BW Legal LBA?

The_Deep

They are down market bottom feeders operating at the outer edges of the law, and you are according them far more respect that they merit.

Make robust complaints in writing to the SRA, your MP, and your local Trading Standards Department about unprofessional conduct and attempting to obtain monies to which they have no entitlement by deceit, copying the letters to them. The more complaints the SRA get, the more likely they are to sanction PPC hacks, and the more it costs them.

morpheus83uk

Thanks.

Just to be clear they mention "Furthermore, our legal fees of £54.00 are reasonable for a professional law firm dealing in this type of legal work and payment of such fees was detailed in the terms and conditions located within the car park"

Can they actually do this as I thought that Exel would have to pay these?

They also mention about the contention that the PCN charge of £100 is likely to be a penalty and is an unreasonable amount and refer me to ParkingEye Limited v Beavis [2015] UKSC 67 where the supreme course held that PCN charges like this serve legitimate commercial interest and that the relevant car parking Codes of Practice also give guidance that £100 is a reasonable sum to charge.

They also note they are not upholding my letter as a complaint on the basis that they are not breaching the 'practice direction' nor misrepresenting the legal process. They state their initial letter clearly states that a county court judgement may have an effect on your creditworthyness. and then go on to say if I fail to contact them in the above timeframe our client has instructed us to initiate county court proceedings.

It just seems very specific or does it sound like a standard letter?

I will of course search the forums and google around, just one other thing is the SRA the Solicitors Regulation Authority?

Thanks

James

Quentin

morpheus83uk wrote: »

.... is the SRA the Solicitors Regulation Authority?

Yes. .

Coupon-mad

morpheus83uk wrote: »

Thanks.

Just to be clear they mention "Furthermore, our legal fees of £54.00 are reasonable for a professional law firm dealing in this type of legal work.''

Can they actually do this as I thought that Exel would have to pay these?

No, they can't add £54 fixed fee for template letters; this is not legal work and it is very possible that no such fee has been paid at all. But they will always try it on in the hope of a Judge who accepts it. You will find this covered in lots of 'BW Legal £54' threads on here and on pepipoo when you Google. Loads of robust ways to respond, do not leave the ball in their court, always reply.

and payment of such fees was detailed in the terms and conditions located within the car park"

No it wasn't. WE KNOW there is no mention of £54 in the 'contract' on the signs.

morpheus83uk

I have had a look around the forums and I am unable to find something which seems to be a response to this letter. I have come across this which is a letter from LoveNorfolk which looks like its to the SRA.

https://forums.moneysavingexpert.com/discussion/5490266

I think this refers to the initial letter however not this one but I could be wrong.

Please could someone point me in the direction to respond to this letter as I am unable to find something.

With regard to the £54 I was thinking of attaching an image of a sign in the Peel Center mentioning that it was taken but not in the particular part where I parked since there were no signs when I parked there. This could clearly show that there fee is not detailed in the terms and conditions displayed in the car park and their fee is not valid?

What are peoples thoughts on this?

Thanks

James

Redx

almost the whole world knows about the inadequacies of the signage on the Peel Centre, as a place it features more times than any other car park other than airports like JLA

but they have had signs up (3 or 4 different types over the years) for at least 5 or 6 years at that car park , probably longer, they even took Martin Cutts to court and lost back in 2011 which featured on tv and in the papers

parking prankster has also blogged about that car park and its signage a few times in the last 4 years too

if you use the search box and the search words as described earlier you will find responses to BW LEGAL, both on here and on pepipoo, I can assure you

people will point you in the right direction, but as volunteers they wont do the work for you , or instead of you

coupon-mad`s replies tell you what to do, so I see no reason why you cannot do as she said

morpheus83uk

Ok so some further searching and again LoveNorfolk response I think may apply but I am unsure please could you let me know?

https://forums.moneysavingexpert.com/discussion/5490266

Thanks

James

morpheus83uk

I have had a look around and I have drafted my own letter which I would like you to have a look through and ensure that it is ok before I sent it.

Dear BW Legal,

I reference you letter dated 1st August 2016. I apologise for the delay in replying however I have recently returned in the country.
Yes I dispute the PCN however as this is not the county court process I deny the debt since it is not valid and should not therefore be pursued by yourselves or your client.
I am very much aware of where the PCN was issued as your client has harassed me for payment since this date.
The alleged contravention should not be pursued due to your client not having any signage up in the Peel Centre, Stockport (“Car Park”) to be available to have any terms of contract to be entered into. Hence this ticket is null and void and is again denied.
The parking charge of £100 is contested due to it not being a reasonable amount for a supposed £2 ticket. They serve a legitimate commercial interest in that they make a huge profit on the amount to be paid for using threatening letters and scare tactics.
I have read one the terms and conditions of your client’s “contracts” and it doesn’t state any payment of legal fees.
Yours,


Please let me know of any modifications I may need to make.

Thanks

James

Redx

their client definitely has signs up and has done for years , the quality and quantity of signage may be in dispute and a source af a defence point , but to say Excel have no signs up is an unbelievable statement to make (unless your paperwork cites V.C.S. ?)

morpheus83uk

When I went in there I didn't see a sign near KFC. They are all over the Peel Center and when I went yesterday they have an entrance sign now which wasn't there before.

Would it be better saying signage in inadequate?

Other than that is everything else ok?

Thanks

James