Jump to content


VCS PCN NOw BW Legal letter


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2629 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all,

 

I was picking up a family member from a pub in February 2016.

 

On entering the private car park, which is a small one possibly 8 spaces, there was no notice. I then noticed once inside the car park the parking notice. The notice was located on the side of the pub I was going into to pick up the family member. I must of been in there for 20-30 mins whilst he was finishing his drink. I came out to find a parking notice on my windscreen, which I ignored.

 

I have now received a letter with photographs attached.. of my car with the date in the bottom corner and others of the notice (in broad daylight, so not taken at the time of incident 22:13) and ticket. They have also, since February added more signs which weren't there when I parked in February.

 

I have chosen to ignore the letters, but have been reading on the forums and people have said BW Legal do go to court, so just asking for some advice before it reaches that so I'm prepared.

 

I personally believe the signs are misleading as they have used the pubs property to put there signs on so can be confusing when they say customer parking. The only other place open at that time was domino's, how can they not prove I wasn't in there? I could of placed an order and waited in the pub?

 

Any help would be greatly appreciated.

 

Thanks

Link to post
Share on other sites

Send BW legal [less] the two line denial letter in numerous VCS/excel/BW threads here

 

Use the search CAG box of the top red toolbar

 

BW letter

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

tell us the date of the parking event and the date you got the first communication through the post/

 

 

WE will need to know exactly what it says so post it up if you can with your personal details removed.

 

AS said above it is unlikely that the parking co has followed the protocols to create a keeper liability

so when you respond to BWL you tell them that there is no contractual liability created between the keeper and their client.

 

We would likemto see the paperwork first though,

there may be more to say about this.

 

 

Images of the signage that was there at the time would be useful as the brief description you have given is menaingless for the parking co

Link to post
Share on other sites

Thats what I thought exactly.

 

But, after them sending pictures to me recently, I'm assuming that the pub is not part of the 'customer parking' so the parking facilities are not open for customers of the pub, although using the pub premises to put there signs up.

 

I believe it's very confusing and misleading.

 

They have also put on my ticket there reasoning: parking without valid permit/ticket. There was nowhere to purchase a ticket from? It's free parking for customers.

Link to post
Share on other sites

you have to take the statement at face value, it is not your business they are stupid.

Customer parking only.

You were a customer (doesnt matter whose customer and where or when, the signage doesnt stipulate any detail), end of.

Dont assume anything, you will only give yourself problems if you do.

 

Anything else they say is irrelevant.

If you want to argue their case for them you may as well just pay up.

 

If I put up a sign saying black is also white would you pay me £100 if I couldnt prove it? that is what they are asking for.

 

However, you should write to BWL and state that "there is no contract formed between your client and the keeper of the vehicle xx**yyy therefore no monies can possibly be due to them.

Please inform them of this and that any claim in this regard will be vigourously defended as being vexatious".

 

Stick to this short denial and avoid giving any detail of why they are rubbish at their job, they will only adjust their statements accordingly and try again.

 

 

It may not seem logical but it is ften easier to beat them in a illogical court claim than it is to argue your points with them and get them to drop it beforehand.

 

 

They only make money by rooking people so they arent going to admit they are too thick to write a sign properly.

Edited by dx100uk
Link to post
Share on other sites

Excellent, thanks ericsbrother this is reassuring. I shall send that off tonight.

 

To add, I received a final notice in June.. ignored it and received a further 2 letters in November.

 

 

The first one being the 'photographic proof' (which I spoke of briefly in my first post)

then a week later received a letter from VCS to tell me they are passing the case over to BW Legal team.. which they sent me the exact same letter in May!!

 

 

Surely if they are sending a final notice in June then sending a further 2 letters in November they're just false threats right?

 

Finally, do you believe I have a case to argue?

Don't want it to reach court and not have a leg to stand on.

 

Thanks again.

Link to post
Share on other sites

Also, can anybody enlighten me on the law with receiving an NTK?

 

I have been reading forums on here which state they have to send an NTK within a certain amount of time?

