BW Legal - Letter of Claim

wakattack888

Hi all,

I posted a similar thread back in 2014 and this thread is with regards to the same parking fine. Things have changed since then and I have now got the most recent letter from BW Legal which states that it is a LETTER OF CLAIM

I am in desperate need of some help regarding an unfair parking fine from Excel parking.


The series of events is as follows.


1. I parked for less than 15mins at a car park in the north west.
2. I paid in full and did not outstay my welcome. I also parked within a correct space and did not receive a notice placed on the car.
3. Two weeks later a PCN came through the post with pictures of my car entering and leaving the car park. The mistake I made was to only enter the number of the car registration and not the complete registration, into the pay and display machine (i.e 53 instead of xx53 xxx).
4. As there was no notice placed on the car I had no reason to keep the ticket therefore binned it soon after.
5. I appealed to POPLA and although Excel admit that they have a record of my payment with the reg number 53 the appeal was refused.


The latest correspondence from BW Legal is Headed LETTER OF CLAIM

I now have no idea of my next step, I don't plan to pay as I simply made a small mistake on the day and Excel parking therefore have had no loss. They even admitted to POPLA that they had the record of payment.

The letter states that the contravention is; Parking without displaying a valid ticket/permit.

it has estimated court costs and then goes on to warn me about CCJ's etc.

The final pages have options.
1. I agree I owe the debt - NO
2. I we some of the debt - NO
3. I don't know - NO
4. I Dispute the debt - YES
(It then gives the option for you to give a reason why you dispute the debt.)

Should I fill the form out and state that I paid, I didn't outstay my welcome and that I merely entered the abbreviated registration?

Or?

Please help

Redx

edit the above and remove any hint of who was driving

are you so naive that you dont think that BW LEGAL and EXCEL monitor public forums like this one (or that they dont know how to do screenshots ?)

THE DRIVER is the one that "parked"

THE DRIVER is the one that paid

THE DRIVER made a small mistake on the day , maybe ?

once the above has been edited , READ post #2 of the NEWBIES sticky thread and form an LBC response to go back to BW LEGAL

this wont be the end of it , so be prepared for the long game

ps:- was the driver identified in the original pcn appeal and popla appeal ?

KeithP

Bit late for that advice Redx.
Reading the OP's earlier thread, particularly the last post, it looks like Excel already know who the driver is.

Redx

thanks , dearie me , talk about blabbing and wasting the original golden ticket popla appeal 3 years ago

Coupon-mad

The latest correspondence from BW Legal is Headed LETTER OF CLAIM

Show that to us, please. You CAN post links and please don't ask how, fed up with answering that one!

And some homework for you because you need to understand your case and their failings:

Tell us whether you think it complies with the new CPR on pre-action conduct (debt claims):

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/pre-action-protocol-for-debt-claims.pdf

https://www.hilldickinson.com/insights/articles/new-pre-action-protocol-debt-claims

wakattack888

Hi
Thanks for the help COUPON-MAD

I have read the pre action protocol and the only thing I can see wrong is that BW have not complied with;

iii. where the debt arises from an oral agreement, who made the agreement, what was agreed (including, as far as possible, what words were used) and when and where it was agreed
iv. where the debt arises from a written agreement, the date of the agreement, the parties to it and the fact that a copy of the written agreement can be requested from the creditor


Please check out the below for a copy of the letter.


imgur.com/a/hMliu

KeithP

https://imgur.com/a/hMliu

One thing that does appear to be missing is - no time limit set on when payment or rebuttal must be received to avoid court action.

Edited to add:
...but the 30 day limit may be on the 'information sheet'. Is it?

wakattack888

Hi KeithP
You are correct the letter does not state the date of which I need to reply. It seems as if they have failed to fill in the blanks on their letter of which will obviously be a basic template used time and time again.
It does however state 30days on the Annexe1 Information Sheet that was enclosed. (the information sheet is a carbon copy of the pre action protocol as shown on the link by Coupon Mad)

??
I'm still struggling to work out my next step.