Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • yorkshell
    • By yorkshell 6th Feb 18, 9:53 AM
    • 15Posts
    • 8Thanks
    yorkshell
    Letter of claim from BW Legal
    • #1
    • 6th Feb 18, 9:53 AM
    Letter of claim from BW Legal 6th Feb 18 at 9:53 AM
    I have received a Letter of Claim from BW Legal, saying they have been instructed to commence legal action in the form of issuing a claim against me in the County Court. I have received previous correspondence from DWP and ignored them. I have ready all the newbie threads and lots of other posts. The letter from them appears to have all the information on. I am wanting to send a response in my defence but wanted someone to look at the letter I have received from them to see if there is anything missing. Would anyone be able to do that? I am that scared about what to do, I feel the only option is to pay offered to pay a certain amount, but I can't really afford it. Help
Page 1
    • The Deep
    • By The Deep 6th Feb 18, 10:56 AM
    • 8,217 Posts
    • 7,541 Thanks
    The Deep
    • #2
    • 6th Feb 18, 10:56 AM
    • #2
    • 6th Feb 18, 10:56 AM
    Watch this

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    BWL are in a spot of bother. Makes matters worse for them by complaining robustly to your MP

    Does the LBC comply with the new rules?

    https://www.justice.gov.uk/courts/procedure-rules/civil

    If not read post 10

    http://forums.moneysavingexpert.com/showthread.php?p=73456212#post73456212
    Last edited by The Deep; 06-02-2018 at 11:03 AM.
    You never know how far you can go until you go too far.
    • yorkshell
    • By yorkshell 6th Feb 18, 12:43 PM
    • 15 Posts
    • 8 Thanks
    yorkshell
    • #3
    • 6th Feb 18, 12:43 PM
    • #3
    • 6th Feb 18, 12:43 PM
    This is what I am not sure about. The Letter of Claim gives the following information:-
    The client name
    The vehicle reg
    Contravention description & location
    PCN - Camera
    Date of contravention
    Balance due

    Estimated costs of it going to court
    What I need to do and by when
    How to get in touch
    A statement of account
    Warning of court proceedings if I don't reply or pay

    It doesn't give the following information:
    Length of time over maximum stay
    photos of vehicle
    details of signage and locations of these signs
    It doesn't mention anywhere about my rights.

    That's why I wanted someone to look at the letter of claim to see it complies. I don't know what to put in my letter to them as this is totally alien to me. Upon receiving the PCN through the post, I did go to the car park to check for signage. They are there but haven't been seen on previous visits to that car park. I still need help please
    • pappa golf
    • By pappa golf 6th Feb 18, 12:50 PM
    • 8,706 Posts
    • 9,283 Thanks
    pappa golf
    • #4
    • 6th Feb 18, 12:50 PM
    • #4
    • 6th Feb 18, 12:50 PM
    BW are on a roll , sending out over 2000 claims per month , hoping many people will have moved and issuing default CCJs

    there days are numbered , see The deeps post


    many cases are dropped or they fail to pay fee/not turn up

    fight hard , dont let them win
    Save a Rachael

    buy a share in crapita
    • IamEmanresu
    • By IamEmanresu 6th Feb 18, 1:01 PM
    • 2,069 Posts
    • 3,680 Thanks
    IamEmanresu
    • #5
    • 6th Feb 18, 1:01 PM
    • #5
    • 6th Feb 18, 1:01 PM
    BW are on a roll , sending out over 2000 claims per month
    You may be underestimating this as BW claim to have 1mn claims under way - mainly Lowell Portfolio and other [real] debt buyers
    Idiots please note: If you intend NOT to read the information on the Notice of Allocation and hand a simple win to the knuckle dragging ex-clampers, then don't waste people's time with questions on a claim you'll not defend.
    • yorkshell
    • By yorkshell 6th Feb 18, 1:03 PM
    • 15 Posts
    • 8 Thanks
    yorkshell
    • #6
    • 6th Feb 18, 1:03 PM
    • #6
    • 6th Feb 18, 1:03 PM
    Would anyone be able to help me? I really don't know what to include in my letter, if I have a defence at all. I really need help please
    • KeithP
    • By KeithP 6th Feb 18, 1:07 PM
    • 5,701 Posts
    • 4,419 Thanks
    KeithP
    • #7
    • 6th Feb 18, 1:07 PM
    • #7
    • 6th Feb 18, 1:07 PM
    Until we know whether you have received a Letter of Claim or not it is difficult to know how you should respond.

