BW & Excel - again! Should I ignore?

[StevieW.uk]

Hi

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?468039-BW-Legal-letter-re-Excel-PCN-March-2012&p=4932902#post4932902

 

I'm in a very similar situation to the OP so will follow this very closely and probably take the same steps. Could someone please explain what is meant by "There is no keeper liability for this event as it is prior to the nov 2012 start date."

 

Thanks

[Bakewelltart]

Looks like there sending a few out from way back I received one today from July 2012. Stevie W keeper liability I think is , the alleged event took place before the enactment of The Protection of Freedoms Act 2012. Thus, the client has no right to pursue me as the registered keeper.

[Bakewelltart]

Keep us posted..

Edited August 8, 2016 by Bakewelltart

[StevieW.uk]

Hi

 

Very appreciative of the fact this has been discussed A LOT already, I've spent the last couple of hours reading what has already gone on. I'm torn between ignore or a refusal letter, and was hoping if I briefly explain my circumstances someone could advise either way.

 

I have 2 pcn's, both from excel back in 2014, approx 1 week apart. Whilst the letter from BW legal below relates to only 1 of them, I'm sure the other will follow soon - or it may have already as up until I have been ignoring it.

 

In short, for the BW one, I paid for 24hrs parking, but the ringo app wouldn't let me pay for more, so I had to wait for it to expire, then add more. When it expired, I didn't add it again straight away (was at work and forgot) but when I remembered I paid, and ensured I added enough time to account for the hours I missed. I have receipts to show this.

 

Anyway, I returned to a PCN, which I appealed, and was told they would let me off with an admin charge. In hindsight, should have said yes, but was stubborn as in my mind, I had paid. I had photo evidence showing the time I returned meaning although I paid late, I paid for enough total hours.

 

So, I've been ignoring until now and received the letter below. As you can see, was all set to ignore again but figured I ought check first!

 

Should I ignore, or contact them and state my case, which I feel is a good one as I did actually pay (albeit late) or send a standard reply like the ones I have seen others use?

 

Not sure if relevant, but in my appeal I stated I wasn't the owner of the car but I was driving - was my Dad's car and he wouldn't appreciate all this!

 

Thanks for any and all advice!

 

[StevieW.uk]

Right ok, thank you.

[dx100uk]

send the short denial letter as you've read

[dx100uk]

send the short letter as in post 4 gentlemen

and if you haven't already

start your own ------- start a new thread

[StevieW.uk]

Ok, thank you.

 

Most of the denial letters I see say something along the lines of

 

"it is denied that any monies are owed to your client relating to the supposed event of xx october 2015 as no keeper liability has been created and in any case no contract entered into by the driver at the time. Please refer this back to your client".

 

Not always the same, but a lot mention keeper liability. When I submitted my original appeal, I acknowledged I was the driver of the vehicle? Does this change anything? What exactly should I write as I can only see this keeper liability thing which I don't think will apply to me?

[ericsbrother]

do nothing and they will sue, they have sent out about 1000 claims in the last week.

 

In your case keeper liability has nothing to do with anything,

it is purely a contractual matter and did you breach the contract offered when parking.

If you can show that you paid then you didnt breach the conditions.

 

 

You need to simply respond that you paid the prescribed fee at the time so there was no breach of contract.

 

 

Your client knows this and acknowledged this fact in the correspondece between us .

 

 

Any further action will thus be treated as vexatious.

 

The fact they said they would knock off the admin fee (eh?) is enough to show they knew you had paid

[StevieW.uk]

Thanks Ericsbrother.

 

So, something along the lines of your words;

 

"I paid the prescribed fee at the time so there was no breach of contract.

 

 

Your client knows this and acknowledged this fact in the correspondence between us .

 

 

Any further action will thus be treated as vexatious."

 

Does anything else need adding? Along lines of if goes to court will be fought etc?

 

Thanks

[dx100uk]

no just that line for now

you'll prob get a court claimform anyway.

 

 

but that's easy to deal with

[StevieW.uk]

Ok, thanks. Letter sent!

[StevieW.uk]

I've had another letter today, exactly the same "final notice" but the name is someone I've never heard of?!? My original letter was only addressed to me as the first name, no surname. Are they really this inept?

 

They both refer to the same ticket as the references are the same.

I have replied to their original letter, planning on just ignoring this.

 

If by chance they are stupid enough to send a claim form to this person who doesn't exist,

can I just ignore or is that not wise given it's the courts?

Should I maybe reply telling them this other person doesn't exist?

 

Thanks

[dx100uk]

I would not ever ignore a claimform in whatever name.

 

 

pers I would not be writing no.

just the auto threat-o-gram pc program going mental.

[StevieW.uk]

Ok thanks - I' won't respond to it. If I do get a claim form in this other persons name, how would you rec I respond?

[ericsbrother]

you defend by saying that you are not that entity and therefore the claimant has no cause for action against you and give your proper name and address to the court.

After that get on to the ICO and complain about this misuse of your data.

[StevieW.uk]

Brilliant, thanks Ericsbrother.