BW legal - Letter of Claim

Coupon-mad

I would reiterate the car as not parked in a bay but was merely picking up a passenger for the few minutes that took, and no contract or 'parking charge' was seen, let alone agreed, nor could contractual parking terms be expected to apply during a grace period for drop off/pick up.

The_Deep

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.

Mountains

I would reiterate the car as not parked in a bay but was merely picking up a passenger for the few minutes that took, and no contract or 'parking charge' was seen, let alone agreed, nor could contractual parking terms be expected to apply during a grace period for drop off/pick up.

Thanks I'll add this in under point 5 as the following

Is the claim for a contractual breach? If so, what are the names of the parties to it and provide to me a copy of that contract. Please note the car was not parked by merley picking up a passenger and no contract or 'parking charge' was seen, let alone agreed, nor could contractual parking terms be expected to apply during a grace period for drop off/pick up

I guess its ready to be sent now?

Is it best to send via post or email them? I can always set up an email account account purley for this

Coupon-mad

merley

AND

purley

ouch - rhyming typos!

Umkomaas

Murly and Purly - new legal firm at the trough of plenty? :rotfl:

Mountains

Many thanks for helping me ut including the spelling errors! :-) I received a response below after a short period. Let me know what you think!

_____________________________________________________________________________________

We write with reference to the above matter and thank you for your recent communication.
In response to the points raised in your correspondence:

l. Our Client's cause of action is that you breached the terms and conditions of the contract
which you entered into by parking your vehicle in the car park, by failing to display a valid
Pay & Display Ticket (PDT).

2. Our Client is pursuing you as the registered keeper of the vehicle.

3. Our Client does intend to reply on Schedule 4 of Protection of Freedoms Act 2012.

4. The details of the claim are that your vehicle parked without displaying a valid PDT.

5. The Parking Charge Notice (PCN) which you have been issued with is for a breach of
contract. The only right which you have to enter the land in question are on the Terms and
Conditions which apply. It is unnecessary to apply an analysis of offer. acceptance and
consideration quite simply because the contract was fanned on mutual promises. By parking
your vehicle in the car park you have entered into a unilateral contract with Our Client
Acceptance does not have to be communicated, the act of parking your vehicle is acceptance.
Please be aware that the contract between Our Client and the landowner is a legally privileged
document which you have no right to inspect. However, should this matter progress to court.
the contract will be adduced as evidence.

6. This is not a claim for trespass.

7. Our Client is under no obligation to supply this.

8. As established members of the Independent Parking Committee, Our Client adheres to their
Code of Practice for Private Enforcement on Private Land and Unregulated Car Parks ('Code
of Practice'). This Code of Practice gives recommendations in regards to the signage within
the Car Park. The signs within the car park comply with the recommendations in the Code of
Practice and arc therefore deemed reasonable.

9. £ 100.00 remains unpaid for the Parking Charge Notice. Additionally, you are also liable for
our £60.00 instructions for as your file has been passed to us.

In regards to the evidence which you have requested, we can confirm that your file has been placed on hold whilst we query this matter with Our Client.

We will contact you upon receipt of a response to your query, within approximately the next
30 days.

In the meantime, should you have any further queries and wish to contact us, please do not
hesitate to call us on 0113 323 44 79.

Yours sincerely

Mountains

I have noticed they mentioned the IPC with the incorrect definition of the acronym with independent and not international. Also, NCP are not even part of that group as they belong to BPA! They seem to have refused to address point 7 and ignored my statement about not parking in the first instance.

Looks like a templated letter to me.

Umkomaas

Looks like a templated letter to me.

And worse than that, there is no human intervention involved in the process whatsoever.

8. As established members of the Independent Parking Committee, Our Client adheres to their Code of Practice for Private Enforcement on Private Land and Unregulated Car Parks ('Code
of Practice').

I have noticed they mentioned the IPC with the incorrect definition of the acronym with independent and not international. Also, NCP are not even part of that group as they belong to BPA! They seem to have refused to address point 7 and ignored my statement about not parking in the first instance.

Well spotted. Whether they've got the IPC correctly described (yep, International - :rotfl: - or Independent), just confirms that this is an ill-constructed template.

Not only that, as you point out, NCP are neither members of the Independent Parking Committee, nor the International Parking Community. Why not create a bit of mischief with an email asking the BPA to confirm that NCP have now transferred AOS membership to the IPC?

Copy this in to the DVLA and ask them to confirm the transfer, as you are totally confused with what is going on here, especially as there is a serious threat of court action and you would like this cleared up, because you will wish both organisations' responses (BPA and DVLA) built into your defence and Witness Statement so that a Judge has a very clear picture of the current position before he/she announces any judgment in the case.

steve.c@britishparking.co.uk

ccrt@dvla.gsi.gov.uk

Seriously, do this so as to cause maximum mischief for BWL and NCP - who both are prepared to give you such similar grief!

You have to fight back, fight fire with even greater fire! The only way with these outfits.

System

Don't forget to send BW Legal a Subject Access Request too to get any other information they may have about you.

Castle

IamEmanresu wrote: »

Don't forget to send BW Legal a Subject Access Request too to get any other information they may have about you.

And also send NCP a SAR as well.