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wayne.d
Hi,

The driver of my vehicle at the time received a PCN from VCS on 22 Dec 2014. They ignored all letters and did not appeal or have any contact with them. The RK received letters from them for about 1 year and then the letters stopped. Now the RK has started to receive letters from BWLegal stating I will owe £254.71 if not paid by 10 August 2016 for original PCN, interest, solicitors fee's and court costs etc.

Need a bit of re-assurance on what to do next, do I not pay and continue to ignore the letters until I receive the court papers or should I contact BWlegal?

The latest letter from BWLegal does not state letter before court etc.

Any advice would be grateful.

Thank you.
nosferatu1001
You should treat this as a Letter Before Action.

Remove ANY and ALL clues as to the drivers identity. Even a cursory reading of this forum will have told you to NOT REVEAL the drivers identity!

A court claim is likely to follow if you dont reply

There are TONS of BW Legal letters on here. You need one that attacks the £54 legal costs as not being recoverable under CPR27.14 nor under the POFA, and that they have NOT managed to follow POFA2012 to hold the Keeper liable - VCS failed utterly in 2014 so this is a truthful statement. You must also state Ellot Vs Loake iss irrelevant.

Post here for critique.
wayne.d
Thank you for your response, I have found this letter and adapted it for my situation. Also the latest letter received from BW does not state it is a letter before action.


Dear Sir/Madam,

RE: Your reference ******

I deny any debt to Vehicle Control Services Ltd

Regarding your intention to claim £50 for legal services, I refer you to CPR 27.14.

As keeper, I believe that the signage was inadequate and any contract with the driver is denied.

Your client has failed to comply with the Protection of Freedoms Act (POFA) 2012 and therefore you have no cause of action against myself as keeper. In the absence of any reliance upon the POFA Schedule 4, it would be for VCS to establish who the driver was, and that a contract existed with that person. So far, no such evidence has been supplied.

There is no evidence your client has any proprietary interest in the land. Please provide a copy of the contract(s) authorising VCS to offer contracts for parking in their name and pursue unpaid parking charges including through court proceedings in their name on the material dates.

Should it be your client’s intention to start court proceedings, they must provide a Letter Before Claim which complies with the requirements of the Practice Direction on Pre-action conduct. Please note that a failure and/or refusal to comply with the Practice Direction will result in a complaint being made to the court and an application for a stay of action and costs pursuant to the provisions of paragraph 4 of the Practice Direction on non-compliance and sanctions.

This charge is disputed and you must now refer this matter back to your client and cease and desist all contact with me. If you persist, I will not hesitate to report BW Legal to the SRA.

Regards
nosferatu1001
£54, not £50

You didnt pre-rebut Elliot Vs Loake. This is in their template response.

You should also copy in the CSA errors they have made.
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