Letter of claim from bwlegal

Quentin

This is a debt collecting attempt

Debt collectors letters are covered in the newbies FAQ thread #4

Ignore everything except a lbcca or Court correspondence

If it comes to this then come to the newbies FAQ thread for advice. #2 there covers Court claims right through from the lbcca to the hearing

Palec

Thank you Quentin, their first letter was named as letter of claim saying they will take me to court and I replied with copy above and this is their reply again...

Quentin

A letter of claim is not a claim.

Wait and see if you get a claim from Court.

nosferatu1001

Also, you gave one hour for a response, on a weekday
DONT rush so fast

The letter makes a number of errors. States YOU broke the terms, but theyre pursuing you as keeper. So YOU didnt breach.

Did you get copies of the documents you asked for? If not, which ones are missing? An OBVIOUS response would be to tell them they have failed their PAP obligations and failed to provide the se documents .... which obviously must already be in their possession, before taking the instructions

They have stated you are liable for their instruction fee of £60, but you require them to substnatiate how this is possible, given POFA VERY CLEARLY and UNAMBIGUOUSLY limits a Keepers liability to the amount on the NtK, and legal fees are not reclaimable in small claims. You require a full explanation of this. Refusal, or vague allusions to POFA without a specific reference to the schedule and para that allows this, plus how your intepretation differes to that of the COurts, will reuslt in a complaint to the SRA that you are misleading a consumer.

Palec

Thank you Nosferatu. I did not get any documents except from reply from bw legal posted telling me need to reply within 7 days, first letter they gave me 30 days to reply but was not in country and after coming back was in a rush to catch deadline.
I was reading newbie threads and whatever people advise me here, but some people advise to strongly reply second time and some to ignore their letter and wait for lbc, or lbcc ( not sure how to spell it ) basically letter from court is my understanding, which they been threatening me before as posted in 2014,2015 with debt collectors. Some people replied that it is debt collecting letter, but it is letter form solicitors on behalf of parking company, so it seems it will go to court, which I am not worried about as I would disclose mitigating factors which affect my driving as for medical conditions I am not willing to discuss with them beforehand as I do not take any medication, but was diagnosed by illness which I need to be careful when driving or take precaution before driving until I feel well and fit to do so, which was the case on that day, too with 10 minutes late, so I displayed valid ticket which expired and have proof that time between first and second is 10 minutes.
So am not sure if to reply and what exactly or leave it until it goes to court, because is causing a lot of stress.

I do not understand this part: Refusal, or vague allusions to POFA without a specific reference to the schedule and para that allows this, plus how your intepretation differes to that of the COurts, will reuslt in a complaint to the SRA that you are misleading a consumer. This means I can complain to SRA ( which is what?) because they done what? I do apologise, it is very confusing as from my point of view I just was 10 minutes late for a reason bought another ticket and they treat me like a criminal.
Thank you for your time.

Palec

The problem is I was reading that if I failed Popla appeal, which I did, as put it as excessive amount they are asking for and now as they won that courtcase I forgot the name where they won against guy they sent me another letter, which they probably can within 6 years legal limit, after which I could put limitation defence I suppose.
The other guy extended parking over 50 minutes I believe, so 10 minutes should be different for a reason, but my argument with popla omitted me feeling unfit to drive in relation to my health, so that I lost it, as newbie, it was my fault, but do not want to spread out my health problems in the past etc...I was reading this is something court can take into consideration if it goes to court, but if I did not mention it in Popla appeal, it can go against me. So if I lose court case which I believe will not happen as I wanted to pay £10 for 10 minutes as offer back in 2014, court will not maybe scrap it but give me certain amount not £100 or £160.
Any thoughts on this please?
I have to say it starts to make me feel sick, maybe I do not cope with stress so well, but I feel really bullied and discriminated, evenso am not classed as disabled I believe, but can they send me letters in 2015 threatening me with court then stop it and then start again because of that case they won I mentioned above?

Palec

I would not have problem paying if it is fair, paid in the past and done it in London as it was my fault after taking advice on this forum, but if it is within 10 minutes law should be changed like when one gets ticket within city council car park, but we cannot change the law here, maybe suggest something to local MP in areas we live...

Palec

I would like to know who does think I should ignore second letter from bw legal and who does think I should reply strongly or what expression is used in this forum to them...Thank you

Quentin

You have nothing to lose by sending another rebuttal if you want to

And equally nothing to lose by waiting and seeing if they do issue a claim

Palec

Thank you Quentin. Funny is that they claim I did not display valid ticket, which I did, I was just late and since I purchased another one and put it into my window the difference is 10 minutes, so yes it was expired. DVLA does not recommend to drive if the driver does not feel fit to drive, the only problem is that I did not put this to my appeal with them or into my Popla appeal, as everywhere was written that only court would take into consideration such mitigating factor, so am able to disclose more details as for my health and reason why to court...
If I lose it seems maximum they can get is £160 as they want now anyway, maybe interest, I am not sure, but I feel any reasonable judge would be fair after disclosing all relevant information so am not worried too much, less stressed after help in this forum, so that you very much.
As for debt collectors, they contacted me with threatening with court actions in 2015, I replied that I feel bullied, got about 5 letter from them, so I feel discriminated as it was not actioned then...Does it count if somebody is sending you letters they will take you to court if you do not reply within xy days then nothing and then contact you again after 2 years? Thank you