Letter of claim from bwlegal

Palec

Hello,

I posted here my case in 2014, with replies not to pay and come back if the matter goes to court for proper defence as I appealed at a time and lost, now PPS want £160 for 8 minutes which took us to pay another £1 for extended parking...
I was reading about new law and excessive charges plus mitigating factors, well landowner has changed since then, PPS is not operating where we got fine in 2014...
Letter says to pay or I can be taken to court, just came from holiday, seems 30 days deadline I will not manage to reply, so if they decide to take me to court, will defend then as previously I was writing here about debt collectors who contacted me and in the past I have offered £10 for 8 minutes, because we have got proof from expired ticket and new ticket we purchased...
Mitigating factors should be considered by court I believe, so plan is waiting until court and defend in writing...
Any advice please? Please have a look at my post re PPS from 2014/2015, as now after 2.5 years they contacted me again.
Thank you.

thingamaBob

For info: Two previous threads both of which have been closed:-
Original thread Jan 2014: https://forums.moneysavingexpert.com/discussion/comment/64434073#Comment_64434073

2nd thread Sept 2015: https://forums.moneysavingexpert.com/discussion/5321867/deadline-from-debt-collectors-approaching

Palec

Correct, now they came back again as decribed above...

Palec

you are correct, so I should wait for court papers and not reply to bwlegal I suppose...

Quentin

Palec wrote: »

!!!8230;. so I should wait for court papers and not reply to bwlegal I suppose...

No.


Read up on this in #2 of the newbies faq thread near the top of the forum


That covers court claims from the receipt of the LBCCA (if that is what you have) to the hearing


You do respond to a LBCCA with a rebuttal (but don't complete and return their forms)

Palec

Hi, Thank you for reply, well I received letter of claim from company called bwlegal with a lot of forms, which I am not going to fill in, can go online https://www.bwlegal.co.uk
They act on behalf of PPS, if I do not reply till 7.8.2018, they can take me to court with estimated total of £270.95...

Palec

Should I reply via their website and I should probably be honest as it is causing a lot of distress since 2014 with gaps in communication...

Palec

Any suggestions, will not fill in their expenditure etc letters, but in the past I offered £10 for 8 minutes, I feel counter claim because of distress would be good idea, so that should I say I do not owe them anything this time?

KeithP

Re-read the last line of Quentin's most recent post.

Quentin

There is advice on how to deal with a lbcca in the FAQ as directed

See the rebuttal section in #2

You of course should be honest, but no need to give away anything that helps their case!

Put your draft letter up for comments before sending it

Palec

Dear BW Legal,

Thank you for your letter of claim dated xyrd of July 2018.
I would like to ask to stop patronising me and acting like you are a customer service agent.
This is now unwarranted harassment and your client is causing significant distress to me and my family.

It is important that you now stop contacting me pretending you are wanting to 'help' discuss an ''affordable payment arrangement'' for a debt that does not exist. I was in touch back in 2014 and 2015 with a view I am prepared to deal with your client via court only, after they refused my offer of £10 compensation for 8 minutes delay for administrative costs and requested £100 and we did not come to reasonable conclusion at a time. As I feel bullied for more than 12 months, actions of your client are causing significant distress and I am prepared to counter claim because feel discriminated as per Equality act 2010.
8 minutes late is well within any grace period that PPCs must allow in order to conform to the BPA Ltd AOS Code of Practice.
I am aware of the following two cases in the past year:

- on Friday 16th March, in case D8HW7G7P in the Slough County Court, another notorious ex-clamper parking firm (UKPC) lost an unreasonable claim against a beleaguered motorist and were found liable for the Defendant's ordinary costs and his £500 counter-claim for distress for a DPA breach by processing his data contrary to the Data Protection Principles.

- in May 2017, in case D6GM2199 CEL v Mr B, Bury County Court, before DJ Osborne, a motorist was awarded £900 because another ex-clamper parking company of the same type as your client (in this case, Civil Enforcement Limited) committed data protection breaches against him. Mr B. was the vehicle keeper but was not the driver on the day. As the NTK was not POFA compliant (same as your client's NTK), the parking firm had no valid claim against the keeper. In addition, Wright Hassall (mirroring the conduct of BW Legal's robo-claim modus operandi) had acted unreasonably in artificially inflating the claim from £100 to £300 by adding spurious amounts.


I paid an extra hour after 8 minutes of extra parking, there was nothing about grace period and there been no cameras, so that after parking a had to walk to cash machine which did not accepted coins in the first instance and then back to my car, the same after mass which lasted longer than usual and I was not feeling very well, which could contribute to maybe slower walking as usual and we decided to extend parking for an hour which we did not spent anyway, there was plenty of spaces free, so in fact I did not cause any loss to landowner. What is more, landowner changed anyway, so that I could not contact them directly to avoid dealing with your client and the machine was changed, too.


Yours faithfully

XY
P.S: More or less mitigating factors of me feeling unwell and prolonged mass should be sufficient, not sure if to add that I am law abiding citizen...