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Hello all,
I just signed up to this lovely forum for some legal assistance with some correspondence I received recently form the adorable BW Legal, who I can see are some relatively new and enthusiastic kids on the PPC scene. Let me explain...
A handful of years ago in the post-POFA2012 days I had a few inadvertent run-ins with PPC's and was also advising friends/family with regard to clamping outfits that were operating intensively in the area in the last few halcyon days of operations. I successfully got a few private parking tickets overturned for family and friends via POPLA when signage and confusion was the issue. I know that I personally obtained a couple by accident; one was paid off by my partner as County Court papers landing on the mat in her name (she was the registered keeper for that vehicle) freaked her our, despite the fact I was looking forward to turning up and challenging the case. I guess I can trace my interest in contract law and tort law back to these experiences... I am currently now studying a law degree part-time.
So, I was absolutely, positively certain that I did not leave any "charges" against my name unresolved from that time period (I actively refuse to use private car parks these days and will gladly walk 10-15 minutes for stress free, "free" parking). However, over the last 4 weeks I have received correspondence from BW Legal relating to an alleged incident from 2013. It relates to the car park I used to use back in those days. I won't name the outfit for the time being, save to say they're one of those rare beasts that own the land they operate on.
With regard to the correspondence from BW Legal, I've had the typical "First Letter" and "Final Notice" as many others have uploaded. I genuinely have no memory of the alleged incident or the final outcome other than that I was certain I resolved them all somehow and ejected all the knowledge of the cases from my head. More telling is, I haven't kept the paperwork relating to this one or any emails, with further makes me think I paid it off. I've changed bank since then so I cannot look up my payment history to see if I genuinely paid them off as I thought I had.
Now, I have since moved addresses and I had a collection of mail passed to me from my previous address, which included these two BW Legal letters. I sold the vehicle in question last year and moved house nearly two years ago and naturally informed the DVLA, however, BW Legal are still sending letters to my previous address. I'm fortunate in that I at least know the current occupants at my previous address!!! It would seem neither BW Legal nor the PPC had double checked with the DVLA as to my current whereabouts.
So, here was my initial plan of attack for the meantime. I was to await the Letter Before Action or the first lot of Court Papers to drop at my previous address before responding to their correspondence and requesting all the information necessary such as proof of claim, photographic evidence, the original PCN in order to understand their claim.
If I'm legitimately at fault, I'll pay up. What I don't want to do is get a CCJ due to human incompetence, which is not unheard of in this industry. I also want to make them work as hard as damned possible for their cash if it transpires I am at fault. Of course, if there is a legal bulllet to strike these swines down, I'll take that too. If it comes to pitching up at County Court, it's something I'd consider. Everyone needs their day!
Any advice or guidance would be appreciated.
SHiNK
I just signed up to this lovely forum for some legal assistance with some correspondence I received recently form the adorable BW Legal, who I can see are some relatively new and enthusiastic kids on the PPC scene. Let me explain...
A handful of years ago in the post-POFA2012 days I had a few inadvertent run-ins with PPC's and was also advising friends/family with regard to clamping outfits that were operating intensively in the area in the last few halcyon days of operations. I successfully got a few private parking tickets overturned for family and friends via POPLA when signage and confusion was the issue. I know that I personally obtained a couple by accident; one was paid off by my partner as County Court papers landing on the mat in her name (she was the registered keeper for that vehicle) freaked her our, despite the fact I was looking forward to turning up and challenging the case. I guess I can trace my interest in contract law and tort law back to these experiences... I am currently now studying a law degree part-time.
So, I was absolutely, positively certain that I did not leave any "charges" against my name unresolved from that time period (I actively refuse to use private car parks these days and will gladly walk 10-15 minutes for stress free, "free" parking). However, over the last 4 weeks I have received correspondence from BW Legal relating to an alleged incident from 2013. It relates to the car park I used to use back in those days. I won't name the outfit for the time being, save to say they're one of those rare beasts that own the land they operate on.
With regard to the correspondence from BW Legal, I've had the typical "First Letter" and "Final Notice" as many others have uploaded. I genuinely have no memory of the alleged incident or the final outcome other than that I was certain I resolved them all somehow and ejected all the knowledge of the cases from my head. More telling is, I haven't kept the paperwork relating to this one or any emails, with further makes me think I paid it off. I've changed bank since then so I cannot look up my payment history to see if I genuinely paid them off as I thought I had.
Now, I have since moved addresses and I had a collection of mail passed to me from my previous address, which included these two BW Legal letters. I sold the vehicle in question last year and moved house nearly two years ago and naturally informed the DVLA, however, BW Legal are still sending letters to my previous address. I'm fortunate in that I at least know the current occupants at my previous address!!! It would seem neither BW Legal nor the PPC had double checked with the DVLA as to my current whereabouts.
So, here was my initial plan of attack for the meantime. I was to await the Letter Before Action or the first lot of Court Papers to drop at my previous address before responding to their correspondence and requesting all the information necessary such as proof of claim, photographic evidence, the original PCN in order to understand their claim.
If I'm legitimately at fault, I'll pay up. What I don't want to do is get a CCJ due to human incompetence, which is not unheard of in this industry. I also want to make them work as hard as damned possible for their cash if it transpires I am at fault. Of course, if there is a legal bulllet to strike these swines down, I'll take that too. If it comes to pitching up at County Court, it's something I'd consider. Everyone needs their day!
Any advice or guidance would be appreciated.
SHiNK
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