Rosendales now Bwlegal

arabesque_101

Mabinogion wrote: »

so what is an LBA is this letter a Letter Before Action?

LBA = "Letter Before Action".
The letter you have received is not an LBA.
An LBA is a formal letter, stating that they are about to take legal action (not thinking about, or "seeking instructions", but are about to take legal action).

Mabinogion wrote: »

if I don't do anything I will automatically get a CCJ

This is not true. To get a CCJ you have to have first:
i) Received an LBA
ii) Received a claim issued by a court stating the day you need to appear in court.
iii) Gone to court and lost (or failed turn up at court on the scheduled day without asking for an adjournment).
iv) Received an order by the court to pay a certain amount.
v) Not paid within 30 days.
So you are a long way from receiving a CCJ. And you have plenty more opportunities to pay along the way should you wish.

Mabinogion wrote: »

some are saying I should contact them

If you decide to pay it, but don't have the funds to pay, then you can contact them to ask for a payment plan. This is the only reason to contact them. If you have decided not to pay it (for now), there is no point contacting them. If you contact them, they will simply ask you:
i) When will they be receiving payment?
ii) If you can't pay the full amount, how much do you want to pay now?
The only reason they want you to contact them, is so they can engage you in a dialogue to get you to pay.
iii) Remember the "Final Warning" from Graham White Solicitors you received in April 2012? It wasn't a final warning at all, it was just another threat-o-gram.
iv) If you don't wish to pay them, then the only time to contact then would be in sending a robust written response (or email) denying liability.

You need to make your own decision as to whether to pay it. It's impossible to say whether legal action will occur or not, but what we can say is:
a) Legal action is most unlikely for parking events pre October 2012. This is because for pre October 2012, they need to prove who the driver was. Post October 2012, legislation was passed that meant they could hold the registered keeper liable. The people outside this forum giving you advice most likely don't know all the detail such as this.
b) You have received a lot of threat-o-grams so far. There is nothing to indicate the latest one is any different from any other.
c) Worst case scenario, if you received an LBA followed by a court claim, and you decided you didn't want to go to court, you would have the opportunity to pay it then before it went to court, and the matter would be over then.
d) You will definitely receive more threat-o-grams. It's not surprising the threat-o-grams scare you - that is why they send them.

arabesque_101

According to forum user "hoohoo" who is one of the more knowledgeable and experience members of the forum:
i) BW Legal are members of the CSA so BW Legal have to obey CSA's code of practice
ii) HooHoo says if you cause them hassle, BW Legal usually give up
iii) HooHoo recommends sending them a written denial and if they fail to obey the CSA code of practice, file a formal complaint with CSA.
iv) Replying in the correct way provides a paper trail that you are behaving reasonably should it ever goes to court. Replying also prevents them from adding debt collector costs (or if they add them, then then these costs can be readily challenged).


I refer to your letter dated xxxxxxx.

1. I have no intention of paying the money demanded by your client and any court proceedings will be vigorously defended.

2. Keeper liability does not exist in this situation, and therefore there is no cause of action against me. Keeper liability did not being until October 2012. Additionally, the signage cannot possibly form a contract in this location because the signage cannot be fully or safely read by a driver.

3. Should it be your clients intention to start court proceedings,they must provide a Letter Before Claim which complies with the requirements of Annex A Paragraph 2 of the Practice Direction on Pre-action conduct.

4. Please note that a failure and/or refusal to comply with the Practice Direction will result in a complaint being made to the court and an application for a stay of action and costs pursuant to the provisions of paragraph 4 of the Practice Direction on non compliance and sanctions.

5. In the meantime,you should note that this charge is disputed and you must now refer this matter back to your client and cease and desist all contact with me. Failure to do so will result in a complaint to the Credit Services Association.

6. Should you attempt to contact me again against my wishes then note that all such communications must be by letter post. For the avoidance of doubt, you are expressly forbidden to contact myself via telephone or email.