    Have you read post #2 of the NEWBIES FAQ sticky/pinned thread yet?

    There are robust response templates in there, if indeed you have received a letter of claim.
    Last edited by KeithP; 06-02-2018 at 1:10 PM.
    .
    • yorkshell
    • By yorkshell 6th Feb 18, 1:09 PM
    • 15 Posts
    • 8 Thanks
    yorkshell
    • #8
    • 6th Feb 18, 1:09 PM
    • #8
    • 6th Feb 18, 1:09 PM
    I have received a Letter of Claim as stated in my first post. I would appreciate any help
    • KeithP
    • By KeithP 6th Feb 18, 1:13 PM
    • 5,701 Posts
    • 4,419 Thanks
    KeithP
    • #9
    • 6th Feb 18, 1:13 PM
    • #9
    • 6th Feb 18, 1:13 PM
    OK, then re-read post #2 of the NEWBIES FAQ sticky/pinned thread.

    There are robust response templates in there.

    There is also a link to the new debt protocol which lists all that they should've sent you. Compare that with what you have received.
    .
    • yorkshell
    • By yorkshell 6th Feb 18, 1:31 PM
    • 15 Posts
    • 8 Thanks
    yorkshell
    I've read that, many times, but I'm ensure whether the Letter of Claim I have received complies. I am unable to link the scanned document as I am new member. I just thinking it would be better to pay the fine as I haven't a clue what I'm doing
    • Coupon-mad
    • By Coupon-mad 6th Feb 18, 1:33 PM
    • 54,085 Posts
    • 67,754 Thanks
    Coupon-mad
    No it's not better to pay a non-fine!

    This is easy. Search the forum for:

    BW Legal solicitors immune

    Copy & adapt the letter everyone else has adapted. Easy peasy at this simple stage of a standard letter.

    NO-ONE HERE PAYS.

    YOU DO REALISE YOU WILL BE DEFENDING A COURT CLAIM IN THE COMING MONTHS (WHICH PEOPLE HERE ALMOST INVARIABLY WIN)?
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • yorkshell
    • By yorkshell 6th Feb 18, 1:34 PM
    • 15 Posts
    • 8 Thanks
    yorkshell
    Am I able to pm someone a scanned copy of the letter to look at?
    • yorkshell
    • By yorkshell 6th Feb 18, 2:17 PM
    • 15 Posts
    • 8 Thanks
    yorkshell
    This is the response I am planning to email to BW Legal.

    'Thank you for your letter of 30th January 2018.

    When your client's debt collectors first started contacting me, I asked them for details of the basis upon which money was being claimed, including all photographs taken of the vehicle at the relevant time plus photographs of the signage. No such evidence has been provided.

    You have now sent a Letter of Claim. However, your letter contains insufficient detail of the claim and, again, fails to provide the photographic evidence which I requested in early 2017. It does not even say what the cause of action is. Nor does it contain any mention of what evidence your client intends to rely on, or enclose copies of such evidence.

    This action on the part of your client is a clear breach of its pre-action obligations set out in the Practice Direction - Pre-Action Conduct, with which as solicitors you must surely be familiar (and with which your client, a serial litigator of small claims, must also be familiar). As you (and your client) must know, the Practice Direction binds all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time.

    Nobody, including your client, is immune from the requirements and obligations of the Practice Direction.

    I require your client to comply with its obligations by sending me the following information/documents:

    1. an explanation of the cause of action
    2. whether they are pursuing me as driver or keeper
    3. whether they are relying on the provisions of Schedule 4 of POFA 2012
    4. what the details of the claim are (how long the car was parked))
    5. a copy of the contract with the landowner under which they assert authority to bring the claim
    6. a copy of any alleged contract with the driver
    7. a plan showing where any signs were displayed
    8. details of the signs displayed (size of sign, size of font, height at which displayed)
    9. If they have added anything on to the original charge, what that represents and how it has been calculated.


    I am clearly entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction. I also need it in order to comply with my own obligations under paragraph 6(b).

    If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) !!!8211; Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and (c) and 16. I will draw to the court the fact that I have expressly requested this information in early 2017, yet your client has yet to provide it.

    Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.'
    • KeithP
    • By KeithP 6th Feb 18, 2:30 PM
    • 5,701 Posts
    • 4,419 Thanks
    KeithP
    That's good, but no mention of The Pre-Action Protocol for Debt Claims introduced on 1st October 2017.

