3. Chased by BWLegal for Debt on a PCN not received.
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Chased by BWLegal for Debt on a PCN not received.
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Received a debt collection letter from BW legal regarding a private parking charge notice issued 27th December 2023 on a hire vehicle by Wise Parking Ltd. Wise Parking have not sent any PCN to the hirer even though they collected the hirer’s details from the hire company.

Got to know about this when Trace Debt recovery sent a letter dated 19th February 2024 demanding £150 for debt related to the PCN issued by Wise Parking, when Wise Parking was contacted regarding the PCN , they claimed to have sent it but could not provide the date/address or proof of postage. They provided a vague response of middle of January 2024 as date sent and asked for address details to post a copy of PCN, which they should have.

BW legal then issues another letter dated 28th March 2024 demanding £150(£70 for debt recovery costs) for the same PCN which has never been received to be paid by 2nd May 2024 or they will issue a LBC(letter before claim).

Wise Parking Ltd indicate the PCN was issued by an attendant but no ticket was placed on the vehicle and it was manned.

Tried to contact BW Legal but to no avail, any advice would help.
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Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #1 on: »
Stop trying to contact them. Please tell us that you have not revealed the identity of the driver.

You have been contacted as the “hirer”. They have no idea who was driving. Even if they had sent you a Notice to Hirer (NtH), you would not be liable as I have yet to see any PPC correctly comply with the requirements of PoFA in order to transfer liability from the driver to the hirer.

Have Wise sent you a copy of the NtH or the NtK? Did you send them a Subject Access Request (SAR) or was this just a phone call? Any phone calls are not worth the paper they aren’t written on. Email, with or without attachments, is your best form of comms.

Had you sent Wise an SAR they would have been required to respond within 30 days otherwise face sanctions from the ICO.

Wise were required to comply with the strict requirements of PoFA paras 13 and 14. As mentioned, I have yet to see any unregulated private parking company comply fully with those requirements. Have a read of it yourself here:

https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

Not one PPC ever complies with the requirements of PoFA 13(2).

A PCN when in a hire car or leased vehicle is a “golden ticket” as long as the hirer does not reveal the drivers identity. As long as you have not revealed the identity of the driver, stop trying to communicate with them now.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #2 on: »
As above a Subject Access Request to Wise would be a good idea.

There's a very good chance they haven't complied with PoFA, I've only ever seen two cases where a parking company met all the relevant conditions for hirer liability, it's very rare!
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Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #3 on: »
Thanks for the responses.

Wise Parking was contacted via email to ascertain the source of the debt since no NtH has been received till date.
Wise Parking requested for provision of address to send the NtH which was surprising since they would have been provided the address of the hirer by the hiring company (NtK), why would they request for the address?

No identity of the driver has been given.

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Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #4 on: »
Can I get more education on PoFa 13(2).

From reading it clearly indicates they’ve not complied with the section of the 21 day period to send the NtH.
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Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #5 on: »
Had they complied, I have yet to see any PPC provide all the documents listed in 13(2)(a), (b) and (c). Without seeing the NtK and the NtH, we don’t know about any date compliance.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #6 on: »
The hire company responded with the ckedfx details on 11th January 2024. Not seen any NtH .
« Last Edit: April 25, 2024, 03:50:20 pm by Prinzo »
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Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #7 on: »
Just to rule it out, have you checked that the hire company (a) have the correct details, and (b) passed the ckfedxf details on to Wise?
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Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #8 on: »
You’re going to have to wait and see whether/if BW Legal send an LoC. Wise are an IPC company and there is no point in communicating with them except to demand your SAR.

If/when BWL send an LoC, come back for advice on how to respond. Unless they give up, you want this to go to court as a judge is the only truly independent arbiter on whether you owe Wise a debt or not.

In the meantime, they are hoping you are low-hanging fruit on the gullible tree who will capitulate and pay into their scam once you get threatening letters or a court claim. As long as you are here getting advice, you can ignore them until/if an LoC arrives.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #9 on: »
Yes, checked correct details given but Wise has made a mistake in the spelling of part of the address, which is detected on the letters from the DCA ( Debt Collection)
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Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #10 on: »
Quote from: b789 on April 25, 2024, 03:52:57 pm
You’re going to have to wait and see whether/if BW Legal send an LoC. Wise are an IPC company and there is no point in communicating with them except to demand your SAR.

If/when BWL send an LoC, come back for advice on how to respond. Unless they give up, you want this to go to court as a judge is the only truly independent arbiter on whether you owe Wise a debt or not.

In the meantime, they are hoping you are low-hanging fruit on the gullible tree who will capitulate and pay into their scam once you get threatening letters or a court claim. As long as you are here getting advice, you can ignore them until/if an LoC arrives.

Thank you.
Will do.
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Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #11 on: »
LoC received today, response before 6th July 2024
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Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #12 on: »
Quote from: Prinzo on April 25, 2024, 04:00:26 pm
Quote from: b789 on April 25, 2024, 03:52:57 pm
You’re going to have to wait and see whether/if BW Legal send an LoC. Wise are an IPC company and there is no point in communicating with them except to demand your SAR.

If/when BWL send an LoC, come back for advice on how to respond. Unless they give up, you want this to go to court as a judge is the only truly independent arbiter on whether you owe Wise a debt or not.

In the meantime, they are hoping you are low-hanging fruit on the gullible tree who will capitulate and pay into their scam once you get threatening letters or a court claim. As long as you are here getting advice, you can ignore them until/if an LoC arrives.

Thank you.
Will do.

LoC received today, response before 6th July 2024
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Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #13 on: »
Quote from: Prinzo on June 11, 2024, 05:24:20 pm
Quote from: Prinzo on April 25, 2024, 04:00:26 pm
Quote from: b789 on April 25, 2024, 03:52:57 pm
You’re going to have to wait and see whether/if BW Legal send an LoC. Wise are an IPC company and there is no point in communicating with them except to demand your SAR.

If/when BWL send an LoC, come back for advice on how to respond. Unless they give up, you want this to go to court as a judge is the only truly independent arbiter on whether you owe Wise a debt or not.

In the meantime, they are hoping you are low-hanging fruit on the gullible tree who will capitulate and pay into their scam once you get threatening letters or a court claim. As long as you are here getting advice, you can ignore them until/if an LoC arrives.

Thank you.
Will do.

LoC received today, response before 6th July 2024

Please any advice on responding to the LoC.
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Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #14 on: »
It's rather hard to advise on a document that you have seen, but we have not... If you show us a copy we might be able to advise. As a general rule if you're intending to fight this, a response to a Letter Before Claim should set out why you believe no money is owed, and why you won't be paying them.

Also, please don't make multiple posts chasing us to respond - it's been less than 24 hours, that's hardly a long time to wait for a response, especially when you have more than 3 weeks to respond to their LoC. This site is run by volunteers providing you advice free of charge, please be patient.
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