Bw legal final notice

felicity1

Have received a 'final notice' from BW legal regarding an alleged offence going back to 2013, Peel Centre, Stockport. I failed to act as I should have done, and simply ignored the letters I originally received from Excel Parking and subsequently, Debt Recovery Plus, Gbp Roxburghe. I was too late for a POPLA appeal but I did email both the Peel Centre and Excel with a full explanation - I received a reply only from the Peel Centre, who will not help. Excel simply did not reply. I heard nothing from December 2013 until June 2016, when it seems my case has been passed to BW Legal. Can anyone advise please? Looking on this forum it would seem that actually, people are getting taken to court so I need to be prepared. For your information, I did purchase a ticket, I still have it, but failed to enter my registration correctly. I have provided Excel with a copy of this ticket and have pointed out that they are not out of pocket since I paid the correct fee, merely failed to enter my registration correctly.

Any advice gratefully received, thank you.

Redx

put the search words BW LEGAL into the forum search box and read any threads of a similar nature posted in the last 3 months, and only this year

follow the same advice given to all the dozens of others who have posted about the same issues and same BW LEGAL

keep all paperwork and that ticket , in case Excel try court ( they have 6 years to try court , like this thread and her previous thread https://forums.moneysavingexpert.com/discussion/5505546 )

here is ONE to start you off https://forums.moneysavingexpert.com/discussion/5492365

felicity1

Many thanks I did read the thread you linked to yesterday. I am confused though - is a 'final notice' the same as a 'letter before court'? If I do nothing and do not reply to a 'final notice' what will happen? Should I be replying to a final notice with a full defence?

Redx

a full defence does not go in until way down the court process , never before

take a final notice from BW LEGAL as an LBC, assume it is unless proven different , I would certainly take it as an LBC and reply with a GAN reply

if you do nothing I would say this will have an MCOL issued by Northampton , as I showed you in the links I gave you , because at the moment they are turning BW LEGAL letters into court claims further down the line , and the number seems to be increasing as we see this now every week on here and on pepipoo forums

search , read and learn , its that simple , especially read that kayleigh one I linked you to , it tells you all you need to know and she is further down the process than you are as she is dealing with an MCOL now after asking for help on here last year about the same car park

you may think her case is different , its not as far as Excel are concerned , because they have no payment logged for the VRM their cameras logged in and out of the car park, the same applies in your case , no payment for your VRM logged on the system

I appreciate you bought a ticket and the wrong VRM was used, but Excel are being pedantic in order to raise their profits, its a sc@m yes , get used to it

read the court section in post #1 of the NEWBIES FAQ sticky thread, and the bargepole link , and parking pranksters court guide

reading these items tells you what happens and when , when a holding defence goes in and why , when a full defence goes in later in the process

do the research and you wont ask the same stuff others keep doing , because the FAQ addresses those issues

you never aid the opposition , so in this case you dont aid BW LEGAL , YOU PUT THEM ON THE SPOT

if an MCOL comes you cannot input a full defence as the box isnt big enough , its a bullet point SKELETON defence that is placed into that box , after careful thought and advice

using the forum search box also aids you in this research task

even if you use a GAN letter they may issue an MCOL

if you dont know what a GAN (from pepipoo) reply letter is (the one you should be sending) then you have not done enough research

I would say ignoring BW LEGAL will result in an MCOL

others may disagree, but I read this forum and pepipoo forums daily and the frequency is steadily and inexorably increasing post-BEAVIS

felicity1

Many thanks for taking the time to post - I am just feeling completely overwhelmed. I have spent overnight trawling through the stickies, old threads, etc and I must be dim because I simply don't know where to start, there is just so much stuff to trawl through and so many forums, abbreviations etc. Thanks anyway.

