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    • yorkshell
    • By yorkshell 6th Feb 18, 9:53 AM
    • 14Posts
    • 7Thanks
    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 2
    • pappa golf
    • By pappa golf 6th Feb 18, 3:27 PM
    • 8,706 Posts
    • 9,278 Thanks
    pappa golf
    get your link , change http to hxxp ,and copy/paste it at the bottom of your txt , do not try to insert link using link above
    Save a Rachael

    buy a share in crapita
    • KeithP
    • By KeithP 6th Feb 18, 3:28 PM
    • 5,624 Posts
    • 4,316 Thanks
    Try this way:

    Sometimes imagination is needed.
    • yorkshell
    • By yorkshell 6th Feb 18, 3:29 PM
    • 14 Posts
    • 7 Thanks
    Thanks, but as I'm trying to link from Dropbox and has www in it, it won't allow me to post.
    • KeithP
    • By KeithP 6th Feb 18, 3:31 PM
    • 5,624 Posts
    • 4,316 Thanks
    Thanks, but as I'm trying to link from Dropbox and has www in it, it won't allow me to post.
    Originally posted by yorkshell
    change www to xxx then. Imagination.
    • yorkshell
    • By yorkshell 6th Feb 18, 4:35 PM
    • 14 Posts
    • 7 Thanks


    Thanks KeithP
    Last edited by yorkshell; 07-02-2018 at 11:40 AM.
    • waamo
    • By waamo 6th Feb 18, 4:39 PM
    • 2,610 Posts
    • 3,205 Thanks
    This space for hire.
    • Coupon-mad
    • By Coupon-mad 6th Feb 18, 11:28 PM
    • 53,942 Posts
    • 67,615 Thanks
    It's disingenuous that they make it sound as if you must fill out an income/expenditure form, when in fact it is completely irrelevant for people who dispute the alleged 'debt'.

    I would add that somewhere, that they are misleading consumers by not qualifying that the income/expenditure form is only for use by hapless saps who 'admit the debt' (what is the matter with such people?) and add that you are aware that BW Legal were 'named and shamed' in a Parliamentary debate only last Friday, where MPs unanimously clamoured to expose rogue parking firms and their 'cosy relationship' with firms like BW Legal making a mint from their clients' rogue ticketing.

    Watch it (post #2 from the Deep). Twist the knife a bit, quote some words from the debate.
    Last edited by Coupon-mad; 06-02-2018 at 11:31 PM.
    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 7th Feb 18, 1:33 PM
    • 14 Posts
    • 7 Thanks
    Last draft before sending

    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.
    Your letter also states that an income/expenditure form requires completing. This is totally misleading, as it only relates to anyone who admits the debt.
    I am fully aware that BW Legal were 'named and shamed' in a Parliamentary debate only last Friday, where MPs unanimously clamoured to expose rogue parking firms and their 'cosy relationship' with firms like BW Legal making a mint from their clients' rogue ticketing and unfair fining. !!!8216;Poor signage, unreasonable terms, exorbitant fines and aggressive demands for payment have no place in the 21st century and companies like yourself are an absolute disgrace.!!!8217;
    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.
    • yorkshell
    • By yorkshell 8th Feb 18, 12:09 PM
    • 14 Posts
    • 7 Thanks
    Just sent. I'll let you know what response I get.
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