Letter of Claim - Residential Parking Space

Drivebycar

So I have just received a response on email from bw legal and wondering if I should respond to confirm this information? Any advice would be helpful.

“Good Afternoon



Thank you for your recent email, the contents of which have been noted on file.

Should you wish to discuss this matter via email, please confirm the following:



1.Please complete your full name



2.Please provide first line of your address



3.Please provide your postcode



You can also contact us by signing In or registering to our Online Portal at https://www.bwlegal.co.uk.



Should you have any queries please contact our office on 0113 323 4485.



Kind Regards,



bwlegal”

Drivebycar

Umkomaas wrote: »

As you have 4 tickets you should question the DVLA as to who obtained your details (using your VRM) and when. The PPC needs to have accessed your data on 4 separate occasions in order to invoke Keeper Liability. Give that date range from the first parking incident to 28 days past the fourth incident.

Email the DVLA giving your full name and postal address, the full name and address on the V5C (logbook) and the vehicle's registration mark (VRM).

SubjectAccess.Requests@dvla.gsi.gov.uk

Turning to your response to the LBC - could you give us the date of the post from which you copied that, because some of the references in your reply have been superseded.

DVOA response is as follows -

hxxp://i1240.photobucket.com/albums/gg500/Drivebycar/7E1E3177-A820-4192-AD61-E3DF0A841948.jpg

Le_Kirk

Here is your link made live (after checking): -
http://i1240.photobucket.com/albums/gg500/Drivebycar/7E1E3177-A820-4192-AD61-E3DF0A841948.jpg


There seems to be only three separate enquiries!

Umkomaas

Were the dates you gave to the DVLA sufficiently 'long' enough to include the date of issue of the 4th ticket?

Drivebycar

Umkomaas wrote: »

Were the dates you gave to the DVLA sufficiently 'long' enough to include the date of issue of the 4th ticket?

Yes they were at least up till 28 days after the tickets

The dates on the notices where 21st & 22nd of April, and 1st May. So I asked for up until the 1st of June

Drivebycar

Their response is as follows:

Good Morning



Thank you for your recent email, the contents of which have been noted on file.



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).


Our Client is not pursuing you as the registered keeper of the vehicle.


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


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


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 formed 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.


This is not a claim for trespass.


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.


Our Client is under no obligation to supply this.


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 are therefore deemed reasonable.


Accordingly, the full Balance is Due.



Please contact us within 7 days of the date of this email to discuss repayment.



Should you have any queries please contact our office on 0113 323 4485, or alternatively sign in or register on our Online Customer Portal at https://www.bwlegal.co.uk.



Kind Regards,



bwlegal

B789

Drivebycar wrote: »

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).

Are you dealing with someone with the intellectual capacity of a brick? Sorry, that’s a rhetorical question as we know the answer is yes. Apologies to all bricks for the association.

Please, please take this all the way, including a counter claim for harassment by incompetents.

Drivebycar

B789 wrote: »

Are you dealing with someone with the intellectual capacity of a brick? Sorry, that’s a rhetorical question as we know the answer is yes. Apologies to all bricks for the association.

Please, please take this all the way, including a counter claim for harassment by incompetents.

Oh I absolutely plan to counter claim when I am back in the UK. However for now I would settle for getting this dropped and enjoying my travels in peace!

What would you/any forum expert advise as the next step here?

Thanks in advance for your help

nosferatu1001

"Our Client is not pursuing you as the registered keeper of the vehicle.


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

These two statements are mutually exclusive


Your obvious next step is to respond to them, pointing out their complete nonsense of a reply, and requiring they actually read and note your original letter AND cirucmstances, as they have so far clearly failed to perform their duties with any reasonable skill and care.

Drivebycar

So BW legal have chosen to ignore my second response to them outlining the carelessness with which they responded to my initial contact.

Further to this I have just received 2 county court claims regarding 1 PCN each.

I have completed the AOS so I have some more time to draft my defence and am farily comfortable to do this as there are some great examples similar to my case at the moment.

My question is - If I wish to counter-claim for damages / tresspassing / breach of data protection etc, am I able to do this at a later date, or does this need to be processed as a counter claim within the 2 claims that are active now?