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BW Legal Final Notice

Hi guys,

I know this question will have been answered about a thousand times on here, but everything I've read just ends up confusing me more!

In December 2015 we stopped in the car park of a shopping centre for about fifteen minutes, and didn't realise it as camera operated. It was a Pay and Display Car Park, so my wife waited in the car to breastfeed our daughter while I nipped into one of the shops. We figured it'd be a patrolled car park, and if somebody came round we could pay for a ticket then.

We followed the old advice of ignoring it, which we now realise was the wrong thing to do, and we've somehow managed to lose the first letter from Excel Parking, and possibly the second letter they've sent to us, and so the first letter we've got is one from Debt Recovery Plus dated the 31/3/16, "Demand for payment of an unpaid parking charge £160" and the latest one is from BW Legal, dated 30/9/16 "Final Notice" asking for the standard £100 plus £54 initial legal fee.

I do remember that the first letter contained CCTV images, and presumably if they still have the CCTV they'll also have footage of me getting out of the passenger side of the car, so there should actually be proof that the registered owner was not the driver, but really at this point I don't know how to proceed. I don't want to risk leaving it in the hopes they'll willingly drop it, but I really don't know what to do!

If I sent a letter, what would my arguments be? Ownership of land, no proof of keeper as driver and the charge not being equal to their losses? Am I best sending a letter now or waiting to see if they send a court letter?

I do realise that you're probably all sick of flogging this dead horse, but as I said, every thread I read confuses me more!

Thanks!

Comments

  • Coupon-mad
    Coupon-mad Posts: 153,092 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 12 October 2016 at 9:08PM
    If I sent a letter, what would my arguments be
    Same as in all the other BW Legal threads! That might sound a little flippant but it's not meant that way; you will find out soooo much more useful things - with examples of what to say to each silly letter - on the other BW Legal threads ahead of you in the letter chain/court claim conveyor belt.

    Complain to the SRA and CSA as well, along the way, once you have a clutch of misleading replies like everyone else. Respond EVERY time. Do not say who was driving.

    Oh, and on this forum and/or on pepipoo do not reply to any private message from a poster with less than 1000 posts to their name here. We deal with these issues openly on the forum and any pm could be from anyone at all (even the parking firm) and any private message about this is not recommended to be replied to/read.

    You can do this with our help. Also complain to your MP and Mrs May and that guy Corbyn as well:

    https://forums.moneysavingexpert.com/discussion/5524754

    Please do take time to make those complaints once you've read a few threads and can see the wood for the trees.
    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 THREAD
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    BW Legal are currently being investigated by the SRA SPA for a series allegations of misconduct, asking for a prohibited £54 is one of them.

    As CM says, complain to the SRA here.

    http://www.sra.org.uk/consumers/problems/report-solicitor.page

    the more complaints they get the more likely they are to be struck off.
    You never know how far you can go until you go too far.
  • Thanks for replying, my issue was that I don't understand how to complain once it's reached this stage. The advice in the Newbie thread jumps from debt recovery firms to mounting a defence in court, but I'm between those stages, and I read twenty threads on BW Legal and just got more and more confused. Should I be writing a similar letter to the first appeal in the Newbie thread? Or because this has gone so much further, do I need to craft something entirely different?
  • Coupon-mad
    Coupon-mad Posts: 153,092 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Take your cue from other BW Legal threads at this stage.
    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 THREAD
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    and I read twenty threads on BW Legal and just got more and more confused.


    It is not rocket science, but it is not painting by numbers either. You are expected to put a bit of work in yourself. This will start you off


    http://forums.pepipoo.com/index.php?showtopic=107836
    You never know how far you can go until you go too far.
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