal Notice from (July 2012)

Thanks M1.
You have been great help throughout the procedure and with the prompt responses!
Appreciate you taking the time out.

Ill keep updating on this forum on things develop.

Kind regards,

D

[defendent]

Re: VCS BW Legal Notice from (July 2012)

Hi All,

No reply yet from BW Legal.

But I have decided to get a head start on the research (as i have exams in December for ACCA and with work coupled together I wont get much time later on).

With regards to collecting evidence as suggested above, I am at complete lose. What am I suppose to show that will prove that I wasn't driving the car at the time? Bearing in mind that this was over 4 years ago. All I have is letters recently received from BW Legal linked to this case.

Furthermore I noticed that the last letter sent from BW Legal was sent by 2nd class, not recorded. Does this indicate towards them not having much hopes in winning the case and not likely to pursue court action? (wishful thinking)

Any help here will be appreciated!

Thanks!

D

[mystery1]

Re: VCS BW Legal Notice from (July 2012)

The fact is, it is not up to you to prove anything unless they manage to produce enough evidence to suggest to the court on the balance of probability they are correct.

For example, a judge is willing to accept that you being the registered keeper makes you more likely than not the driver. So the burden of proof shifts to you. You could have records, witnesses, travel documents, hospital records etc etc. What is enough to swing the pendulum of the balance of probability back to you ? Depends on the judge. Shouldn't take muc though.

Have a read of http://parking-prankster.blogspot.co...ladstoned.html for the Elliot v loake nonsense.

M1

[defendent]

Re: VCS BW Legal Notice from (July 2012)

Hi Everyone,

I am not sure why my replies sometimes fail on this forum.

Anyway, I have been trying to recollect my whereabouts on the date of contravention, and I now remember, that I was at a meeting for a charity presentation with my mates. However, as this was informal I am unable to provide evidence of my location.

Also, I was expecting a letter from court, however I have received another letter from BW Legal stating I have until 24/11/2016 to take advantage of the 40% discount? (not sure why they would offer this, because if they were certain to win, they wouldn't offer this generous discount?)

I have drafted the below reply


Dear BW Legal,


Thank you for your letter dated 8th November.


In the letter you have stated that a reply/letter was sent to me.
Please provide tracking number of this post as I have not received any reply to my last email.

Also, thank you for making the discounted offer for payment by 24th November 2016. However, I stand by my point in the below email, and as such I was not the driver, and do not have to disclose the information of driver.

Am I right in saying the last paragraph, as this happened on 26th July 2012 and therefore PoFA applies?

Kindest regards,

D

[mystery1]

Re: VCS BW Legal Notice from (July 2012)

PoFA applies from 1st October 2012. Not before.

Also PoFA doesn't require the registered keeper to name anyone. All it does is make the keeper liable if they get the ducks lined up correctly.

M1

[defendent]

Re: VCS BW Legal Notice from (July 2012)

Oh dear!

In this case I have no case?
I am not protected by PoFA as the incident took place before and I have no proof to show of whereabouts?

D

[mystery1]

Re: VCS BW Legal Notice from (July 2012)

Err, i think you mean, get in ya fecking beauty. The keeper, you, cannot be liable unless they can prove you were driving.

http://forums.moneysavingexpert.com/...&postcount=125 shows the issues for non PoFA cases for the parking company.

M1

[defendent]

Re: VCS BW Legal Notice from (July 2012)

Wow thanks for this!

I am glad I didn't send that reply to BW Legal!

I am shocked however to see they could bring the forums as evidence?

Also, what is the "bundle" stated at the beginning and what is WS?

D

[mystery1]

Re: VCS BW Legal Notice from (July 2012)

Bundles

https://www.lawgazette.co.uk/law/tri.../53898.article

WS = witness statement.

They can't just rock up at court with it without disclosing it at least 14 days prior as per the probable order of the court and in any event a forum thread only helps them if you stated you were driver but you haven't as far as i recall.

M1

[defendent]

Re: VCS BW Legal Notice from (July 2012)

Great. Thanks

This will come in handy to prepare my bundle.
Hope this all happens after my exam though!

D

[defendent]

Re: VCS BW Legal Notice from (July 2012)

Hi Guys,

Exams are done. Glad!
Recently received another letter from BW Legal.

I am thinking of sending the below reply. Is it ok to send this?

Hi,



I have recently received a copy of the letter, but no tracking number was provided for the letter which I said I didn't receive.

This is beginning to harass me, and I wish to go through the courts now.

Please proceed with your client's instructions. I am away however, till the 4th Jan 2017.



Kind regards,

[mystery1]

Re: VCS BW Legal Notice from (July 2012)

They are not in the habit of sending post by recorded or special delivery. There wouldn't be a tracking number.

M1

[defendent]

Re: VCS BW Legal Notice from (July 2012)

What I meant to ask is, is it right to say in my response, please proceed with court action?

[mystery1]

Re: VCS BW Legal Notice from (July 2012)

Nothing wrong with that.

M1