Redx

start with the NEWBIES sticky thread, 3 down from the top of this forum

post #2 answers abbreviations and acronyms

google search also aids with acronyms and abbreviations , so learn what we are telling you , while you have time

the crabman sticky thread contains an LBCCC FIGHTBACK sticky thread by lazydaisy so check that one , but use the GAN letters of reply once you find a suitable one (from 2016 , and as recent as possible)

the username GAN posts on pepipoo forums and his letters are well known and commented on , easily found , especially in the last few months since BW LEGAL ramped up their letters to thousands of unwary motorists

read that kayleigh thread and her previous one from last year (I linked it) , she is further down the process than you are and you have a better case (although as far as Excel are concerned they are identical, ie:- no payment on your vehicles VRM details)

do not read old threads , its pointless , especially since Nov 2015 when Beavis lost his case and parking companies have started more legal cases since then , so only read ongoing 2016 threads (except that Kayleigh thread and previous thread which outlines her case at the same Peel Centre)

for now you play letter tennis with BW LEGAL (or EMAIL TENNIS) as you are probably at LBC stage , not MCOL stage

I would say that kayleigh has not done this , hence the current MCOL , but you have the opportunity to do so , so take it

you dont need to look at any other forums other then this particular forum you are in now , the specific pepipoo forum that deals with these private parking tickets , plus maybe legal beagles , possibly C.A.G. , nowhere else will be of any use to you

like these discussions here about similar letters

_http://forums.pepipoo.com/index.php?showtopic=107565

_http://forums.pepipoo.com/index.php?showtopic=107048

hoohoo

BW Legal do file claims, so you should respond to this.

Dear BW Legal,

The debt is denied. The driver purchased a ticket and this information has been previously provided to your principal.
Please therefore refer the matter back to Excel.

Coupon-mad

felicity1 wrote: »

I am just feeling completely overwhelmed. I have spent overnight trawling through the stickies, old threads, etc and I must be dim because I simply don't know where to start, there is just so much stuff to trawl through and so many forums, abbreviations etc. Thanks anyway.

Hoohoo tells it like it is and the above would be fine. Responding is the important thing, it's not that overwhelming at all.

You should simply search the forum for 'BW Legal £54' to see what others have sent and then what they get next, so you are not surprised by each letter and get stressed. This is no biggie, even if you get court papers (honestly) as you will read on other threads. Nothing that can't be defended and worst case scenario would be if you lost you'd just pay about £175 and if you won (or if they discontinue) you'd pay nowt.

No effect on credit rating, no CCJ even if you lost and paid then. Nothing bad.

felicity1

Hi, just wanted to thank you all for posting your advice, I have now submitted something brief, along the lines of what Hoohoo recommended. I realise a lot of time is given voluntarily by experts on this board, so thank you. I have spent some time reading over your advice and plenty of letters, relevant cases, etc, and feel a bit better. Worst case scenario, I end up with my day in court, lose, pay a fee, and move on. Not ideal, but that's life. I will post with an update as soon as things progress. Once again, thank you for taking the time to help.

felicity1

Ok, so I sent a brief reply and denied the debt. However, today BW Legal have replied with a somewhat lengthy document pressing for full payment. Crucially, when detailing 'The Contravention', they have misrepresented the date the alleged offence took place, and entered the wrong date.

Can they proceed with a case, or am I naive in thinking this error could effectively throw this case out? My dh thinks they will simply reply with new paperwork with the corrrect date on.

Thanks,

Redx

it is letter tennis , therefore your new rebuttal will rebut what they claim in their new letter, by tearing it to shreds

I have seen several of these on here and more especially over on PEPIPOO and GAN + SRM tend to have replies which give you the content of what your rebuttal letter needs to say

this is like ping pong and could go on for some time

IGNORE and an MCOL will follow

keep replying and it may still end with an MCOL, but you should keep replying and keep copies in case it goes to court

I have seen some threads over there where they may be on the 4th or 5th reply

or this example on here , one of dozens

https://forums.moneysavingexpert.com/discussion/5515351