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New letters from BW legal. Court papers now issued! Please help!!!

Hi All,

Hi all!

I have been reading many of the treads on here and I am hoping you all are able to help?
I recently received letters from BW about a PCN issued in 2014. I can't remember parking in this area, I am not even certain I was driving (espically after 2 years), therefore I have ignored the letters.

However today I received a court claim form. This I obviously can't ignore but I am unsure what my rights are :-/
The fine demand is now £244! But I don't know whether to pay it to make it go away or is there a way to defend this?

I am very worried about this!

Many thanks in advance

Comments

  • catfunt
    catfunt Posts: 624 Forumite
    Fifth Anniversary 500 Posts Combo Breaker
    edited 13 November 2016 at 9:11PM
    Have a look at other BWLegal threads on this forum.

    This is defendable, the advice generally on here is not to pay, but defend.

    First you must acknowledge the claim (within 14 days), but leave the defence completely blank.

    You then have 28 days from the date of the claim (plus 5 days, I think...) to send in your outline defence.

    You will get help on here with that, but you need to do some of the legwork yourself. Have a read of other BW Legal threads, and cobble together an outline defence then post it on here for critique from the regulars. You will get help with fine-tuning it.

    It all looks a bit daunting, but think of it as a learning experience.

    Worst that can happen is that you lose, and have to pay probably less then the inflated amount they are claiming. A look through other threads will give you an idea why.

    Did you keep the letters? Particularly the original notice to keeper?

    Who is the PPC?
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    [FONT=Times New Roman, serif]There are a handful of solicitors who appear to be demanding monies to which they/their clients have no entitlement. BW Legal, Wright Hassle, SCS, Miah, and Gladstones among them. Some of the cases they ar pursuing are very old, some predating POFA, and totally without merit as they should only be pursuing the driver, not the keeper. They will often lie that there is a legal precedent, Elliott v Loake, which allow them to do this. This is a lie.[/FONT]

    [FONT=Times New Roman, serif]Lose a parking claim in a County Court and a PPC is unlikely to be awarded more than £200, made up as follows, parking charge, £100, solicitor's fees £50, court fees £25-£35, and a few pounds in interest. All of them only payable if a judge says so. [/FONT]

    [FONT=Times New Roman, serif]These solicitors know that their demands are unlawful but continue to demand these excessive charges because the can, because people see a solicitor's name on the letterhead, read the dire warnings they propogate, often misleadingly, and are intimidated into paying up.[/FONT]

    [FONT=Times New Roman, serif]What they may not know is that after hundreds of complaints, the solicitors regulatory body is investigating and you should, where you receive such a letter, copy it to the SRA with a complaint that they may be trying to defraud you.. Write to Duncan Allen here.[/FONT]

    [FONT=Times New Roman, serif]http://www.sra.org.uk/consumers/problems/report-solicitor.page[/FONT]

    A complaint should tie them up for a few weeks, and cost them money.
    You never know how far you can go until you go too far.
  • Thank you both for all your help and information. I'll have a look into the advice you have provided and try to get something together.
    I am trying to find the original letter but haven't been able to find them yet.

    I'll post back when I have more information :)
  • System
    System Posts: 178,376 Community Admin
    10,000 Posts Photogenic Name Dropper
    Was this Peel Centre?
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
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