    A few lines from the second and third paragraphs of Daniel san's letter might be appropriate.
    .
    • yorkshell
    • By yorkshell 6th Feb 18, 2:56 PM
    • 15 Posts
    • 8 Thanks
    yorkshell
    How about this? KeithP would I be able inbox you a link to the original Letter of Claim to make sure the email I'm sending is right?

    Thank you for your letter of 30th January 2018.

    When your client's debt collectors first started contacting me, I asked them for details of the basis upon which money was being claimed, including all photographs taken of the vehicle at the relevant time plus photographs of the signage. No such evidence has been provided.

    You have now sent a Letter of Claim. However, your letter contains insufficient detail of the claim and, again, fails to provide the photographic evidence which I requested in early 2017. It does not even say what the cause of action is. Nor does it contain any mention of what evidence your client intends to rely on, or enclose copies of such evidence.

    Your client must know that on 01 October 2017 a new protocol is applicable to debt claims. Since proceedings have not yet been issued, the new protocol clearly applies and must be complied with.

    Your letter clearly breaches both the requirements of the previously applicable Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2. Please treat this letter as a formal request for all of the documents / information that the protocol now requires your client to provide. Your client must not issue proceedings without complying with that protocol. I reserve the right to draw any failure of the Claimant to comply with the protocol to the attention of the court and to ask the court to stay the claim and order your client to comply with its pre-action obligations, and when costs come to be considered.
    Nobody, including your client, is immune from the requirements and obligations of the Practice Direction.

    I require your client to comply with its obligations by sending me the following information/documents:
    1. an explanation of the cause of action
    2. whether they are pursuing me as driver or keeper
    3. whether they are relying on the provisions of Schedule 4 of POFA 2012
    4. what the details of the claim are (where it is claimed the car was parked, for how long, how the monies being claimed arose and have been calculated, what contractual breach (if any) is being claimed)
    5. a copy of the contract with the landowner under which they assert authority to bring the claim
    6. a copy of any alleged contract with the driver
    7. a plan showing where any signs were displayed
    8. details of the signs displayed (size of sign, size of font, height at which displayed)
    9. If they have added anything on to the original charge, what that represents and how it has been calculated.

    I am clearly entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction. I also need it in order to comply with my own obligations under paragraph 6(b).

    If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) !!!8211; Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and (c) and 16. I will draw to the court the fact that I have expressly requested this information in early 2017, yet your client has yet to provide it.

    Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.
    • KeithP
    • By KeithP 6th Feb 18, 3:08 PM
    • 5,701 Posts
    • 4,419 Thanks
    KeithP
    KeithP would I be able inbox you a link to the original Letter of Claim to make sure the email I'm sending is right?
    Originally posted by yorkshell
    No, sorry that is not a good idea.
    The whole idea of forums, this forum in particular, is that any advice or opinions offered are in the open, for (at least) two reasons:
    1) Any response given on the open forum pages will be corrected by others if the poster gets it wrong, and
    2) any response given by PM may not be in the best interest of the enquirer.

    Which leads to another point:
    It is known that this board is frequented by the parking companies and as you are seeking help by PM be wary of anyone who PM's you offering advice - they may have a different objective to you.


    If you want to post a link to the letter here, please feel free to do so, but redact any personal info first.
    Post the link, but change the first http to hxxp. That way the forum software won't recognise it as a link.
    .
    • yorkshell
    • By yorkshell 6th Feb 18, 3:14 PM
    • 15 Posts
    • 8 Thanks
    yorkshell
    I did try and link the scanned document but because I am new to the forum, it won't allow me to. Hence why I asked if I could send it to you, for perhaps you to post on my behalf?
    • KeithP
    • By KeithP 6th Feb 18, 3:17 PM
    • 5,701 Posts
    • 4,419 Thanks
    KeithP
    I did write: Post the link, but change the first http to hxxp.

    I.e. paste the link into the reply box, but before hitting 'submit reply', change the http to hxxp.

    Someone will then correct it for you.
    .
    • yorkshell
    • By yorkshell 6th Feb 18, 3:20 PM
    • 15 Posts
    • 8 Thanks
    yorkshell
    I did that but it still won't let me do it. I'm try to attach from dropbox
    • KeithP
    • By KeithP 6th Feb 18, 3:24 PM
    • 5,701 Posts
    • 4,419 Thanks
    KeithP
    It's simple. See here:
    http://forums.moneysavingexpert.com/showpost.php?p=73799184&postcount=8
    .
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

3,900Posts Today

7,781Users online

Martin's Twitter