Bw legal letter

KeithP

Shadow0ftheday wrote: »

The letter I have received this morning says I have 30 days to respond to tell then wether I am accepting I am liable to pay the money or not.

I'm happy to do it I just feel a bit lost it's all bit complicated to me haha
I'll read through the thread again as I read it a few months ago. Just wanna make sure I'm not doing the wrong thing.

As you know, you need to read post #2 of the NEWBIES FAQ sticky thread.

Towards the top of that post are two links to sample robust responses to Letter of Claims.

Read them both and pick bits from them appropriate to your situation.

You need to check that BWL have supplied everything they should have supplied, and insist they supply anything missing.

Shadow0ftheday

Thanks guys!
Your advice and help is greatly appreciated. I'm determined not to give in to these scammers.

Shadow0ftheday

I dont know how to upload a picture of the letter that way, is it quite easy for you to explain? Bit of a techno phobe! Could use some advice. Ive read the newbies thread so ive got some ideas about how to respond. I just need to if theres any obvious things you can see that i can mention. You guys are the experts amd im stuggling i find it hard to understand things like this.
Thanks!

KeithP

Upload the picture to a free image hosting website like tinypic, the are are many others, then post a link to it here.

Before submitting your post, change http to hxxp.

If you can't manage that then either:
1) head over to the Techie Stuff board, or
2) grab any ten year old of the street to help you.

Shadow0ftheday

Thanks!
I know i sound really dense but i am with these things lol

fil_cad

Shadow0ftheday wrote: »

Thanks guys!
Your advice and help is greatly appreciated. I'm determined not to give in to these scammers.

Great give them FA :money:

Coupon-mad

Shadow0ftheday wrote: »

The letter I have received this morning says I have 30 days to respond to tell then wether I am accepting I am liable to pay the money or not.

I'm happy to do it I just feel a bit lost it's all bit complicated to me haha
I'll read through the thread again as I read it a few months ago. Just wanna make sure I'm not doing the wrong thing.

Search the forum, and these are the keywords I'd use:

Dear BW Legal yours faithfully

...not sure why that's hard for people to think of but no newbie here seems to. Obviously that's how to find examples of letters written to BW Legal!

Even if you hadn't thought about that search, then surely:

BW Legal 30 days

is fairly obvious as a good keyword choice to find what you need without asking us?

Always change 'show threads' to 'show posts' when searching this forum.

Shadow0ftheday

Thanks!
Ive never used forums before this so im totally clueless but noe you mention it obviously it makes sense. Thanks.

Is it okay to post the letter i plan to reply with tonight so i can get some feedback?

nosferatu1001

Yes, which you would know from having read other threads than just yours - you HAVe to do this, it is essential research.

Shadow0ftheday

Hello its me again,
thank you guys for your continued support, i know its probably frustrating helping people who arent too good with this stuff. I have done a first draft of my letter to send to BW legal in response the letter of claim i received from them. Any feedback would be great. I used the examples you guys directed me to and this is what ive come up with. am i right in thinking at this stage i dont need to mention any details that ill use to challenge them in court?
i have ignored any letters up until this point, mainly because they refer to me with the wrong title, spelled part of my address incorrectly and I never believed the driver even overstayed, the driver doesnt have the ticket to see as the letter came over a month after the car park was used. so probably got thrown away. thinking it was just a scam, i ignored them. which i now realise was not the right thing to do. but too late now.

anyway, here it is.

Bw Legal
Eneterprise House
Apex View
Leeds
West Yorkshire
LS11 9BH

DATE

Account number: xxxxxxxx

I am in reciept of your letter of claim dated xxxxx.

Firstly I state that I deny any debt is owed by myself to your client.

Your letter contains insufficient detail detail of the claim, I require your client to provide me with the following information or documents that you intend to rely on;

1- Wether they are persuing me as keeper or driver of the vehicle.
2- Wether they are relying on the provisions of schedule 4 of POFA 2012.
3- The details of the claim, ie. Where it is claimed the car was parked, any photographic evidence gathered at the time as proof of the alleged overstay.
4- Is the claim for a contractual breach? If so, I require a copy of that contract.
5- A copy of the contract with the land owner under which they assert the authority to bring the claim.
6- A plan showing where the sign are displayed in the car park.
7- Details of the signage, size of the signs themselves, size and font used, and the height at which each sign is displyed.
8- Details of the original charge, and details of any interest or administrative charges that have contributed to the inflation of the charge.

Please regard this letter as a formal request for this information, I am entitled to this information under paragraph 6 (a) and 6 (c) of the Practice Direction. Util your client provides with this information I am unable to comply with my own obligations under paragraph 6 (b), and will also be unable to respond properly to the alleged claim, and consider my position in relation to it. It would be entirely premature and a waste of costs and court time, to issue proceedings.
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); 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.

Your letter also provides an income and expenditure form, that requires completion. This is very misleading as it only relates to someone who admits the debt. I am fully aware of that BW Legal have been shamed in recent parliamentry debates, where MPs unanimously clamoured to expose rogue parking firms and thier 'cosy relationship' with firms such as BW Legal, making a mint from thier clients rogue ticketing and unfair fining. Poor signage, unreasonable terms, exorborant fines and aggressive and intimidating demands for payment have no place in the 21st century.

Yours Faithfully,

me.