Hello again everyone.

Unfortunately l have to seek help again on this site regards a PCN that happened in August 2011.

I did open a thread about it in August 2011 but no longer can find it.

Yesterday l received the now popular BW legal letter acting on behalf of VCS about an outstanding balance of £174.00,[ consisting of £120.00 PCN plus their clients initial legal costs of £54.00. ].

Back in August 2011, following advice from this forum and as l wasn't the driver at the time of the PCN being issued but registered keeper, we decided to ignore the threatening letters which, eventually, all threatening letters ceased.

Until yesterday, 17th August, when a letter from BW legal and VCS arrived together in the same envelope dated 12 August, saying that if payment not received within 16 days court proceedings may be started.

The driver of the vehicle at the time the PCN was issued has since passed away in December 2013.

I have read on other posts of similar situations about sending a letter back to BW legal stating about the pre- POFA Act 2012,

driver responsible and not the RK at the time of issue , but, should l also give the name of the driver at the time stating that they are now deceased and therefore can no longer pursue the payment and wish for it to be fully withdrawn ?

Should l ring them and explain the situation ( which l don't want to as then they will have my phone number), or send a letter by recorded delivery ?

Any help much appreciated

Why not just respond that the driver died on x date, their name/date of birth and where the death was registered.

Advise that if they wish they can apply to the registrar for a copy of the death certificate.

I think i would leave it at that.

If they want to pursue the RK, that it up to them to try and a response can be made.

I would think that in the circumstances they might not bother.

They're sending these out like confetti, without a care in the world.

Not only are they massively out of time, they are seriously desperate if they think they are going to make any of these vexatious claims stick.

Lodge a formal complaint with the SRA.

IMO, I wouldn't respond it doesn't say they WILL start court proceedings, it is the usual 'MAY'. which isn't going to happen, as there is no keeper liability.

pers i'd have a giggle here [sorry for the pun]

give them the name of the driver!!

let them work it out.

now this could be fun!!

dx

pers i'd have a giggle here [sorry for the pun]

 

give them the name of the driver!!

let them work it out.

 

now this could be fun!!

 

dx

Now this on the other hand, could actually prove to be very interesting!

Imagine reading this in the national press, ''vexatious BW Legal issue claim against deceased driver''

Might make them think twice before seeing the ££ signs before their eyes, and they might actually read up on the laws of PPC's.

There was a news story a few years back where a customer of a bank had died but the bank wouldn't acknowledge this until one day a relative took the urn where the customers ashes were, into the bank. The account was sorted.

While BWL would have no knowledge that the driver has died, it is not down to you to tell them. If the driver was buried, You could always supply the name of the cemetery!

BWL 'could' take action against the keeper if they wish but they will fail due to no keeper liability. Idiots!

I would name the driver at the time and give them the current address

- I assume that any post send to the late driver's address when alive will be met by someone you know well so can get sight of any letters sent.

Make sure that you state the driver was the late mr x rather than just Mr x

and point out that there is no keeper liability in this matter

so they should only address any further demands to the driver.

There was a news story a few years back where a customer of a bank had died but the bank wouldn't acknowledge this until one day a relative took the urn where the customers ashes were, into the bank. The account was sorted.

 

While BWL would have no knowledge that the driver has died, it is not down to you to tell them. If the driver was buried, You could always supply the name of the cemetery!

 

BWL 'could' take action against the keeper if they wish but they will fail due to no keeper liability. Idiots!

that's been done too

its here somewhere on cag

they supplied the address as a C/O

and gave the cemetery address

the penny didn't drop even then.

dx

that's been done too

its here somewhere on cag

 

they supplied the address as a C/O

and gave the cemetery address

 

the penny didn't drop even then.

dx

Hi and thanks for feedback chaps.

dx100uk what was the outcome of this one ?

I really would like to sort this out asap rather than mess around with bw legal as naming the deceased driver might be upsetting to the family of the deceased driver having to remember back to that traumatic time.

The deceased's property was sold on in 2014 and any paper work relating to the PCN back in 2011 has since been filed in a skip at the time of house clearance.

I am in the process of drafting up a letter to send to bw legal and naming the late driver, but have been considering the following things :-

1. Will they then come after the registered keeper who was me at the time ?

2. As l knew who the driver was at the time of the PCN but never told them could they still hold me responsible ?

3. Could they still take me to County Court for me to prove l wasn't the driver and the deceased was ?

OR, should l just do like everyone else has been told to do as regards these old resurfacing PCN's and tell them l don't know who the driver was at the time ?

