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Court papers received for BW Legal / VCS. Ltd PCN. Help please with draft response
jon_nic
Posts: 6 Forumite
Hi
I have received in post (1st sept 2016) court papers and a letter from BW Legal in relation to unpaid PCN from Vehicle Control Services ltd from October 2015. They are making a small claim court demand for £254 , £100 for the original PCN and rest is solicitor fee and interest at court standard rate.
I have acknowledged the court papers at Moneyclaim.gov.uk to give me 28 days to prepare a full defense and stop a default CCJ. I am the registered keeper but do not recall parking at the alleged spot ( it is almost a year ago) and also i have so far ignored all threat letters i have received in post as i assumed them to be illegitimate.
After reading a few posts here, i think the best course of action is to now send a letter demanding further info from BW LEGAL, i have drafted something, what do you experts think... is there anything else I need to add?
Any help is greatly appreciated!
DRAFT letter to BW legal...
Without prejudice.
In relation to your letter (Ref. ) and the PCN of Exteter street/ Exeter place, from your client, Vehcle Control Services.Ltd (VSC.Ltd): I, the registered keeper of xxxxxx, deny any debt owed or allegation of breach of contract. I acknowledge only the court claim, dated 30th August and show my intent to fully defend this claim. As the driver has not been identified in your correspondence, and the information you have provided myself is inadequate; I require the following information to support the defense against your claim.
1) Is the claim submitted to the keeper of xxxxxx in relation to an alleged Breach of contract?
2) VSC.Ltd or BW legal shall provide photograhic evidence that any PCN was attached to xxxxxx at the alleged location.
3) Provide evidence that xxxxxx has parked on private property without permission beyond reasonable doubt.
4) Provide sufficient photographic evidence that signs were prominently displayed, of sufficient size and unobstructed, such that the driver could clearly see them at the time of the alleged contravention.
5) Was an invoice to the Keeper ever made? Provide evicence and is it the assumption of VSC.Ltd that the keeper is also the driver at the time of the alleged contravention?
6) Does VCS.Ltd claim that the fee of £100 a true pre-estimate of loss incurred by an alleged breach of contract? provide evidence that such loss has been incurred.
7) If the charge is based on a contractually agreed sum for the provision of parking please provide a valid VAT invoice for this 'service’.
8) Does the Landowner of ‘exeter place’ give express permisson for VSC.ltd to operate a parking enforncement scheme on their land? Provide sufficent evidence which shows VCS.Ltd can proclaim such jurisdiction. please a copy of your contract with the landholder that demonstrate that you have their authority.
Also, What is the full legal identity of the landowner?
9) BW legal to explain the discrepancy in the solicitor fee which is also being claimed in the the court paper, which is of a differing value.
Should you still wish to make a claim against me using the small claims court, i expect you to reissue a claim with your legal costs removed. I refer in particular to your claim for £xxx solicitor costs and £xxx contractual costs. Even if you can provide evidence they were incurred, you must be fully aware that they cannot be recovered in the Small Claims Court. Your ignorance is noted. I also note your misrepresentation of the consequences of a judgement, as your threat of CCJ is not legitimate, since I and my litigation officer will be defending this fully in court, should you still wish to proceed with the claim; there can be no CCJ entered against me regardless of the judges final decision. Your threats are unwelcome and will be looked on by a Judge as disproportionate in relation to the nature of the alleged contravention.
As outlined in … you are required to provide the above information to me in writing within 14 days
A copy of this letter has been forwarded to your Client, VCS.Ltd also.
I have received in post (1st sept 2016) court papers and a letter from BW Legal in relation to unpaid PCN from Vehicle Control Services ltd from October 2015. They are making a small claim court demand for £254 , £100 for the original PCN and rest is solicitor fee and interest at court standard rate.
I have acknowledged the court papers at Moneyclaim.gov.uk to give me 28 days to prepare a full defense and stop a default CCJ. I am the registered keeper but do not recall parking at the alleged spot ( it is almost a year ago) and also i have so far ignored all threat letters i have received in post as i assumed them to be illegitimate.
After reading a few posts here, i think the best course of action is to now send a letter demanding further info from BW LEGAL, i have drafted something, what do you experts think... is there anything else I need to add?
Any help is greatly appreciated!
DRAFT letter to BW legal...
Without prejudice.
In relation to your letter (Ref. ) and the PCN of Exteter street/ Exeter place, from your client, Vehcle Control Services.Ltd (VSC.Ltd): I, the registered keeper of xxxxxx, deny any debt owed or allegation of breach of contract. I acknowledge only the court claim, dated 30th August and show my intent to fully defend this claim. As the driver has not been identified in your correspondence, and the information you have provided myself is inadequate; I require the following information to support the defense against your claim.
