BW Legal Letter of Claim

Urb14

Hi guys, I recieved a 'Letter of Claim' from BWlegal which basically says that if I don't pay the fine, they're taking me to court. Should I respond to this letter? Many thanks!

onlyfoolsandparking

Go to newbies section and read all about the game you are now firmly involved in.


BW lying legal are just one of the few low rent scummy solicitors (Solicitors, that's a good joke) who get involved in scamming people, if you have got a genuine LBA, there is a response to send, find it in the newbies section.

Urb14

I found a template reply on the forum:

Dear Sirs,

Thank you for your letter of x.

When your client's debt collectors first started contacting me, I asked them for details of the basis upon which money was being claimed, including all photographs taken of the vehicle at the relevant time. Extraordinarily, I was told (in blunt terms) by [name of debt collectors] that no such evidence would be provided "until this gets to court" [try and reproduce the exact words used].


You have now sent a Letter Before Claim. However, your letter contains insufficient detail of the claim and, again, fails to provide the photographic evidence which I requested as long ago as [date - if you don't know exact date, put the month and year]. It does not even say what the cause of action is. Nor does it contain any mention of what evidence your client intends to rely on, or enclose copies of such evidence.


This action on the part of your client is a clear breach of its pre-action obligations set out in the Practice Direction - Pre-Action Conduct, with which as solicitors you must surely be familiar (and with which your client, a serial litigator of small claims, must also be familiar). As you (and your client) must know, the Practice Direction binds all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time.


Nobody, including your client, is immune from the requirements and obligations of the Practice Direction. Your client cannot simply refuse to provide the relevant information "until this gets to court" [or whatever they said].

I require your client to comply with its obligations by sending me the following information/documents:

1. an explanation of the cause of action
2. whether they are pursuing me as driver or keeper
3. whether they are relying on the provisions of Schedule 4 of POFA 2012
4. what the details of the claim are (where it is claimed the car was parked, for how long, how the monies being claimed arose and have been calculated, what contractual breach (if any) is being claimed)
5. a copy of the contract with the landowner under which they assert authority to bring the claim
6. a copy of any alleged contract with the driver
7. a plan showing where any signs were displayed
8. details of the signs displayed (size of sign, size of font, height at which displayed)
9. If they have added anything on to the original charge, what that represents and how it has been calculated.

I am clearly entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction. I also need it in order to comply with my own obligations under paragraph 6(b).

If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) – Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and (c) and 16. I will draw to the court the fact that I have expressly requested this information since as early as [date or month/year of first request] yet your client has refused to provide it, saying that it will not do so until this matter reaches the court.


Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.

Yours faithfully


Am I right in thinking I should send this to them as a formal letter?

waamo

Are you sure this is a genuine LBC? B W legal have form for sending out dodgy documents.

Does it contain the actual requirements of an LBC or does it skirt around the issue by saying they "will recommend" their client goes to court?

KeithP

Urb14, are you planning on adjusting this sentence?...

Your client cannot simply refuse to provide the relevant information "until this gets to court" [or whatever they said].

There are at lease two other occurrences of square bracketed phrases in that letter that require your attention.

Urb14

waamo wrote: »

Are you sure this is a genuine LBC? B W legal have form for sending out dodgy documents.

Does it contain the actual requirements of an LBC or does it skirt around the issue by saying they "will recommend" their client goes to court?

Its titled as 'Letter of Claim' , and basically says that If i don't pay the fine, they'll take me to county court. It also includes some estimated legal fees.

'If payment or a response is not recieved from you by (DD/MM/YY) , we are instructed to issue a County Court claim without further reference to you...'

So im not sure, I think it probably is an LBC??

Urb14

Hi guys, any advice on this would be appreciated.

waamo

Send the template you've found but make sure you fill in the bits you need to. It has been known for people just to cut and paste it without putting their details in.

Urb14

Hi guys , I filled in and sent the above template, and here is the response I received below. How should I respond, if at all?



Good Morning

Thank you for your email, the contents of which have been noted on file.

1. Our Client's cause of action is that you breached the terms and conditions of the contract which you entered into by parking your vehicle in the car park, by failing to display a valid Pay & Display Ticket (PDT) or permit to park.

2. Our Client is pursuing you as the registered keeper of the vehicle.

3. Our Client does intend to rely on Schedule 4 of Protection of Freedoms Act 2012.

4. The details of the claim are that your vehicle parked without displaying a valid PDT or permit to park.
The Parking Charge Notice (PCN) which you have been issued with is for a breach of contract. The only right which you have to enter the land in question are on the terms and conditions which apply. It is unnecessary to apply an analysis of offer, acceptance and consideration quite simply because the contract was formed on mutual promises. By parking your vehicle in the car park you have entered into a unilateral contract with Our Client. Acceptance does not have to be communicated, the act of parking your vehicle is acceptance.

5. Please be aware that the contract between Our Client and the landowner is a legally privileged document which you have no right to inspect. However, should this matter progress to court, the contract will be adduced as evidence.

6. 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.

7. Our Client is under no obligation to supply this.

8. As established members of the International Parking Community, Our Client adheres to their Code of Practice for Private Enforcement on Private Land and Unregulated Car Parks ('Code of Practice'). This Code of Practice gives recommendations in regards to the signage within the Car Park. The signs within the car park comply with the recommendations in the Code of Practice and are therefore deemed reasonable.

9. £100.00 remains unpaid for the Parking Charge Notice. Additionally, you are also liable for our £60.00 instructions fee as your file has been passed to us.

nosferatu1001

This is their template, which you shold be well aware of!

You could repsond pointing out that 1) is asserting you are the driver, yet in 2) You claim not to be purrsuing the driver. Please explain your response as it is misleading.

5) How can you assert privilege if you will be adducing it as evidence? The courts prohibit "ambushing" and given you WILL submit this as evidence later on, you have no cause to delay now. you are failing in your PAP olbigaitons.

7) You are obliged to comply with the PAP, and this is a reaosnable request. Your refusal to supply this indicates your client does not possess such a map, and will be unable to show their signage is visible.

9) Please explain how a Keeper can be liable for a £60 "instructions" fee when
a) this is expressly disallowed under the POFA Schedul4, which states a Keeper is only liable for the amount on the Notice to Keeper
and
b) This is not recoverable on the small claims track, under CPR27.14.
Please explain your statement, with reference to the applicable regulations, allowingyou to state that I am "liable" for this amount. A bald statement will be insufficient, and will reuslt in a complaint t o the SRA that you are misleading consumers.

Youve NOT TOLD US who the PPC Is! How can we help?

For example if we knew the identity of the PPC, we could tell you if their NtK complied. Did you recieve a NtK? Yes or No. We dont actually know any specifics here.

Urb14

Many thanks for your help, my apologies for the lack of information. The PPC is from Vehicle Control Services Ltd. I believe I did receive an NtK although I no longer physically have it as I ignored it and threw it away.