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  • FIRST POST
    • legranfromage
    • By legranfromage 25th Aug 16, 8:36 AM
    • 17Posts
    • 8Thanks
    legranfromage
    5 year old claim!!!
    • #1
    • 25th Aug 16, 8:36 AM
    5 year old claim!!! 25th Aug 16 at 8:36 AM
    Hello - apologies for the urgency of this new post but I have recently returned from holiday to be welcomed by two letters (one from BW Legal and one from Vehicle Control Services Ltd) regarding an alleged contravention from 2011!!

    Unfortunately the letters were dated 9th August 2016 and the letter advises me to make payment (total of £174) within 16 days from the date of the letter (which is today).
    I only returned from holiday this week and have spent yesterday and this morning looking through all the threads to see if I can find guidance on how to tackle this. I think (but not 100% certain) I have found the template letter and approach I need to make, but wanted to check given the age of this alleged incident.

    A bit of background:
    Letter one - from VCS, states that I have failed to make arrangements to pay my account balance and it has now been sent to BW Legal, who are their approved service provider. The letter advises that BW Legal will contact me regarding the payment of the outstanding balance (the letter from BW Legal came in the same envelope I think). All future correspondence should now be referred to them with immediate effect.
    I am then provided with the name and address and website.

    The second letter, from BW Legal, spells out at the top who their client is, the PCN (Manual), date of contravention (2011), Vehicle registration (a car I used to own), the balance due, the contravention description (parking beyond bay markings) and the location
    The body of the letter then details they have been instructed by VCS in relation to the balance due.
    For the avoidance of doubt, the balance due includes £120 PCN charge plus client's legal costs of £54
    As I have failed to make a payment or raise an appeal within 28 days, balance is outstanding and payment is required within 16 days from the date of the letter. Failure to make payment, or provide reasons for non-payment, they will see 'Our Client's' instructions to commence legal proceedings against me in the form of a County Court Claim Form in the County Court.
    They then detail what I need to do next which summarises as contacting them to resolve the account. They are keen to work with me and they offer a customer portal where I can make a payment, advise of any disputes against the PCN and upload documentation to support my dispute.
    The finish the letter with a warning about what happens in the event of County Court Proceeding, where I could incur further solicitor costs, and statutory interest. If the obtain a CCJ then it has a detrimental effect on credit worthiness and employability.

    As mentioned previously, I have read through the threads, and there is tons of great information out there. However, my question is how to proceed with this given that it is 5 years old (and I have no recollection of the event) and that they have offered a portal to upload my appeal.
    Do I ignore? Do I appeal? If so, via letter or the portal.

    I have no idea why this has risen it's head after 5 years but I am keen to avoid any court action (if that is a possibility)

    Many thanks in advance for your help. I am really keen to get this resolved today given the 16 day deadline expires today
Page 2
    • legranfromage
    • By legranfromage 6th Oct 16, 11:39 AM
    • 17 Posts
    • 8 Thanks
    legranfromage
    Perfect - thanks all for such prompt responses. I will have a thorough read of all the links and advice and put something together. I will also log a complaint with SRA as advised.
    Really appreciate this help - much appreciated
    • Ralph-y
    • By Ralph-y 6th Oct 16, 12:04 PM
    • 2,240 Posts
    • 2,724 Thanks
    Ralph-y
    also please find the time to .........

    Let your MP and Mrs (PM) May hear about how this awful threat affected you - and what you think about the rotten greedy 'parking industry'! Write your own or use the template provided by the BMPA.

    Show them the rubbish you have received and ask why the Government thinks it is OK for consumers to be 'credit clamped' with a threat of court for SIX YEARS by this rotten industry of money-grabbers and ex-clampers? You only managed to extricate yourself with a level of 'never give up' determination over several months that many people would have failed to achieve even for a minute.