 

It was 46 days between the 'contravention date' and the issue date of the NTK.

Link to post
Share on other sites

Yes, you appear to have a case (as per EB's comments in post 8).

 

The timing of the NTK under PoFA depends on whether you received a Notice to Driver (i.e. a "ticket") or were snapped by ANPR camera.

 

 

If the former, you should have the ticket, and they have 28 to 56 days (so it is right),

if ANPR, they are WAY out (14 days max).

Link to post
Share on other sites

NTK 29-56 days after the ticket on screen so in time.

 

 

However, they generally get the wording wrong so it isnt a valid notice anyway and that means no keeper liability.

 

 

As you have ignored the correspondence so far it is a fair bet that there is no keeper liability as you havent dropped yourself in it in your response (one good thing about not replying)

 

So, send the letter as suggested and you let them know they are not getting anywhere and that there is no liability.

 

They may drop it or they may try court.

If they do the latter they will lose a defended case where the critical things of no POFA compliance,

n contract and undoubtedly no permission for the signage either.

 

What you must do though if you get a court claim is read it carefully and follow the instructions on the form and the advice given here about procedure.

 

 

There is another thread here where a claim was a cast iron win for the defendant but they sent the court form back to the claimant, who promptly cried "hallelujah" and filed for a default.

 

 

An inability to read the paperwork properly is no defence

Link to post
Share on other sites

  • 1 month later...

Happy new year all!

 

Just to keep you updated I received another "final notice" about 2 days ago. Basically telling me I have until 17th January to pay or they will be proceeding with County Court proceedings.

 

This must be the third "final notice" I have received. Should I ignore?

 

I'm worrying because I'm thinking if it does go to court, what proof do I have? Will the court be in there favour?

 

Thanks

Link to post
Share on other sites

read it properly I doubt it says WILL anywhere

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

their NTK wasnt a valid one for several reasons so it can be argued that there is no keeper liability in this matter anyway.

 

 

They wont listen to this valid point so no use just telling them that so post up the latest letter with your name etc redacted (inc their ref no) and we will se if it could fit into the description of a lba and thus warrant your use of a stamp to tell them where to go.

 

 

VCS have a liking for using useless lawyers to lose money for them so dont be surprised if you get a letter from Gladstones or BWL next demanding the £100 plus £54 for no specified legal reason.

Link to post
Share on other sites

Just to confirm the latest letters I have received have been from BWL Legal.

 

I've been reading a few posts on here and they do seem determined to take people to county court or at least apply to them, I'm just worried.

 

Is there anything I can do now?

 

Thanks

Link to post
Share on other sites

scan it up to PDF........upload

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

they are using BW because Gladstones have been losing them money due to their incompetence as solicitors.

 

 

having said that if you asked anyone who has used both sets they will say there is nothing to choose between them.

 

 

Remember,

85% of all court claims are not defended.

This site is for those that dont wish to be in that percentage.

 

 

Most well defended claims get well and truly trashed so dont think all is lost, it certainly isnt.

 

 

If I were you I would get the info we need posted up and then send BWL a very stong letter to rebut their claims regarding their clients.

 

 

When the time comes we will suggest a couple of lines that pull no punches

so if you do need to write to them please use the suggested wording and not somehting else just because you dotn want to seem impolite. they deserve both barrels.

 

Just to confirm the latest letters I have received have been from BWL Legal.

 

I've been reading a few posts on here and they do seem determined to take people to county court or at least apply to them, I'm just worried.

 

Is there anything I can do now?

 

Thanks

Link to post
Share on other sites

Don't lose sight of the fact that their signage gave NO indication that the car park was for the use of customers of any particular premises.

 

 

It was evidently a pub car park; you were a customer of the pub.

 

 

Moreover, if you were NOT a customer of the particular premises (which they have failed to identify), then you had not entered into a contract with VCS as the signs did not allow it.

 

 

You were trespassing, and VCS cannot touch you for that; ONLY the relevant landowner can. And they won't.

 

IMHO, the NTK angle is something of a red herring (but another piece of fuel to the defence fire).

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...