Excel/VCS/bwlegal - PCN from March 2012, Threads merged |
Excel/VCS/bwlegal - PCN from March 2012, Threads merged |
Tue, 30 Aug 2016 - 14:10
Post
#1
|
|
Member Group: Members Posts: 63 Joined: 30 Aug 2016 Member No.: 86,742 |
I collected information from this forum after the receipt of a “Notice to Owner” dated 16/4/2012 until the threatening letters from Whites stopped arriving later in 2012. I did not respond to any of those.
On 27th July 2016 I received the letter from VCS passing my “account” to bwLegal and, in the same post, another letter from bwLegal claiming a “balance due” of £174.00, comprising a PCN charge of £120.00 plus £54.00 “initial legal costs”. Once again I researched this forum and came up with this response: 1 August 2016 Dear Sir/Madam, In response to your letter of 25 July 2016, a copy of which I enclose, I deny any debt to Vehicle Control Services Parking Limited. As I’m sure you are aware, the alleged event took place before the enactment of The Protection of Freedoms Act 2012, and I was not the driver. Thus, your client has no right to pursue me as the registered keeper. You have no reasonable cause to continue to process my personal information, including Vehicle Registration Mark. As such you must confirm within 21 days that you and all your agents have ceased processing my data, to prevent further distress and harassment being caused. You must treat this as a Section 10 notice under the Data Protection Act. No consent has been given, or will be given, for you to process my data. Should you contend consent was given, which is denied, it is revoked. Do not reference Elliot Vs Loake. You are fully aware this does not apply in this case. Similarly, I should not have to remind you that your £54 "legal" charges cannot possibly be recovered at small claims, as per CPR27.14. In summary: 1 I was not the driver of the vehicle on 16 March 2012. 2 BW Legal has attempted to mislead me by demanding £54 legal costs, which cannot be recovered in the Small Claims Court. 3 BW Legal has also misrepresented the consequences of a judgement - a CCJ “may have a detrimental effect on my future creditworthiness and employability”. 4 Vehicle Control Services Parking Limited’s delay of over four years to begin legal action is unreasonable behaviour. Yours faithfully, bwLegal’s response to that arrived on 25/8/2016 (dated 23 Aug). I’ll try to post an image. What is the best way forward? Do I use Gan’s concise response: Dear Sir/Madam, Ref: ***** I acknowledge receipt of your letter dated 23 August 2016. I refer you to my previously reply, a copy of which is enclosed My position is unchanged Yours Faithfully OR can I rant a bit? Dear Sir/Madam, Ref: ***** I acknowledge receipt of your letter dated 23 August 2016 and would like to draw your attention to the following: 1. I deny any debt to your client. The £174.00 is the sum of £120.00 PCN Charge plus £54.00 your legal fees. 2. I did not “suggest” I was not the driver of the car. I clearly stated I was not the driver. 3. I do not know who the driver was on 16 March 2012. Even if I did it would be impossible to provide you with that information “within 7 days” as you letter arrived on Thursday 25th August - just before a Bank Holiday weekend. 4. You referenced the case Elliot Vs Loake despite my pointing out to you that it does not apply in this case. 5. Your extract From the DVLA Release of Information document does not address my request that you cease processing my data. 6. your reference to the £100.00 PCN charge does not match with point 1, where the PCN charge is clearly £120.00 (£174.00 minus £54.00 legal fees). 7. Your reference to ParkingEye v Beavis (2015) is not relevant in this case. 8. Your statement that “the relevant car parking Codes of Practice also gives guidance that £100.00 is a reasonable sum to charge” seems to be an error as you are asking me to pay a charge of £120.00. See also points 1 and 6. 9. Referencing the “detailed terms and conditions located within the Car Park” is not very helpful as I have already stated that I was not in that car park. Finally, I was staying in a hotel in Basingstoke at a family event over the weekend 16 - 18 March 2012. I was not the driver of the vehicle on 16th March 2012. I do not know who was driving the vehicle on that date. Yours Faithfully |
|
|
Advertisement |
Tue, 30 Aug 2016 - 14:10
Post
#
|
Advertise here! |
|
|
|
Tue, 28 Aug 2018 - 19:46
Post
#141
|
|
Member Group: Members Posts: 63 Joined: 30 Aug 2016 Member No.: 86,742 |
I know this is very smug of me - but here's the cheque (redacted of course).
|
|
|
Tue, 28 Aug 2018 - 20:42
Post
#142
|
|
Member Group: Members Posts: 3,124 Joined: 8 Feb 2013 Member No.: 59,842 |
Disbursements to be added to BWL's final invoice to Excel/VCS.
Sweet! |
|
|
Tue, 28 Aug 2018 - 20:59
Post
#143
|
|
Member Group: Members Posts: 19 Joined: 15 Jul 2016 Member No.: 85,667 |
Well done!!!
Mines a pint please. 😎😎 |
|
|
Wed, 29 Aug 2018 - 08:27
Post
#144
|
|
Member Group: Members Posts: 9,985 Joined: 20 Aug 2008 Member No.: 21,992 |
Where's the 'Like' button on here?
-------------------- Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
|
|
|
Wed, 29 Aug 2018 - 08:50
Post
#145
|
|
Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Nicely done
|
|
|
Lo-Fi Version | Time is now: Friday, 29th March 2024 - 07:44 |