VCS PCN Scotland - now BW Letter

[Katik]

Hi, I am a new user.

 

I have a similar situation as Amy CL.

 

 

I received a letter from BW Legal regarding a parking charge.

 

 

However, I am not the driver.

I was in Spain on the day my car was parked in this VCN run parking lot in Scotland.

 

 

My son was driving the car whilst we were on holiday.

 

In Scotland, I am told, that I am not liable for any charges if I am not the driver. Is this true?

 

Should I tell BW Legal that I am not the driver and to stop hassling me or should I just sit tight? Please advice.

 

Thanks

[ericsbrother]

as the car park was in Scotland then Scottish law prevails.

So what to do- this applies to both of you. You have a choice:

1/ ignore them and wait and see if they try their luck with a court claim, this will be lost by them but will force you to waste your time and effort defeating the claim.

2/ send a short letter saying that "there is no keeper liability under the POFA as the law does not apply in Scotland and that they should cease their activities in this matter or risk a claim of harassment as both a civil tort and criminal complaint".

 

if you choose the latter do not add any detail to this one line response, do not enter into any other correspondence and send the letter by post, not email or they will have a means to harass you for free.

Dont say if you were or werent the driver, that is none of their business

[ericsbrother]

If you are minded to,

make a request to the DVLA to see who accessed your details and why.

 

 

If the parking co have done so claiming the POFA or any keeper liability

then you should complain to the DVLA about the false statement being made to access the KADOE and why are the DVLA allowing this to happen?

 

 

If the DVLA cannot answer the question properly

you then complain to the ICO about the DVLA being slapdash with your personal data and selling it on without permission or reasonable grounds

[Katik]

Thanks. I will send that letter and keep you posted of developments, if any.

[dx100uk]

own thread created

 

 

dx

[dx100uk]

can we just check

that you do reside in scotland too?

[Katik]

Yes, I do.

[dx100uk]

all good then

[Katik]

I came back last week after a 5week trip abroad.

 

I received a final notice from bwlegal whilst I was away abroad.

 

Today I received a "Letter of Claim"

 

As I mentioned before; I live in Scotland.

 

I can prove I was abroad when this 'Contravention" occurred.

 

Should I respond to this Letter of Claim or ignore?

 

Please advise

 

Many thanks

[dx100uk]

ignore

the car park is in Scotland

[Katik]

Yes, it is in Dundee, Scotland

[ericsbrother]

It is another threatogram dressed up in a legal frock and lacy stockings.

 

As they are getting punished in defended cases I would just ignore them as you will win any claim they make and get aggravated costs as well. They know this, same as they know that in Scotland they will have to explain why they got your keeper details if they are claiming against the driver. Their access to the DVLA database will show this so you might want to ask the question to the DVLA as to who accessed your keeper details and why.

 

The law is clear about this and if they try and say it is anything other than POFA then they have to show whythey belive the driver and keeper are the same. Needless to say your being abroad at the time will show them to be the cheap liars we know they are

Edited October 28, 2016 by honeybee13
Paras.