VCS/BW Legal

[DanAnuzis]

Hello

First of all I'm so, so sorry for starting up a new thread on this. I've done my best to read up on this but I'm struggling with all of the information.

I've attached the 2 letters we've received today, one from VCS Limited and the other from BW Legal, both in the same envelope.

Probably as with many of the other daft sods on here, we chose to blindly follow the advice of ignoring letters from VCS where the offer of payment shot up and down through several letters. Now they seem to have passed it off and the current cost stands at £154, and I expect the next letter to be a court request. We never contacted them at any stage and foolishly didn't keep anything.

My main concern is that the run of things has been in my wife's name who is the registered keeper of the car and she was not the driver at the time (can be proven as she was at work). I don't want any of this affecting her credit etc at the end of it but fear I've let this run for too long leaving me with few options.

Any advice would be greatly received. I think I know the likely outcome but just wanted to have one last grasp at straws before coughing up including contacting my old landlord in the hopes he'll drop it. Thanks or your time.

Dan.

[mystery1]

Re: VCS/BW Legal

A credit record is only spoiled if you lose then fail to pay within 28 days.

You do have the option of naming the driver, which if done before court proceedings are started eliminates keeper liability. However, the driver is in a far weaker position to defend than the keeper and they probably screwed keeper liability up.

I would get the keeper to write

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 ?


How is the £154 made up ?


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

In order to clarify matters from my side, i was not the driver at the time and i believe you have not fulfilled the statutory requirements of PoFA 2012


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 await your response.


Yours sincerely





Send via email if possible.




M1