Letter of Claim - BW Legal/NCP

Umkomaas

http://i63.tinypic.com/2vipimu.jpg

http://i63.tinypic.com/35letc9.jpg

System

Where are the pics of the signs, the car and the paperwork? If you didn't get them go back and give them 7 days. Then complain to the Information Commissioner's Office.

Also check who pays the non-domestic rates with the local council. It should be NCP but check anyway as you may need to go back to BW if it is not them.

Manc88

Hi IamEmanresu,

They have said their client is under no obligation to provide the plan of the carpark (Point 8), and have just said their signs comply (point 9). RE: the request for the original PCN, they have just said this has already been issued (point 11).

Will double check the non-domestic rates. What is this for?

beamerguy

Anyone noticed in this one

http://i63.tinypic.com/35letc9.jpg

They claim that NCP complies to the IPC code of practice
???

System

Go back to BW and raise a complaint about their failure to supply the information. Did you make the request under Subject Access Request or a request for information to narrow the issues.

Give them 7 days and make sure you make it clear in any defence or Witness Statement about BW obstructive behaviour and their unwillingness to follow the overriding principles of the Civil Procedure Rules.

If you let them take advantage, they will. The PPC already has so don't let them compound it.

Manc88

Hi IamEmanresu,

I made the request for the information as "a formal request for all of the documents / information that the [Pre Action Protocol for Debt Claims] now requires your client to provide."

So next steps are to write a response complaining that they have not provided the required information of the signs, plan and pictures of the car?

Do I need to worry about the supposed 14 day deadline they have mentioned in the letter?

System

So next steps are to write a response complaining that they have not provided the required information of the signs, plan and pictures of the car?

Yes. Refer to the overriding objectives of the Civil Procedure rules but also have it in any defence you submit should they move forward

Do I need to worry about the supposed 14 day deadline they have mentioned in the letter?

No. If their client is going to issue a claim it will come. You just need to push back at them.

The reason you got that reply is that they don't actually have the information. They never have it as the client hasn't supplied it. They should have as they are supposed to advise if a claim is mertited but they don't ask for it. It is all computer generated so you push so they have to do some work.

Manc88

Hi all,

Just drafted my response letter. Please see below and let me know if you think there's anything I need to add, delete or change:

BW Legal,
Enterprise House,
Apex View,
Leeds,
LS119BH

Ref: XXXXXXXX

Date

Dear Sirs,

I have received your response to my request for information relating to the above incident, and once again you have failed to supply sufficient documentation for me to respond properly to the alleged claim and to consider my position in relation to it.

This breaches paragraphs 5.1 and 5.2(a) and 5.2(b) of the Pre-Action Protocol for Debt claims and completely goes against the aims of the Protocol as outlined in paragraphs 2.1(a) and 2.1(b).

The alleged incident is not something I have any recollection of, and as previously stated, I have never received a PCN from your client in relation to this. I therefore request again the following information be provided to me within the next seven days:

1. What the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated
2. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
3. Provide me a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1 “establishing yourself as the creditor”
4. A plan showing where any signs were displayed
5. Details of the signs displayed (size of sign, size of font, height at which displayed)
6. Details of the original PCN; when was this issued, in what form (attached to the vehicle, sent via post), if via post, to which address was this sent?

If your client does not provide me with this information, I reserve the right to draw any failure of the Claimant to comply with the protocol to the attention of the court and to ask the court to stay the claim and order your client to comply with its pre-action obligations, and when costs come to be considered.

Yours Faithfully
X

nosferatu1001

I always add:
As you must already have sight of this informaiton, as part of your professional diligence, there should be no issue with providing such.

I would rmeove the "reserve the right" - say you WILL bring this to the courts attention.

beamerguy

nosferatu1001 wrote: »

I always add:
As you must already have sight of this informaiton, as part of your professional diligence, there should be no issue with providing such.

Now that I like

Suppose it depends if BWLegal think they are professional ..
OR NOT as the case might be