BWLegal & NCP Limited Letter

HelpfulBrother

Hi all,

Bit of a weird one here, any help is much appreciated.
I have read the Newbies section and tried to see where this might fit in but still unsure.
I am posting on behalf of my sister but she isn't the most tech savvy person nor am I, but I am willing to try.

Scenario:
My sister has received the below letters from NCP & from BWLegal. Apologies in advance I can't post images as a new user.

NCP Letter
"Date:
Account Reference:
Outstanding Balance: £160.00
Dear Name,
As you have failed to make arrangements to pay your account Balance to ourselves (NCP) or to our debt collection provider
E TRACE Debt Recovery UK Limited, your account has now been sent to BW Legal, who are our approved legal service provider.
They will contact you regarding payment of the outstanding Balance. All future contact and correspondence relating to this debt should now be referred to them with Mediate effect.
You must call them on 0113 323 4479 - they’ll be able to help you."

BWLegal Letter
Our Client: National Car Parks Limited
Date of Contravention:
Account Number:
Balance Due: £160.00
Vehicle Registration:
Contravention Description: Parked without payment of the parking charge Contravention
Location:

We have been instructed by National Car Parks Limited (NCP) and TRACE Debt Recovery UK Limited in relation to the Balance Due for the above Parking Charge Notice ("PCN"). The Balance Due of £160.00 includes the PCN charge plus Our Client's initial legal costs of £60.00, which are detailed in the car park or signage terms and conditions. Our Client's terms and conditions am clearly displayed in our client signage.
As you have failed to make a payment or raise 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.

County Court Proceedings In the event County Court proceedings are issued, you may be liable for Court fees, further solicitors' costs and statutory interest. If Our Client successfully obtains a County Court Judgment ("CCJ") against you, then a CCJ may be recorded on your credit file for 6 years unless you satisfy the CCJ in full within a month of the CCJ being entered. A CCJ on your credit file may affect your ability to obtain future credit and may affect your employability. Our Client also reserves the right to commence enforcement proceedings against you for recovery of the Balance Due.

What do you need to do next 11 is important you contact us to resolve your account. We are keen to work with you and one of the quickest ways to review your account is to register on our Customer Portal by visiting bwlegal co uk. Through our 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 web chat. Call to today on 0113 323 4479 if you would prefer to discuss your account with one of our helpful team.
Yours sincerely BW Legal BW Legal,


I have asked her if she had received anything from them previously and she has said no, she has mentioned that she has post problems with a number of neighbors in the area as there are 3 other residences with the same number.

As she recalls she pulled into the NCP to tend to her infant son. She was in the NCP for no more than 13 minutes and she only left the vehicle to remove the infant and tend to him.

Could I please get some advice on what if anything we can do.

Any all an input welcome.

Regards,

HelpfulBrother

System

It's just another debt letter. File it or send NCP a Subject Access Request if you want.

HelpfulBrother

Hi guys,

Just an update on this, she just received the below in the post.It came with other documents asking her to agree to owe the debt.

We have been instructed by National Car Parks Limited to commence legal action in the form of issuing a Claim against you in the County Court in respect of the above debt. If payment or a response is not received before 7 November 2018, we are instructed to issue a Claim against you in the County Court without further notice. If you dispute this debt, please tell us why so that we can help resolve this matter.
LETTER OF CLAIM
Estimated Claim Such legal action may result in you being liable for court fees, solicitors' costs and statutory interest which are estimated below.
Enclosures Enclosed with this letter are: • Information Sheet: • Reply Form: • Income and Expenditure Form:
a sheet explaining what to do next, including how to avoid Court action. a form to complete and return containing four sections. a form to complete and return to outline your financial circumstances.
Principal Debt + Initial Legal Costs £160.00 Estimated Interest £5.33 Estimated Court Fees £25.00 Estimated Solicitors' Costs £50.00
What You Need To Do Now Payment of £160.00 or your reasons for non payment are required by 7 November 2018 to avoid the above legal action. If you are unable to pay the Balance in full, Our Client is willing to enter into a payment arrangement which is affordable for you taking into account your financial circumstances.
How to Get In Touch • Online


Anything to be worried about?

Thanks again.

The_Deep

Principal Debt + Initial Legal Costs £160.00 Estimated Interest £5.33 Estimated Court Fees £25.00 Estimated Solicitors' Costs £50.00

That is at least £50 more than the law allows, copy the correspondence to the Solicitors regulatory body, the SRA,

http://www.sra.org.uk/home/home.page

complaining that they are attempting to obtain monies in excess of that which the law allows. Complain also to your MP

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P.
for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

HelpfulBrother

Hi guys,

So my sister has received 2 more letter in the post.

The first of which being a "Claim Form". it states that:
The Claimant's Claim is for the sum of £244.16 being monies due from the Defendant to the Claimant in respect of a Parking Charge Notice (PCN) for a parking contravention which occurred on 04/05/2018 in the private car park/land located at Crawley Boulevard West Crawley RH101XP, in relation to a vehicle, BMW 118D SPORT registration mark XXXXXXX The Defendant was allowed 28 days from the PCN Date to pay the PCN, but failed to do so. Despite demand having been made. the Defendant has failed to settle their outstanding liability The Claim also includes Statutory Interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8 % per annum ( a daily rate of £0.04 from 04/05/2018 to 18/12/2018 being an amount of £9.16. The Claimant's claim includes £60.00 costs as set out in the Terms and Conditions.
Amount Claimed £169.16, Court Fee £25, Legal £50.
After this it has some response pack asking her to admit or defend/counterclaim.

The second letter is from BWlegal.which states "Notice of County Court Claim Issued"
As you are aware, we represent National Car Parks Limited. We have now issued legal proceedings in the form County Court Claim on 19 December 2018 under claim number XXXXXXXXX which you will shortly receive directly from Northampton County Court (County Court Bulk Centre) as you have failed to make repayments on your above account The amount of the County Court Claim is summarised below: Principal Debt nterest Court Fees Solicitors' Costs utstanding Balance To Pay Now 60.00 9.16 25.00 50.00 244.16
This is followed by a manage your account online letter.

Should we start building a case? How would I go about building one? What would my next steps be for my sister please.

As always thanks for reading and the help!

Redx

the one from Northampton is an MCOL, a court claim, which needs dealing with asap

tell your sister to go to the top of this forum, count down to the third thread called NEWBIES FAQ and click on it

scroll DOWN to post #2 and start reading it

tell her to sign up to the government gateway and use the MCOL ref on the bottom right of the form to do the AOS online, as detailed in the walkthrough from that post #2

then start drafting her defence, starting by reading the examples by member BARGEPOLE

SHE CAN POST IF BELOW FOR CRITIQUE

YOU cannot do this as the claim is NOT in YOUR name

YOU can assist her to get this done, but she is the one who must go to court if it gets that far, at your local county court

if she ignores this she will receive a CCJ which if she does not pay it in one month she will find her credit rating is trashed

KeithP

What is the Issue Date on your sister's Claim Form?

HelpfulBrother

Claim Form Issue Date: 19/12/18

I have signed her up to the government website.
I have acknowledged the case.

I have sent off a subject access request.
We are now in the process of building a defense case to send off on the government website.

Thanks all.

KeithP

HelpfulBrother wrote: »

Claim Form Issue Date: 19/12/18

We are now in the process of building a defence case to send off on the government website.

Most important - do not file your Defence via the MCOL website.

With a Claim Issue Date of 19th December, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 21st January 2019 to file your Defence.

That's three weeks away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Everywhere I have said 'you' or 'your' I do of course mean the Defendant.