IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).

Letter from BW Legal - HELP!

Hi

I have received a letter from BW legal, stating that their client is Parking Charge Limited. It mentions a contravention description of 02J - Parked without clearly displaying the required valid pay and display ticket and no other cashless parking payments detected.

Apparently they have been instructed by PCL and Trace Debt recovery and are requesting £160 which includes PCL's legal costs of £60.

They mention that I have failed to make payment or appeal within 28 days. This is the first letter I have received from them because I changed address last year, but only recently updated it on my Car Registration document.

BW Legal have requested payment within 16 days, or they will seek to commence legal proceedings against me in the County Court upon being served with a letter of claim. They also mention court fees, solictor costs and the potential of a CCJ.

Please please please could I have some help with what I should do???

I have not responded to any letters from PCL or the debt collectors. I thought the notification of a PCN was fraud because they previously did not provide any details of the PCN and I did not ever recal receiving one.

I apprecaite your urgent help.

Many thanks
«1

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    treat it as an LBC and reply with a rebuttal, see recent BW LEGAL threads and post #2 of the NEWBIES FAQ sticky thread for further info and suggestions

    if the PPC wish to take this to court using MCOL, they can do so, and have 6 years to try a court case


    its a good job that you updated the V5C as well, as its a £1000 "fine" for not doing so, plus its why you never received the pcn in the first place
  • Umkomaas
    Umkomaas Posts: 42,885 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Please please please could I have some help with what I should do???
    Have you also updated your driving licence, because failing to do that in a timely fashion will see a real fine winging your way. But this time it will cost you a grand, not £160.

    If BWL have specifically stated that the next stage is a court claim, treat their letter as a Letter Before Claim. In which case you need to read the NEWBIES FAQ sticky, post #2 which explains how to deal with a LBC.

    For any newbie finding this thread as a search, please realise the mess you can get into by delaying informing the DVLA of a change of address - needs to be done twice, once for the vehicle's V5C (logbook) and once for the driving licence, there's no read-across one to the other.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Maple321 wrote: »
    Hi

    I have received a letter from BW legal, stating that their client is Parking Charge Limited. It mentions a contravention description of 02J - Parked without clearly displaying the required valid pay and display ticket and no other cashless parking payments detected.

    Apparently they have been instructed by PCL and Trace Debt recovery and are requesting £160 which includes PCL's legal costs of £60.

    They mention that I have failed to make payment or appeal within 28 days. This is the first letter I have received from them because I changed address last year, but only recently updated it on my Car Registration document.

    BW Legal have requested payment within 16 days, or they will seek to commence legal proceedings against me in the County Court upon being served with a letter of claim. They also mention court fees, solictor costs and the potential of a CCJ.

    Please please please could I have some help with what I should do???

    I have not responded to any letters from PCL or the debt collectors. I thought the notification of a PCN was fraud because they previously did not provide any details of the PCN and I did not ever recal receiving one.

    I apprecaite your urgent help.

    Many thanks

    Well you can forget about the old Trace boys, powerless
    timewasters

    So, to help BWLegal here, you don't owe £160, the £60
    is a fake add-on which a court will not allow
    They cannot take you to court until they have complied
    with the new debt procedure which is a law.
    They must prove their claim to you and then give you 30
    days to respond to which you can dispute

    BW Legal have requested payment within 16 days
    Tough luck BWL, comply with the law before all your silly
    threats.

    READING FOR YOU
    Debt Collectors What they don't want you to know
    https://forums.moneysavingexpert.com/discussion/comment/74633409#Comment_74633409

    BWLegal - the list of failures growing
    https://forums.moneysavingexpert.com/discussion/5672664/bwlegal-the-list-of-failures-growing&highlight=bwlegal+the+list

    The CCJ Myth and threats and lies told by debt collectors and PPC's .. EXPOSED

    https://forums.moneysavingexpert.com/discussion/5849106/the-ccj-myth-and-threats-and-lies-told-by-debt-collectors-and-ppcs-exposed&highlight=ccj+the+myth
  • Thank you. I had updated my driving licence, I just completely forgot about the V5 document!
  • Hi

    Thanks for your advice so far. I have been doing my research and I'm back for further advice please.

