Conkai Secuity / BW Legal - how to reply next

KeithP

The PPC has no evidence of who the driver is unless someone has told them.

Even if they have a very clear picture of the driver, they have no way of converting that into a name and address.

Even the police don't have that facility.

beamerguy

ojloverman wrote: »

However, I would be interested in finding out if they have any evidence of who the driver was (CCTV say?). How would I go about replying and requesting this information? Am I even allowed to ask this?

I am completely ignoring the bogus advice of ryandavis. Even if I could recall who the driver was, it is my prerogative not to divulge this information to a private company.

PPC's do not use CCTV and have no right of access
Data protection comes into play.
PPC's have enough problems using their own ANPR
which is only for number plate capture

It's like some of the idiot PPC's who claim a person
left a site, what are they doing, are they predators ?

PPC's in general are rogue traders and will get up to
anything to extort money.

And, of course it is up to you not to name the driver

ojloverman

Hi guys,

So following the advice above I ignored BW Legal, until a new letter arrived on my doorstep. The letter is dated 8th January. I am now seeking advice on what my next move should be. The new letter says

LETTER OF CLAIM

We have been instructed by Conkai Security Ltd to commence legal action in the form of a Claim against you in County Couurt, without further notice, in respect to the above debt, if payment or response is not received before .

(Yes they have seriously not put a date after before).

Then the letter goes on to outline the costs, encloses, and what I should do to pay.

Then in the section WARNING OF COURT PROCEEDINGS it says

If payment or response is not received by you by we are instructed to issue a County Court Claim without further reference to you, together with applying interest, fees and costs highlighted on previous page

Yes they have missed the date again. I guess their mail merge function isn't working!

Included with this letter are some additional documents.

REPLY FORM

You have 30 days from the date at the top of the enclosed letter to fill in and return this form

This form is then a series of check boxes regarding whether I owe the debt, dispute the debt etc. etc. Furthermore it includes a Income & Expenditure Form with BW Legal livery on it.

ANNEX 1 INFORMATION SHEET

This just appears to be a sheet outlining how to seek debt advice and how to fill in the reply form.

So there it all is. What is the next move with these jokers? Do I need to reply to this and fill in the reply form and Income sheet? I'm happy to see these lads in court, they failed to send the NTK in time and I am under no legal obligation to divulge driver details. So unless they can rely on the EvL or AJH Films cases I guess I will win in court?

Cheers

KeithP

Post #2 of the NEWBIES FAQ sticky thread explains exactly how to robustly respond to a Letter Before Claim.

ojloverman

It doesn't say LETTER BEFORE CLAIM, it says LETTER OF CLAIM. Are they the same thing?

ojloverman

Just reading the Post #2 of the NEWBIES FAQ sticky thread, I am not sure if all of the post 1st October letter is entirely relevant. It would appear that they have included the relevant documents (reply form, information sheet, income and expenditure form), and the interest etc.etc. However, what they have not included is any information on whether they are pursuing me as keeper or driver, details of the signs, and other numbered points raised in Daniel san's post.

KeithP

Read about Letter of Claim here:
www.stephensons.co.uk/site/businesses/srvdebt/letter-of-claim-debt-recovery/

They are suggesting an LOC is something different to a LBC.

Read the article and form your own opinion.

If parts of the sample LBC response letter are not applicable then adjust it accordingly.

ojloverman

Ok I will amend the LBC response appropriately and send that. Should I fill in the 'reply form' and income and expenditure forms? Or just send the amended LBC response letter?

KeithP

No do not use either forms.

Why on earth would you want to tell them all your personal income and expenditure?
That only becomes relevant if you need a payment plan setting up.
As you are planning on paying nothing...

Coupon-mad

Court claim forms also ask for 'income & expenditure' on one page, and people defending a claim in full DO NOT fill that bit in.

Come on, read it properly (as I said to my best friend when she cried down the phone about a claim form, and was planning on begging the aggressive claimant and filling in the income & expenditure guff like some sort of weak victim)! Not a parking case, but she won.