BW Legal - LBC?

rsturbomad

Hi All,

Defence is now submitted. MCOL shows my defence was received.

Is there any guidance for when / if BW tries to call me?

Cheers
Turbo

Umkomaas

rsturbomad wrote: »

Is there any guidance for when / if BW tries to call me?

Cheers
Turbo

Put the phone down, then block the number!

nosferatu1001

Or politely tell them you refuse consent for them to contact you by ANY means other than in writing to your address for service, and that should they continue to contact you by any other means, which for the avoidance of doubt includes this telephone number, you will report them to the SRA for harassment and consider all otions, including an injunciton against them and a damages claim for harassment. This is their sole warning.

rsturbomad

Evening All,

The Court Acknowledged receipt of my defence on the 14th November.
I have now received a letter from BW stating: -

"Our client intends to continue with the claim, we confirm that we have notified the Court of the same.

We enclose by way of service upon you a copy of the Directions Questionnaire.

A Copy has been filed at Court."

Checked the claim on MCOL and nothing has changed - last update as follows: -

"Your defence was received on 14/11/2018"

Do I wait for instructions from the Court?

Cheers all,
Turbo

rsturbomad

Evening all,

Here's the latest from BW: -

We write with reference to the above matter. We note your recent correspondence alludes to your reasons for disputing our clients PCN. We have set our our clients position in response to your correspondence.

Background
1. For the avoidance of any doubt, our clients claim is for damages as a direct result of your breach of our clients terms and conditions
2. On <DATE> (Contravention Date), we are instructed that you were registered keeper and/or the driver of a vehicle bearing the registration mark XXXX XXX. Which was parked on the private land (<LOCATION>) managed by our client (Car Park). :think:
3. The signage erected at the Car Park contained, inter alia, the following terms and conditions:
A PCN may be issued for failure to comply with the Terms and Conditions (which can be found in and around the car park). This include the following breaches:
Failure to pay all charges due for you parking
PCN Charges paid within 14 days (early discount) £60
PCN charges paid after 14 days £100
4. For all intents and purposes, our client has a legitimate commercial interest and sufficient standing to (a) issue PCN as a result of the terms and conditions being breached and (b) bring proceedings in its own name (see enclosed copy of land registration) (NOT INCLUDED)
5. The signage situated across the Car Park forms a unilateral offer to anyone wishing to park their vehicle at the location. As the offer is a unilateral one, there is no need for the motorist to communicate their acceptance; the performance of parking in accordance with the terms and conditions is the act of acceptance. The signs are prominent and the terms and conditions are clearly displayed, and the motorist would have had the opportunity to read and understand them on parking at the Car Park. An objective observer would consider this action to have been done in acceptance of the terms and conditions (see enclosed copy of the terms and conditions)
6. The terms and conditions (referred to in paragraph 3 above), which you accepted upon entering the Car Park, are clear and unambiguous. The terms make it clear you should not park without payment of the parking charge. The enclosed photographs taken by the ANPR cameras shows your vehicles entry and exit times. After compared data from your vehicles entry and exit times against the data extracted from the parking machine payment, our clients record showed that you were in breach of the following term and condition: failure to pay all charges due for your parking.
7. In respect of the contents of your Defence, it is apparent that a large amount of the information contained therein has simple been 'copied and pasted' from an external source, we see on a regular basis. Large portions of your Defence are nonsensical and, in consideration of the circumstances of this individual matter, are entirely irrelevant.
8. Irrespective of the large volume of nonsensical content within your Defence, given that the same is endorsed by a statement of truth, couple with the fact that the content is evidently copied, your Defence cannot possible be deemed within the scope of your own knowledge. (RUDE!)
9. Notwithstanding the procedural issues set out above, you have tendered no evidence in support of your position. Therefore, in the absence of any evidence in support of your allegations, our clients position remains unchanged to that which has previously been set out to you
10. The evidence held in out clients favour supports the logical conclusion that you were parked without payment of the parking charge on the time of contravention. Therefore, your breach of the terms of the contractual licence affording you permission to occupy the land in question (the car park) is unequivocal.
11. In consideration of the above, it is our clients position that your Defence is no more that a 'copy and paste/ exercise to obscure legitimate proceedings in recovery of the sums which are contractually owing
12. Given that you failed to purchase your parking charge and to exploit the opportunity to pay a reduced amount, our client is well within their rights to pursue you for the full amount of the PCN including its debt recovery costs.

What to do next....blah blah

Next letter, included in the same envelope.....

Without Prejudice Save as to Costs

We write in reference to the above matter.
Having previously responded to your defence(which in our clients view has little or no prospects of success), we note that you have not yet contacted us to settle the outstanding parking charge.
Notwithstanding the above, our client remains willing in trying to resolve matter with your without the need of any further involvement from the court. As a result, our client has instructed us to make you and offer of settlement in order to avoid either party incurring any further costs. The offer is a show of goodwill on the part of our client in trying to resolve matter with you on amicable terms.
The offer below has no bearing on any advise we have given our client regarding the merits of their claim and our client remains confident that if the claim does proceed to a hearing, the court will find in their favour.

The Offer
Strictly without prejudice, our client is willing to offer you a discount on the total balance due. If you take advantage of this offer, the amount you will need to pay in order to satisfy our clients claim is the sum of £180.00 (which is inclusive of interest and our clients costs and fees). This offer will expire at <TIME/DATE> so it is important that you contact us before this date.
If you cannot afford to pay the discounted amount within 14 days don't worry, our client may be willing to accept repayments of the discount amount at an affordable rate each month. We have enclosed an income and expenditure form for you to complete and return in the event that you are unable to pay the discounted amount as a one off payment. Once the discounted amount is paid, your file would then be updated according, and you will not be pursue for any remaining balance due on this account.

What to do next......blah blah

Included in the letter are the original PCN's, T&C's, ANPR images & income / expenditure form. No copy of land registration.

:mad: All that crap and then they offer a discount!....They can stuff it!

I haven't had anything official from the court as of yet. MCOL hasn't been updated either.

Turbo

KeithP

9. Notwithstanding the procedural issues set out above, you have tendered no evidence in support of your position. Therefore, in the absence of any evidence in support of your allegations, our clients position remains unchanged to that which has previously been set out to you

One would've hoped that they understood that evidence comes later.

Are they really real solicitors?

onlyfoolsandparking

Hahahahahaha comedy gold from useless BW lying legal.


They really are clutching at straws with that correspondence asking for £180 for ONE!!!!! PCN hahahaha

beamerguy

onlyfoolsandparking wrote: »

Hahahahahaha comedy gold from useless BW lying legal.


They really are clutching at straws with that correspondence asking for £180 for ONE!!!!! PCN hahahaha

So right

But have you noticed of late that BWL are trashing themselves with their rubbish

They are all over the net, they are rubbished

TRUSTPILOT
https://uk.trustpilot.com/review/bwlegal.co.uk

See the post by shelley ????

A fake review if ever I have seen one....

onlyfoolsandparking

beamerguy wrote: »

So right

But have you noticed of late that BWL are trashing themselves with their rubbish

They are all over the net, they are rubbished

TRUSTPILOT
https://uk.trustpilot.com/review/bwlegal.co.uk

See the post by shelley ????

A fake review if ever I have seen one....

Hahahahaha shelley=Moron!!! wonder if she will feel as happy after she receives a scamvoice hahahaha

rsturbomad

Hi All,

Received the Notice of Proposed Allocation to the Small Claims Track.
Part D3 (Witnesses) on the questionnaire...Is it worth getting a statement from my partner as she was one of the passengers I picked up?

Cheers
Turbo