    I'm not sure that the letter I have received is and LBC and so I am unsure whether to treat it as such.

    It states:

    "As you have failed to make payment or make 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 client's instructions to commence legal proceedings against you in the County Court upon being served with a Letter of Claim pursuant to the Pre-action Protocol for Debt Claims as contained within the Civil Procedure Rules."

    Under What do you need to do next", it states:

    "Through your customer portal, you can make a payment, advise us of any disputes against the PCN, upload documentation to support your dispute and communicate with us via webchat".

    Does this suggest that I am a step prior to the LBC and I might have a chance to appeal?

    Sorry, I am still a little confused.

    Thanks for your help
  • Coupon-mad
    Coupon-mad Posts: 148,274 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 7 August 2020 at 6:02PM
    Obviously it's not!
    we will seek our client's instructions to commence legal proceedings against you in the County Court upon being served with a Letter of Claim

    You do not need to provide 'reasons for not paying' what MPs describe as an 'outrageous scam' (Hansard 2.2.18).
    Parked without clearly displaying the required valid pay and display ticket and no other cashless parking payments detected.
    Tell us what happened.

    No ticket? Fluttering ticket? Expired ticket? Brief visit for a few minutes?

    Signs not lit in the dark perhaps, so no idea it was even pay & display?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    yes it sounds like you are one step before an LBC

    NO YOU HAVE NO CHANCE OF APPEAL, THAT SHIP SAILED LONG AGO

    a windscreen ticket followed by an NTK appeal window is 56 days

    an ANPR ticket appeal window expires after 28 days

    this is much , much later in the process

    it appears you have a debt collector letter, which is PAY UP, IN FULL , OR ELSE !

    so you either pay up, IN FULL , or if you IGNORE they will issue an LBC under the PaP rules



    if in any doubt , treat is as an LBC anyway
  • Maple321
    Maple321 Posts: 5 Forumite
    Second Anniversary
    edited 14 August 2018 at 10:57PM
    Coupon-mad wrote: »
    Obviously it's not!



    You do not need to provide 'reasons for not paying' a scam.

    Tell us what happened.

    No ticket? Fluttering ticket? Expired ticket? Brief visit for a few minutes?

    Signs not lit in the dark perhaps, so no idea it was even pay & display?

    The driver didnt have a ticket. They were there for a couple of hours. It was late, and dark, so they didnt realise they needed one.

    The previous Debt collector letters were sent to my mum's address and she showed them to me. I ignored them because I didnt recall anything happening on the date in question and they hadnt provided any details of what the PCN was until this point.
  • Coupon-mad
    Coupon-mad Posts: 148,274 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 7 August 2020 at 6:03PM
    If they are still writing to the old address and you don't want the court claim to go there, write and tell BW Legal to use your new address and to update their data systems and delete the old address.

    Also state that the only occasion the driver can recall was when it was dark and no P&D machines were visible, let alone signage, and so you require their client's evidence to the contrary (i.e. all photos taken that night).

    And whether they are using the POFA or not, and a copy of the Notice to keeper they are relying upon as well as a picture of what they contend was 'adequate signage'.

    You could send this now, or at LBCCC stage. I'd do it now.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Coupon-mad wrote: »
    If they are still writing to the old address and you don't want the court claim to go there, write and tell BW Legal to use your new address and to update their data systems and delete the old address.

    Also state that the only occasion the driver can recall was when it was dark and no P&D machines were visible, let alone signage, and so you require their client's evidence to the contrary (i.e. all photos taken that night).

    And whether they are using the POFA or not, and a copy of the Notice to keeper they are relying upon as well as a picture of what they contend was 'adequate signage'.

    You could send this now, or at LBCCC stage. I'd do it now to steer the letters to the address you want them to come, and to get the info & evidence and 'see their hand'.

    Post edited - thank you. BW legal have written to my new address so no worries there.

    I will reply at this stage in line with your advice. Many thanks for your speedy response!
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 349.9K Banking & Borrowing
  • 252.6K Reduce Debt & Boost Income
  • 453K Spending & Discounts
  • 242.8K Work, Benefits & Business
  • 619.6K Mortgages, Homes & Bills
  • 176.4K Life & Family
  • 255.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 15.1K Coronavirus Support Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.