    Suggesting that the only answer - if the Government dare - is for PPCs to be banned like clamping was, and for S56 of the POFA 2012 (that led to Schedule 4, keeper liability for these parasites) to be repealed.

    (courtesy of CM)




    http://forums.moneysavingexpert.com/showthread.php?t=5524754&page=6


    Ralph
    • Umkomaas
    • By Umkomaas 6th Oct 16, 2:54 PM
    • 10,967 Posts
    • 16,364 Thanks
    Umkomaas
    For what location was the ticket issued?
    NEWBIES - wise up - DO NOT IGNORE A PARKING CHARGE NOTICE - you have been warned!

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Please note: I am NOT involved in any 'paid for' appeals service.
    • legranfromage
    • By legranfromage 6th Oct 16, 3:07 PM
    • 17 Posts
    • 8 Thanks
    legranfromage
    apologies Umkomaas - it was at a retail / leisure park
    • legranfromage
    • By legranfromage 12th Oct 16, 6:37 PM
    • 17 Posts
    • 8 Thanks
    legranfromage
    Morning all - just wanted to keep you updated with developments. Following my 'Gan' letter, and BW Legal's subsequent response, I received another letter in the post yesterday. Basically, as I have understood it, it's another template letter in an attempt to get me to pay.

    The gist of the letter is as follows:

    'We wrote to you recently advising that our client may shortly be instructing us to commence County Court proceedings against you for the recovery of the above PCN and we also offered you a 40% discount. We are yet to receive payment and / or a response to our letter.
    Claim your 40% Credit Today
    you can still obtain your 40% discount against your PCN amount if you pay before 20th October 2016. If you take advantage of this offer, the revised amount you will pay is £126.00. This offer will expire by close of business on 20 October 2016, so it is very important that you contact us before that date to take advantage of the offer and avoid County Court proceedings being issued against you.

    There is then a section how I can make the payment on-line. The letter finishes with the following:
    What to do next
    It is important that you contact us no later than 20 October 2016 to discuss the options available to you. We are here to assist you, but on expiry of the discount period on 20 October 2016 the offer will be withdrawn and our client may then instruct us to commence County Court proceedings against you for the recovery of the above PCN thereafter

    Should I continue to ignore? I have also yet to send my reply to the last letter regarding the points they raised

    As always, many thanks for your continued advice and help with this
    • pappa golf
    • By pappa golf 12th Oct 16, 6:48 PM
    • 5,353 Posts
    • 4,884 Thanks
    pappa golf
    bluffology , well before POFa , tell them to bring it on ,, you will defend the case strongly


    also thank them for their template letter (40%) off which we have seen about 10 times this week
    Have YOU had to walk 500 miles?
    Were you advised to walk 500 more?
    You could be entitled to compensation.
    Call the Pro Claimers NOW.
    • beamerguy
    • By beamerguy 12th Oct 16, 7:11 PM
    • 4,113 Posts
    • 4,720 Thanks
    beamerguy
    legranfromage .... right now BWLegal have the "headless chicken syndrome"

    It really is so sad that the SRA allow this rubbish.

    Desperation or what ???

    FACT:
    It's pre POFA 2012. They need to be talking to the driver.

    Ask for their help, ask them who was the driver ?
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Coupon-mad
    • By Coupon-mad 12th Oct 16, 7:27 PM
    • 40,372 Posts
    • 52,268 Thanks
    Coupon-mad
    Morning all - just wanted to keep you updated with developments. Following my 'Gan' letter, and BW Legal's subsequent response, I received another letter in the post yesterday. Basically, as I have understood it, it's another template letter in an attempt to get me to pay.

    The gist of the letter is as follows:

    'We wrote to you recently advising that our client may shortly be instructing us to commence County Court proceedings against you for the recovery of the above PCN and we also offered you a 40% discount. We are yet to receive payment and / or a response to our letter.
    Claim your 40% Credit Today
    you can still obtain your 40% discount against your PCN amount if you pay before 20th October 2016. If you take advantage of this offer, the revised amount you will pay is £126.00. This offer will expire by close of business on 20 October 2016, so it is very important that you contact us before that date to take advantage of the offer and avoid County Court proceedings being issued against you.

