Wright Hassall - Formal Letter Of Claim

[Jayden]

Hi all,

I received a Formal Letter of Claim from Wright Hassall on behalf of a friend who was driving the vehicle at the time, after parking in an overground station and overstaying his time due to the car battery dying out and having to wait on someone to come and jump start it.

I have been appealing constantly stating that I was not the driver at the time but they continuously told me it was my responsibility as I am the registered driver. They are now asking for £196 or they might have to take me to court apparently.

I'm not sure whether to contact them or ignore or even contact the station itself. I have proof from a couple months prior and after of recovery vehicles coming to jump start my battery due to its faulty nature.

Any help would be appreciated

Kind Regards

[charitynjw]

Re: Wright Hassall - Formal Letter Of Claim

Hi Jayden & welcome to LB.
[MENTION=49370]Kati[/MENTION].......would this be one for M1?

[Jayden]

Re: Wright Hassall - Formal Letter Of Claim

Hey

Thank you for the prompt reply.

[ostell]

Re: Wright Hassall - Formal Letter Of Claim

Registered Driver? Sure about that? No doubt Registered Keeper. As this is railway land and therefore covered by byelaws then they cannot use POFA to hold the keeper liable.

Check if byelaws are in existence there and if so write back to them stating that there can be no keeper liability under POFA as this is not relevant land for the purpose of the regulations. The only defendant can be the driver, who you will not be naming. The driver will use the defence that there was a frustration of any contract that is alleged.

[Jayden]

Re: Wright Hassall - Formal Letter Of Claim

Yes registered keeper sorry.

So you're saying to write back to them stating the above and still not giving away the actual drivers name?

Is the defense that the car battery is worn not good enough?

I'm not experienced at all in drafting letters to these sorts of firms, are their any templates or drafts out there you could offer me please?

Thanks again

[mystery1]

Re: Wright Hassall - Formal Letter Of Claim

Which station ?

If it is indeed a byelaw case then i would unequivocally name the driver. The byelaws allow 6 months to penalise and i doubt that this is within 6 months.

M1

[Jayden]

Re: Wright Hassall - Formal Letter Of Claim

Finchley Central Station, North London, an NCP run car park by the way.

So they would drop the case entirely or drop the price down to initial?

Kind Regards

[mystery1]

Re: Wright Hassall - Formal Letter Of Claim

The byelaws are http://content.tfl.gov.uk/railway-byelaws.pdf

They probably wouldn't drop it. However the break down (battery), Byelaws and the fact they have been told who was driving (if you do so) would all have significant problems for any case brought.

M1

[Jayden]

Re: Wright Hassall - Formal Letter Of Claim

Once again, Thank you very much for the help its greatly appreciated.

So you would reccomend me writing to them in letter or email at this stage explaining the above and naming the driver and his address and way to contact him again etc? and that should be significant enough for them to at least lower the cost down to the initial for him or scrap it entirely ?

Kind Regards

Jayden

[mystery1]

Re: Wright Hassall - Formal Letter Of Claim

They won't lower because of anything. If you want to negotiate just ask them "to avoid an expensive and time wasting court case"

Use email to send communications as it's cheaper, quicker and more reliable.

They have severe problems if they fancy court.

M1

[Jayden]

Re: Wright Hassall - Formal Letter Of Claim

Is there any chance you have a quick link to a draft email or sample I could adapt for myself and send out ?

Kind Regards

[Jayden]

Re: Wright Hassall - Formal Letter Of Claim

anyone able to help at all?

Would be greatly appreciated.

Regards

[mystery1]

Re: Wright Hassall - Formal Letter Of Claim

Assuming the ticket was more than 6 months ago ...



Send a request for further information to BW Legal.












Dear BW Legal,








I, as registered keeper, am in receipt of your formal letter of claim.




I was not the driver at the material time.


In order to try and narrow down the issues, and in accordance with the pre action protocols and the over riding objective please answer the following :-


1. Are you claiming i was the driver or registered keeper ?
2. Is the claim a contractual penalty or trespass ?
3. Is your client using the byelaws ?




Further i would like copies of you contract with the landowner which allows you to operate, the contract you claim the driver agreed to and the notice to driver and/or keeper.


Having seen some examples of your court claims i remind you that if you do file a claim that it should comply with the civil procedure rules and in particular :-






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.






Further the particulars of claim are signed BW Legal services limited which is a clear violation of cpr.








CPR 22








Documents to be verified by a statement of truth
22.1
(1) The following documents must be verified by a statement of truth –
(a) a statement of case






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.






Yours etc








M1

[Jayden]

Re: Wright Hassall - Formal Letter Of Claim

Wow, I'm not sure you realise how greatly appreciated this help is.
I will send it off within the next day or two.

It doesn't mention anything regarding the battery though nor the proof I have of the cars faulty and unreliable condition at times?

Can't thank you enough.

Kind Regards

[Jayden]

Re: Wright Hassall - Formal Letter Of Claim

Bump