Mabinogion

Thank you so much for the above posts it has helped and explained quite a lot as I wasn't sure what an LBA was but now I do and the more you read it helps but confuses too as so many posts contradict one another sometimes so I get no where but the above posts have made it more clear now thanks.
I certainly do not want to pay the money so will do all I can not to, so is it best to write a 'robust letter' to them now like the example above or leave it until I receive an LBA (if I get one that is)? by the way I have two PCN's both for £144.
Where I was getting confused was where they said on the letter I received that I should contact them within the 16 days of that letter.

Coupon-mad

YES write a robust letter now.

YES write another one if they then reply or send a LBA. Do not leave BW legal letters unanswered; be assertive and reply every time.

BW Legal seem to be after low hanging fruit - ignorers or people who reply weakly. DO NOT say who was driving. Excel can't hold a keeper liable and you do not have to say (nor try to 'remember') who might have parked the car that day. Keep going, as HO87 says, do not panic. The only time you 'have to pay' is if you lost at a defended hearing - and if you finally did end up losing and paying, you still get no CCJ or any effect on your credit rating for fighting this to the end.

And no huge added solicitor's costs can be claimed, unlikely even the £54 they've added now. They are chancing their arm. Show them you know the score and it should be less likely they will pick you for court papers.

Mabinogion

Hello still hanging in there with the 3rd letter from BW Legal ~ this one was telling me that 'further to our letter dated July where we requested you to either pay the balance in full or provide your detailed grounds for disputing the PCN by Aug we are yet to receive payment and or a response to our letter'. 'Please pay the balance by 10th Nov to prevent legal action being taken ....£90 + £54...then they go on to say that in the event of County Court Proceedings are issued they would be seeking recovery not only for the balance but for their clients court fees and further solicitors cost and statutory interest which is added up in a little table ~ Principle debt £144 + Est int £35.80 + Est Court Fees £25.00 + Est Solic Costs £50.00 = Est Total £254.80.
Then they go on to tell me about the Beavis case and about a possible CCJ .
So I have never contacted them ever right from the start and they have stopped phoning me now as we have never answered them either on the phone so as this is the 3rd BW Legal letter should I still keep ignoring? the actual PCN was from Nov 2011 (twice) so 2 PCN's.
Any more advice please would be great

Umkomaas

The advice was given in post #15 by the most experienced and knowledgable private parking expert in the country. You seem not to have followed Coupon-mad's advice. Not sure there's much more to give.

YES write a robust letter now.

YES write another one if they then reply or send a LBA. Do not leave BW legal letters unanswered; be assertive and reply every time.

BW Legal seem to be after low hanging fruit - ignorers or people who reply weakly.

Expect the court papers you are sleepwalking into.

Mabinogion

Ok thanks for the above advice but as my 2 PCN's were Nov 2011 and all the new posts seem to be after that i have lost the plot a bit so which 'robust' letter should I write? could you give me an example or a link to an example please as there is so much advice on this site which is marvellous but a bit of a task for me as my eye sight isn't the best now so would be much appreciated please.
Thank you

Umkomaas

Mabinogion wrote: »

Ok thanks for the above advice but as my 2 PCN's were Nov 2011 and all the new posts seem to be after that i have lost the plot a bit so which 'robust' letter should I write? could you give me an example or a link to an example please as there is so much advice on this site which is marvellous but a bit of a task for me as my eye sight isn't the best now so would be much appreciated please.
Thank you

If you're unable to put your own letter together, then do a forum search over on PePiPoo and search on BW Legal Gan letter. Gan delivers very robust letters.

It would take me the same amount of time as it would you to search through for one of them.

Mabinogion

Ok thanks will do that and thanks for your help.

Mabinogion

Hello i am still struggling with what to do about all of the above. I received today a letter which on the left it says CLAIM FORM. Claimant Excel Parking Services Ltd.
And on the other side it says in the County Court Business Centre. Claim No. Issue Date.
So where i have been waiting for an LBC / LBA to write to them with some sort defence it's now to late then is it? As when i asked above about the letter i had received as to whether it was an LBC the reply was no it wasn't so what have i received today then and what to do next.?
I wish i had paid it all off now as i am at my wits end now.
Hoping for advice again please.
Thank you.