    There is then a section how I can make the payment on-line. The letter finishes with the following:
    What to do next
    It is important that you contact us no later than 20 October 2016 to discuss the options available to you. We are here to assist you, but on expiry of the discount period on 20 October 2016 the offer will be withdrawn and our client may then instruct us to commence County Court proceedings against you for the recovery of the above PCN thereafter

    Should I continue to ignore? I have also yet to send my reply to the last letter regarding the points they raised

    As always, many thanks for your continued advice and help with this
    Originally posted by legranfromage
    Do the same as the other poster who mentioned this letter yesterday. Search '40% credit' or 'bargain sale' on this board to find it.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • legranfromage
    • By legranfromage 16th Nov 16, 1:46 PM
    • 17 Posts
    • 8 Thanks
    legranfromage
    Hi all - so, the next letter from BW Legal arrived on my doormat yesterday. It's a long one so I won't bore everyone by typing it out in it's entirety. However, the gist is as follows:
    - further to the letter dated 9th August they are yet to receive payment and / or response to their letter (I replied denying any liability)
    - pay balance by 26th November or their client MAY instruct legal action
    - in the event of County Court Proceedings they will be seeking recovery of not only the balance but client's court fees, solicitors costs and statutory interest. They then provide a breakdown of these estimated costs with an estimated total of £303.65
    - they then bring to my attention to the case of Parking Eye Limited vs Beavis (which I have seen mentioned several times in other posts on this forum). They inform me that the Supreme Court held that parking charges serve a legitimate commercial interest and are neither extravagant nor unconscionable. I quote this eliminates the main defence that you may have should the matter go to Court and this case will be relied upon, by our Client, in any County Court proceedings
    - in the event they are instructed to issue a claim, and they successfully obtain a CCJ (which, according to the letter, is likely), then a CCJ will be recorded on your credit file for 6 years unless I satisfy the CCJ in full within a month (I am assuming this means paying the balance in full)
    - if I fail to comply with the CCJ they reserve the right to take one of the following actions - warrant of control, attachment of earnings or order to attend court for questioning.
    - to prevent all of the above from happening I need to pay the balance by 26th November to avoid the need for them to seek Client's instruction which may result in legal proceedings

    And that is about it. It seems like another 'last chance' letter of which I have received half a dozen or more now. As far as I am concerned they still haven't identified who was driving the vehicle at the time of the alleged incident and as it dates back to Feb 2011 I have no idea myself.
    • Quentin
    • By Quentin 16th Nov 16, 1:54 PM
    • 30,246 Posts
    • 14,330 Thanks
    Quentin
    Ignore all these (empty) threats!


    Only take any notice if you get a letter before court action or an actual county court claim - if you do come back here for advice.
    • fisherjim
    • By fisherjim 16th Nov 16, 2:01 PM
    • 1,714 Posts
    • 2,360 Thanks
    fisherjim
    ...to prevent all of the above from happening I need to pay the balance by 26th November to avoid the need for them to seek Client's instruction which may result in legal proceedings

    Aren'tthese two separate empty attempts at bullying you, they need to make up their minds which threat they mean LOL!

    A bunch of dozy confused Muppets!
    To quote the words of the great Count Arthur Strong "You Couldn't make it up"
    • fil cad
    • By fil cad 16th Nov 16, 7:26 PM
    • 720 Posts
    • 546 Thanks
    fil cad
    The lengths these filthy scammers go to suck your money into their grubby bank accounts is just beyond belief.
    NEVER EVER PAY A PRIVATE PARKING CHARGE! And help the PPCs go bankrupt ASAP, second thoughts pay them in full with toy cash.
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