Appeal to the IAS or pay up?

The_Deep

It is a scam. Do not pay them a penny unless some brandied up old judge tells you to.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

KeithP

zsxd23456 wrote: »

Apologies if this is already covered elsewhere...

It is.

Re-read post #4 of the NEWBIES FAQ sticky thread.

beamerguy

zsxd23456 wrote: »

Hi again,

Ok so it took them over a year but VCS have now passed my "account" over to BW Legal. I have uploaded a censored copy of the letter but MSE isn't letting me provide a link to it as I'm a new user (any ideas on how to share it if needed are welcome).

Since I (stupidly) already admitted I am the driver I'm not quite sure where to go from here. The letter says I can dispute the charge via their website but it seems I need to register an account to do so - is there any reason I shouldn't register an account?

Apologies if this is already covered elsewhere, I've tried to read what I can but I'm not sure it's relevant to me since I've (again, stupidly) admitted I was the driver.

Any help would be greatly appreciated!

BWLegal .... boring copy and paste rubbish

Even though you said who was the driver, BWLegal/VCS have
to jump through many hoops and their track record is not
something a real solicitor would be proud of

Driver or not, everyone must prove against them, and that
includes the validity of signs, the visibility, the position etc.

But, do read up on this operator and their dodgy legals
You will see Excel, a sister company of VCS
https://forums.moneysavingexpert.com/discussion/5672664

WHY REGISTER >>>>> when the royal mail does a good job

Coupon-mad

Search the forum for BW Legal letter to see the umpteen hundred threads either showing 'your' letter already, or showing you which one needs a response, and how to respond.

zsxd23456

Ok so just to double check. I am about to send the following to BW Legal via email, based on Daniel san's post in the thread "New parking regulations at home..." dated 3/10/17. I apologise if this seems obvious to the people in the know on this forum but I will sleep a lot better tonight if I have a knowledgeable person give me the thumbs up.

Any advice, even it's it's just a "yes, that's fine", would be greatly appreciated.

---

Dear Sirs,

I am in receipt of your letter dated 27th March 2018 which does not state it is a Letter Before Claim but will be treated as such.

Your letter contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon.

Your client must know that on 01 October 2017 a new protocol is applicable to debt claims. Since proceedings have not yet been issued, the new protocol clearly applies and must be complied with.

Your letter lacks specificity and breaches both the requirements of the previously applicable Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2. Please treat this letter as a formal request for all of the documents / information that the protocol now requires your client to provide. Your client must not issue proceedings without complying with that protocol. I reserve the right to draw any failure of the Claimant to comply with the protocol to the attention of the court and to ask the court to stay the claim and order your client to comply with its pre-action obligations, and when costs come to be considered.

As solicitors you must surely be familiar with the requirements of both the Practice Direction applicable pre-1 October and the Protocol which applies thereafter (and your client, as a serial litigator of small claims, should likewise be aware of them). As you (and your client) must know, the Practice Direction and Protocol bind all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time. It is astounding that a firm of Solicitors are sending a consumer a vague and unevidenced 'Letter before Claim' in complete ignorance of the pre-existing Practice Direction and the new Protocol.

Nobody, including your client, is immune from the requirements and obligations of the Practice Direction and now the Protocol.

I require your client to comply with its obligations by sending me the following information/documents:

1. An explanation of the cause of action
2. Whether they are pursuing me as driver or keeper
3. Whether they are relying on the provisions of Schedule 4 of POFA 2012
4. What the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated
5. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
6. Is the claim for trespass? If so, provide details.
7. Provide me a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1 !!!8220;establishing yourself as the creditor!!!8221;
8. A plan showing where any signs were displayed
9. Details of the signs displayed (size of sign, size of font, height at which displayed)
10. Provide details of the original charge, and detail any interest and administrative or other charges added
11. Provide a copy of the Information Sheet and the Reply Form


If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) !!!8211; Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and (c) and 16 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.

Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.


Yours faithfully,

Coupon-mad

Did they already include this?

11. Provide a copy of the Information Sheet and the Reply Form

zsxd23456

Coupon-mad - thank you for the reply!

Not that I can see. The envelope contained 2 letters, one from VCS saying the account has been passed over to BW and one from BW which was general blurb about the "outstanding balance" and how to pay/how long I have to pay etc. On the reverse of that letter was info about how to pay/debt advice/making a complaint/payment form etc. but nothing for me to fill in as a reply as such.

Let me know if you want any further information.

Coupon-mad

No that's fine, send them that reply, ideally by email/portal as it's not worth a stamp.

They will then send the reply forms and a pile of photo rubbish, and will press ahead to a claim (probably, although VCS are not prolific) which is good, because it's where these cases are finally won.

KeithP

I'm still not sure why you are so intent on replying.

Is the letter you have received from BWL a Letter Before Claim or not?

In post #15 it was suggested you compare the letter you have received with others.
Did you do that?
Having done that you will have been able to decide whether yours was a LBC, and thus warranting a response, or not.

zsxd23456

Thanks again Coupon-mad, I really appreciate your time!

I'm sending this via email as you're right - they're not worth a stamp! Funnily enough I tried to register for their portal and was having problems so I called them up to try and get my online account registered. Who would have thought - they tried numerous times to get me to discuss the case over the phone. Nice try BW, nice try...