Letter of Claim - BW Legal/NCP

Manc88

Thanks both,

Letter sent today. I'll update when I get a response.

Manc88

Just to update: I've now received two letters since the above response to confirm that the file is on hold while BW Legal make contact with their client to get the information requested. Is there no maximum term they have to get this information in, or is it just a case of taking as long as it takes?

beamerguy

Manc88 wrote: »

Just to update: I've now received two letters since the above response to confirm that the file is on hold while BW Legal make contact with their client to get the information requested. Is there no maximum term they have to get this information in, or is it just a case of taking as long as it takes?

You just have to wait. This does prove one thing, when BWLegal bring their claims ,,,,, they simply don't know what they are claiming for ?????

Manc88

Hi all, just to update; still no further response since my last letter from BW Legal in October, so still on hold.

Manc88

Hi all,

After beginning to get my hopes up that this had gone away, I have now received a response form BW legal with the car park site map and pictures of the signage. The letter reads as follows:

Dear XX
Our Client: National Car Parks Limited
Balance Due: XX
Account Number: XX

Further to the query you raised with us, Our Client has now provided us with the information you have requested and we have enclosed this for you.
Our client has confirmed that they will not provide a copy of the contract between them and the landowner. They have confirmed that National Car Parks Limited are the landowners. With regards to the font size, our client has confirmed that all signs have been audited and are compliant with minimum sizes. Should you wish to find further information regarding this, please visit our client's website. Our client has also confirmed that the Parking Charge Notice was not affixed to the windscreen, it was sent in the post as the evidence was taken by an ANPR camera.
Your vehicle breached the terms and conditions of this car park by parking without payment of parking charge. As a result of the breach, Our Client is well within their contractual rights to issue the Parking Charge Notice and take all necessary steps (including bringing legal proceedings) to recover the outstanding charge. Please note that Our Client will not accept a settlement for this Account, therefore the Outstanding Balance remains Due and Owing.
We trust this now concludes any outstanding queries you had raised with ourselves. It is important that you now contact us in order that we can discuss an affordable payment arrangement.
Failure to contact us within 14 days may lead to the following:
• Further collections activity; or
• Further legal action
What You Need To Do Now
Call us on 0113 487 0430 and one of our helpful agents can either set up an affordable payment arrangement for you taking into account your financial circumstances or our helpful agents can settle any query you have.... etc

They have failed to provide the following:

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.

Any advice on next steps would be greatly appreciated

Umkomaas

Any advice on next steps would be greatly appreciated

There are really no 'next steps'. You are in the hands of NCP/BWL to see their next move.

While there has been a great deal of huffing and puffing we are not aware that any NCP case has entered any courtroom, and there's a good indication that all of this threat of legal action is just a ratcheting up of the debt recovery process by BWL (debt recovery is their main business).

You can wait for court papers to arrive (if they ever do), but you'll be faced with up to 6 years of uncertainty as to whether they will or not. Alternatively, why not smack the bully on the nose by telling them not to mess you about any further and for them to now issue their claim via the court where you will mount a robust defence and persuade a Judge to find in your favour. You will be seeking a cost order against NCP when you prevail.

What's the worst that can happen with that approach?

nosferatu1001

Respond back, and point out that
1) Stating they will not provide a copy of the contract, proving their authority, means you will presume there is no contract. To later produce this, when it could have narrowed the issues under dispute, will be deemed unreasonable behaviour.
There is no reasonable excuse to refuse to provide this, which is why I notice you didnt provide one

2) Remind them of the eleemnts they failed to provide
State that, as they are required under the PAP to provide these documents within 30 days OR provide a reason why not, they are in breach of the PAP and this wil be agsin raised as unreasonable behaviour.

Manc88

Thanks both, I'm away until next week now, so will look to send them a response when I get back.

Manc88

Hi all, I'm just browsing the forums for ideas on what to put in my next response, as well as what to expect should this proceed to court, and having re-read the Newbies thread, am wondering if I have made a mistake in sending the information request to BW legal rather than NCP directly.

I am not sure if this has changed since I started this thread, as I can no longer find the links to the example response letters I used for my first response, but Newbies thread says first course of action should be a SAR direct to NCP. As I have only corresponded with BW legal to date I am wondering if I should send an SAR directly to NCP now, or whether it is too late to do so?

Also, an additional question regarding if this goes to court and doesn't win, would I be liable for legal expenses on top of the £100 fine? (assuming the £60 inflation from BW legal is knocked off) If so, would this not take the amount above what is currently being claimed?

nosferatu1001

1) You send the info request to the Solicitor, of course
Youre getting the info request and a SAR mixed up. A SAR goes to NPC.

They are two entirely different documents, under two different protocols. For a SAR, they have a legal duty to respond and you can sue if they dont.

CPR27.14. Read it. Note what it excludes on the small claims track.