Advice on how to tackle

nosferatu1001

The responses are entirely helpful, but require YOU to answer the questions posed.

FloKane

Coupon-mad wrote: »

LOL, you must be joking:

1. You won't be paying anything, so stop ringing them and blabbing about who was driving...

2. We don't let posters here act like victims and pay these scumbag firms.

3. Of course there is no such legislation, it's not a real fine, it's a scam!

What to do in reply to a LBC, is in post #2 of that thread.

Hello again,


I would like to detail exactly what's happened so far in the hope I will receive some of the fantastic advice I've seen elsewhere on this forum.
I went to post 2 of NEWBIES as advised and sent the Daniel San letter in response to what I assume to be an LBC.


Here follows a key excerpt of that assumed LBC:
As you have failed to make a payment or raise an appeal within 28 days from the date of the PCN, the Balance Due remains outstanding and we require payment in full within 16 days from the date of this letter. If you fail to make payment or provide reasons for non-payment within the specified timeframe we will seek Our Clients instructions to commence Court proceedings against you which may result in you receiving a Letter of Claim pursuant to the Pre-action Protocol for Debt Claims as contained within the Civil Procedure Rules


Nowhere in this letter (from BW Legal) does it mention debt recovery. In the accompanying letter however, from TPS, they say BW are their approved legal service provider who will contact me 'regarding payment of the outstanding Balance plus debt recovery costs'.




I did not call the PPC. I did not admit who was driving when I called BW or in correspondence. I did in my first communication by email request the charge was reduced to the original 'discount' amount, to be reasonable, because I never received the PCN nor therefore had chance to appeal. (This was also before I thought to google/research).


In response to that email TPS said don't talk to us talk to BW Legal. BW Legal said they'd put it on hold while they consulted with their client and then came back and told me too bad, pay up.




So then I sent the Daniel San letter and BW legal responded but still with no actual evidence of the contravention. I have since my previous post done a LOT more reading, I've got approx. 30 tabs open I reckon at the moment, I've read the schedule 4, I've read the Pre-action Protocol and many posts on pepipoo where I see coupon-mad also advises. I felt some clarity at times but then I'd read on and it would cloud over. I have no confidence and really would appreciate patience with guidance and i'm sorry if that's irritating


I have prepared the following response to my latest BW letter, it is any good and if not how can I improve it and deal with my situation? Please




Thank you for your letter dated 19 July 2018.


You failed to provide the information I requested in my preceding letter dated 10 July 2018.


You have failed to provide the evidence which I have requested by phone 03 July 2018, email 04 July 2018 and post 10 July 2018 - that is evidence of any contravention. The period of parking to which the notice relates has not been stated to me having never received the PCN, and I have proved why with my V5 change of address.


Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it. The 30 days deadline for this ends 09 August 2018 after which I will raise complaint to the Information Commissioner's Office.


Furthermore I am alarmed by the inaccuracies in your letter, from a firm of solicitors. An error in reliance on schedule 4 in bullet point 3, an impossibility in bullet point 4 with omission of any of the detail requested and differing figures in bullet point 10 on page 2 to those on page 1 and in your letter dated 26 June 2018.


You also fail to provide the Information Sheet and the Reply Form requested and state this will be issued in due course yet expect me to contact you within 14 days to make payment.


It is astonishing and makes me concerned to think you might well be contacting vulnerable people demanding money with no real basis.


The debt is denied and you should refer the matter back to your client - further correspondence will be considered harassment.
I have been entirely willing to act in a reasonable and proportionate manner in all dealings, as soon as I was aware of the matter, I have been willing to resolve the matter reasonably without the need to start court proceedings and have exchanged sufficient information about the matter to help clarify whether there are any issues in dispute but I have not received the same from you, particularly in relation to the last point.


Please ask your client to note my new address effective as of 01 August 2018.

KeithP

Here follows a key excerpt of that assumed LBC:
As you have failed to make a payment or raise an appeal within 28 days from the date of the PCN, the Balance Due remains outstanding and we require payment in full within 16 days from the date of this letter. If you fail to make payment or provide reasons for non-payment within the specified timeframe we will seek Our Clients instructions to commence Court proceedings against you which may result in you receiving a Letter of Claim pursuant to the Pre-action Protocol for Debt Claims as contained within the Civil Procedure Rules

The phrase "which may result in you receiving a Letter of Claim" tells me that the letter you assumed to be a LBC was not in fact an LBC.

An LBC will not suggest you might get a Letter of Claim.

But you are where you are.

My suggestion would be not to bother sending any more letters to BWL until you actually do receive a Letter Before Claim, or as they appear to call it a Letter of Claim, from them.

Ignore further letters until that happens or you receive official court correspondence.

Coupon-mad

I have no confidence and really would appreciate patience with guidance and i'm sorry if that's irritating

It's not irritating, and we have the confidence for you.

I'd say this is the most important thing to say:

Please ask your client to note my new address effective as of 01 August 2018.

But make it stronger:

Finally, I require you and your client to note my new address for service which is now as follows:

xxxxx
xxxxxx
xxxxx

Should your client still believe a foray to court is worthwhile, any LBC or court claim must be directed to me at that address. Otherwise, I invite your client to cease and desist and BW Legal to move onto another of your pile of robo-claims where the poor victim is easier prey for the likes of a firm like yours.

FloKane

Hi there


An update on my situation. I got a letter from BW Legal to my now old address saying 'rest assured your file continues to remain on a hold while we await a response from Our Client'.
Which was kind of relieving.
That letter was dated August 6th.
Then I got a letter to my new address dated August 7th, also from BW Legal finally enclosing the penalty notice/evidence of my car overstaying in the car park.
The letter states I am liable for the full balance of £124 and to contact them within 14 days to pay up.


Your advice on where I should go with this now would be really great.



In my last letter I stated '
Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it. The 30 days deadline for this ends 09 August 2018 after which I will raise complaint to the Information Commissioner's Office.'
I did not make the complaint on Friday because I had received the first email saying on hold, however I have since received the evidence I requested (in the second letter which was dated before the deadline I set) so should I still complain to the ICO? I also now have a PCN number so would be able to make an appeal to POPLA but I don't know if that would be any good at this stage

KeithP

Is the letter you received on 7th August a Letter of Claim, or does it once more just talk about what might happen?

Who does it suggest you pay?

FloKane

Hi KeithP
The letter dated August 7th is brief, doesn't say anything much so I don't think it's a letter of claim. It could almost be back to the beginning of the cycle I guess..


'we write in reference to above matter and your recent correspondence,
find enclosed requested evidence
it is your responsibility to update your address with relevant agencies
the PCN was issued correctly and you are liable for full balance
please contact our office within 14 days of the date of this letter on 0113 323 4485 to discuss payment'

KeithP

Then just file it and wait patiently for a Letter of Claim or official court correspondence.

FloKane

Very good will do.
Thanks so much for the superfast reply


And then I may come back and ask for more assistance?

Quentin

Yes

But do read up on how to deal with a court claim in #2 of the newbies FAQ thread
That post covers Court claims right through from the lbcca to the hearing