1) Is the claim submitted to the keeper of xxxxxx in relation to an alleged Breach of contract?
2) VSC.Ltd or BW legal shall provide photograhic evidence that any PCN was attached to xxxxxx at the alleged location.
3) Provide evidence that xxxxxx has parked on private property without permission beyond reasonable doubt.
4) Provide sufficient photographic evidence that signs were prominently displayed, of sufficient size and unobstructed, such that the driver could clearly see them at the time of the alleged contravention.
5) Was an invoice to the Keeper ever made? Provide evicence and is it the assumption of VSC.Ltd that the keeper is also the driver at the time of the alleged contravention?
6) Does VCS.Ltd claim that the fee of £100 a true pre-estimate of loss incurred by an alleged breach of contract? provide evidence that such loss has been incurred.
7) If the charge is based on a contractually agreed sum for the provision of parking please provide a valid VAT invoice for this 'service’.
8) Does the Landowner of ‘exeter place’ give express permisson for VSC.ltd to operate a parking enforncement scheme on their land? Provide sufficent evidence which shows VCS.Ltd can proclaim such jurisdiction. please a copy of your contract with the landholder that demonstrate that you have their authority.
Also, What is the full legal identity of the landowner?
9) BW legal to explain the discrepancy in the solicitor fee which is also being claimed in the the court paper, which is of a differing value.
Should you still wish to make a claim against me using the small claims court, i expect you to reissue a claim with your legal costs removed. I refer in particular to your claim for £xxx solicitor costs and £xxx contractual costs. Even if you can provide evidence they were incurred, you must be fully aware that they cannot be recovered in the Small Claims Court. Your ignorance is noted. I also note your misrepresentation of the consequences of a judgement, as your threat of CCJ is not legitimate, since I and my litigation officer will be defending this fully in court, should you still wish to proceed with the claim; there can be no CCJ entered against me regardless of the judges final decision. Your threats are unwelcome and will be looked on by a Judge as disproportionate in relation to the nature of the alleged contravention.
As outlined in … you are required to provide the above information to me in writing within 14 days
A copy of this letter has been forwarded to your Client, VCS.Ltd also.
0
Comments
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you have 28 days to submit a HOLDING DEFENCE (skeleton defence) , not the FULL defence , hence why you only get 122 lines
the FULL defence comes later down the track , a few weeks before the court hearing
is that a part 18 questionnaire ?
you need to proof read it , it has lots of spelling errors, not good for a legal document0 -
hi, Yes it is very much a draft letter to BW legal and not proof read.
I want further evidence from BW legal so I suppose this is part 18?
just making sure i have the points covered.
thanks0 -
They won't do that and in fact, you don't want them to make the claim look more reasonable...Should you still wish to make a claim against me using the small claims court, i expect you to reissue a claim with your legal costs removed.
So, I would say, shorten the Part 18 request and send it off, by email not letter. Do not wait for a reply.
Just move on to drafting the defence, based on the other BW Legal defences on here and on pepipoo:
http://forums.pepipoo.com/index.php?showforum=60
Show us the defence and can you confirm where this was? Might be similar to another one. It would be a good idea perhaps to search this forum board and pepipoo for the location main word along with the word 'defence' to see if one has been written recently that almost exactly matches.
Don't read anything not from this Summer.
Do not respond if any poster contacts you by pm offering to 'help' off-forum. Generally, we do not do that and the person could be anyone/from the dark side - if you get a private message, name the poster here first. If they have less than 1000 posts, do not respond to that person at all.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Thanks
I'll shorten the letter and remove the part you highlighted. Is email the best method? would it hurt if i emailed and posted just to make sure they can't miss it and to show i have tried my best for them to receive it?0 -
Yep that's OK if you must waste a stamp. I wouldn't.
This is the car park round the back of a pub is it? We've seen this place mentioned before and (especially if the car arrived when it was dark) signage will be worth arguing as being unclear. Please the usual defence points you see on lots and lots of BW Legal threads on here and on pepipoo forum.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Read the Gan letter here about the £54 which is ultra vires..
http://www.pepipoo.com/forums/lofiversion/index.php/t98605.htmlYou never know how far you can go until you go too far.0 -
ok
have emailed the part 18 request.
the exeter place is on a scrapy bit of land behind the pub "exeter arms" as the link below hopefully shows.
goo.gl/maps/77WQ4QccMN120 -
PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Hi , Yes the signs seem tiny in this photo... something i hope to be pointing out for defence. this is not even a car park.. it is a flattened building and its the foundations, next to a derelict building.. there is no reason to be claimng £100 for pre-estimate of loss there.?0
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