Also would l be best emailing the letter or sending by post.

Many thanks.

Hi and thanks for feedback chaps.

 

dx100uk what was the outcome of this one ?

 

I really would like to sort this out asap rather than mess around with bw legal as naming the deceased driver might be upsetting to the family of the deceased driver having to remember back to that traumatic time.

 

The deceased's property was sold on in 2014 and any paper work relating to the PCN back in 2011 has since been filed in a skip at the time of house clearance.

 

I am in the process of drafting up a letter to send to bw legal and naming the late driver, but have been considering the following things :-

 

1. Will they then come after the registered keeper who was me at the time ? nope cant

 

2. As l knew who the driver was at the time of the PCN but never told them could they still hold me responsible ?nope cant

 

3. Could they still take me to County Court for me to prove l wasn't the driver and the deceased was ?nope cant

 

OR, should l just do like everyone else has been told to do as regards these old resurfacing PCN's and tell them l don't know who the driver was at the time ?

 

Also would l be best emailing the letter or sending by post.

 

Many thanks.

that's the one^^^

post it too

and get free proof of posting from the PO counter

the fact that the house is sold and they'll never get an answer is not your problem if you do name the driver

that's the one^^^

 

 

Hi again dx100uk.

Excuse my ignorance, but which one are you referring to ? The named deceased driver letter or the generic " l don't know who the driver was" letter ?

OR, should l just do like everyone else has been told to do as regards these old resurfacing PCN's

and tell them l don't know who the driver was at the time ?

my second comment was

if you wanted to have fun and name the driver then...

the fact that the house is sold and they'll never get an answer is not your problem if you do name the driver

your choice

Hi.

I've drafted a letter together and just wondering what people think before l send it of.

Is it too much/over the top ? Too long ?

Dear Sir/Madam.

I am writing in response to your letter you sent to me dated 12th August 2016, re PCN issued XX August 2011. your reference No XXXXXXX

As this pre dates POFA Act 2012 (Commencment No2) Order 2012 ( 1st October 2012 ), - driver responsible and not registered keeper - l can confirm that the identity of the driver at the time was the late Mr XXXXX XXXXXX, who passed away on XXX December 2013.

( Please find attached a copy of the death certificate )

I therefore request that you delete this PCN charge and my personal details from your files and that of the claimant, VCS, and send a notice of cancellation for the charge.

No other correspondence sent by yourselves, the claimant, VCS, or any other third party will be entered into.

Any further correspondence sent by yourselves, the claimant,VCS, or any other third party will be treated as harassment and/or bullying and will be dealt with accordingly.

Regards.

Dear Sir/Madam.

I am writing in response to your letter you sent to me dated 12th August 2016, re PCN issued XX August 2011. your reference No XXXXXXX

As this pre dates POFA Act 2012 (Commencment No2) Order 2012 ( 1st October 2012 ), - driver responsible and not registered keeper - l can confirm that the identity of the driver at the time was the late Mr XXXXX XXXXXX,

Hi dx100uk.

Take it you mean don't write anything else after the late drivers name ?

let them guess if they can read?

or even bother to read it.

dx

And most certainly DO NOT send them a copy of the death cert!

DO NOT do their miserable job for them.

Hi and thanks.

All points noted and letter adjusted.

Will keep you posted.

dont forget to let us know if they contact you again.

Will do.

Hello again.

Said l would keep you posted with any developments so here we go :-

Posted letter informing them of deceased driver back in August as above.

Received a letter mid October saying their client required a copy of death certificate, which as l had one, sent to them beginning of November asking them to update their files.

Received another letter last week from BW Legal offering me a 40% discount on the PCN !

This is now turning into a joke.

How incompetent are these people ??

So now what do l do ?

Send back another letter with another copy of the death certificate and informing them that anymore correspondence received from them will be treated as harassment etc , or,

just ignore and see what they send next ?

Any advice much appreciated.

no, they are hoping that you are going to pay up just to make them go away.

If they do send you a county court claim then you will easily defeat it and they cant then moan that they didnt know.

If it does get to that stage I suggest that you run the story past the "Daily Mail", they will love it!

:lol:I would name the driver and give them his new address.

ged-it??

Thanks guys.

Think l'll send them another copy of the death certificate,

inform them that any further correspondence from them will be treated as vexatious and harassment and their actions reported to the appropriate authorities and newspapers,

carry on keeping copies of all correspondence and tell them l will be happy to produce it all to the judge if and when they take me to court.

oh and this time tell them where the drivers ashes currently reside at.