Letter of claim BW legal

[burnt24shes]

I have received a Letter of claim from BW Legal for a PCN from Nov 2019. I wasn’t the driver at the time and was unaware at the time of the PCN attached to the windscreen.

I am unsure of how to respond to the Letter of claim. BW Legal have already risen a court case for another PCN but in that case I paid for the parking but left one minute late, so I feel it is likely they will take it further.

Could I please have some guidance on how to respond to the letter.

Thanks in advance

[ostell]

Have you got the notice to keeper?

[burnt24shes]

It was so long ago I don’t remember receiving one but I requested them from the PPC

[ostell]

Normal response would have been

Dear Sirs,

I have just received your Notice to Keeper No. xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give the invitation to keeper as prescribed by section 8 (2) (e) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc

they have also failed to give the notice of keeper liability, 8 (2) (f), in the format required by POFA. They say registered keeper instead of keeper, could be a different person. And period of parking 8(2) ( a) is missing. There can be no keeper liability

leave you to co pose a suitable response

[burnt24shes]

Thanks for your help. Do I send this response with the claim form? If so which box should I tick.

[ostell]

That would have been a response to the initial PCN. Rewrite to suit the occasion, so that you show that you cannot possibly be liable

What claim form?

[burnt24shes]

Thanks for your help. Do I send this response with the claim form? If so which box should I tick.

Sorry I meant letter of claim. Do I need to fill in the reply form

[ostell]

What reply form?

you need to respond telling them why you are not luable.