BW Legal LBC

avontheman

Hi,

I'm from Scotland and I received a PCN in the carpark of the company I was renting a flat from at the time on a Sunday when I couldn't get a temporary parking permit which my tenants give out.

It was to offload my stuff into my flat and when I went to move my car I had the PCN on it.

I ignored everything sent and up until today, 7 months later(Which I think is an LBC?) I received this letter from BW Legal

I'm going on holiday and this isn't the time I'd like to be summoned to court incase it interferes with my time abroad.

It won't let me upload an image of the letter too

If anyone can help me I'd be very appreciative.

Thanks

System

I'm going on holiday and this isn't the time I'd like to be summoned to court incase it interferes with my time abroad.

They send these at peak holiday times to catch you out so unless you are away for a long period just forget it and go on holiday.

They have to give about 14 days from the LBC to send out a claim and you then have 14 days from the claim to allow you to answer it. In addition, if you were on holiday when the paperwork was sent you can apply for a set aside too.

If you domiciled in Scotland there are additional hurdles for them too.

avontheman

My holiday is late august though, will they take me to court or is it just another threat. I thought they only took the people with more than one offence to court to make their money back. Says somewhere in the letter about them starting court proceedings in 14 days.

System

Is the person to whom the letter is addressed in Scotland?

If so are they threatening Sheriff Court or County Court?

avontheman

Yeah they're threatening county court saying if I don't cough up £160 they'll go with the clients wishes and move forward by taking me to court. I don't know whether to correspond with them or ignore it because I don't know if they'll actually take me to court.

avontheman

They use language like "we may" though

System

Is the person to whom the letter is addressed in Scotland?

You missed answering that which is important. You cannot take someone resident in Scotland to the County Court. You confusingly say you are from Scotland but don't say if the letter has been sent to a Scots address.

avontheman

Oh right yeah, I'm in Scotland and it's sherrif court they're threatening not county sorry for the confusion

System

How do they know who was driving? Ignore it.

avontheman

Thanks
Is that a genuine defense? So they're just trying to scare me into paying it? And if they do take me to court what happens then?

Quentin

If you do get court docs (highly unlikely) then don't ignore them.


Details of the sheriffs court small claims summons rules:


https://www.scotcourts.gov.uk/docs/default-source/scr---sheriff-court-small-claim/chapter-6---service-and-return-of-the-summons-(actions-lodged-on-or-after-4-april-2011).doc?sfvrsn=14