Penalty Charge Notice issued at Sennen Cove Beach car park for not displaying a valid ticket

Coupon-mad

I'd start that final paragraph 'To my surprise and horror' because the crossed out words are repetition and not needed:

Although BW Legal had been instructed by their client to file and serve a notice of discontinuance for all of the claim back in October 2019,   To my surprise and horror,...

69jase

I have just re-read their email and letter correspondence on 30th March and 30th April, respectively, and they do not actually threaten court action. Therefore, I have amended the letter of complaint ...

Re: Complaint of Unscrupulous and Aggressive Business Practices of BW Legal/KBT Cornwall Ltd

Dear Sirs,

I am writing to bring to your attention the unscrupulous and aggressive business  practices of BW Legal, acting on behalf of KBT Cornwall Ltd t/a Armtrac Security Services, who are attempting to obtain money by  deception, for a court claim they themselves discontinued following all of the claim being struck out. This is in breach  of DPA 2018 (GDPR), Section 2 of the Fraud Act 2006, and SRA  principles.

BW Legal was acting on behalf of their client KBT Cornwall Ltd who issued me with an unmerited Parking Charge Notice (PCN) on private land on 13th September, 2018. Having initially disputed the PCN, had my appeal to the client rejected, written letters of complaint to bring being the victim of the widely publicised private car park scamming practice to the attention of both the landowner and my local MP, BW Legal continued to harass me for over a year. This caused my family and me undue anxiety and distress,in addition to taking a significant amount of my time to research previous cases to defend my dispute of the PCN over this period. In May 2019, I received a County Court Claim, followed by a General Form of Judgement in September 2019, which struck out the claim on the basis that the particulars did not comply with CPR 16.4(1)a. This was subsequently followed by correspondence from BW Legal in October 2019, enclosing by way of service, their client’s Notice of Discontinuance; a copy having also been filed at court.

To my complete surprise and horror, I received the attached email on the 30th March 2020, which was also received in the post on the 30th April, whereby BW Legal are once again harassing me and attempting to extort money relating to the unmerited claim on behalf of their client.

Yours faithfully,

zhonguonuren

69jase said:

Thanks KeithP.
As well as Mr Will Hurley @ IPC, SRA, and Trading Standards, I am also considering a follow up email of this complaint to both the landowner and my local MP?

Thanks x 100

69jase

I have now submitted letters of complaint to:

• Mr Will Hurley @ IPC
• Solicitors Regulation Authority (including relevant evidence)
• Trading Standards
• Landowner - Sennen Cove Harbour Master (copying in the UK Harbour Master's Association)
• Local MP

I can now get on with my Letter of Claim to BW Legal and their client!

69jase

Thanks again all. My next attempt @ the Letter Before Action below. I was not sure whether to also make reference to their recent correspondence on behalf of their client and the further breach of GDPR and SRA principles, and also of Section 2 of the Fraud Act 2006, or this is irrelevant?

LETTER BEFORE ACTION

Re: Breach of DPA 2018 (GDPR), SRA principles, and also of Section 2 of the Fraud Act 2006

Dear Sirs,

I refer to the attached Notice of Discontinuance, General Form of Judgement or Order, and your recent correspondence via email and post, dated 30th March and 30th April, respectively, and a further reminder email on 13th May, in respect of Claim Number/Reference (****).

 The claim was struck out by my local County Court as the particulars did not comply with CPR 16.4(1)a.

This was a breach of GDPR and caused me and my family undue anxiety and distress. Your recent correspondence is a further breach of GDPR and SRA principles, and also of Section 2 of the Fraud Act 2006.

I spent a significant number of hours over the period of a year researching other cases and preparing my defence for the court hearing at each stage of the process that I think it is very reasonable to request the sum of £300 to be paid within 14 days.

I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.

In closing, I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraphs 13-16, which set out the sanctions the court may impose if you fail to comply with the Practice Direction, including failing to respond to this letter before action.

I look forward to hearing from you within the next 14 days.

Yours faithfully,

Umkomaas

I spent a significant number of hours over the period of a year researching other cases and preparing my defence for the court hearing at each stage of the process that I think it is very reasonable to request the sum of £300 to be paid within 14 days.

Far too polite. 

I spent have been forced to spend a significant number of hours over the period of a year researching the law, other cases and preparing my defence for the court hearing at each stage of the process as a result of your ill-founded action against me. that I think it is very reasonable to request the A sum of £300, to be paid within 14 days, is now due.  Should payment not be received by xx/xx/2020, I reserve the right to commence legal proceedings against you without further notice. 

You will also need to incorporate the requirements of the Pre-Action Protocol for Debt Claims (PAP). Don't go off half-c0ck. 

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf

Overall, I think your LBA is still a bit too polite. Do you have the original LBA they sent to you?  If so, replicate the tone they used in that as the basis for yours. Others might want to comment. 

69jase

Umkomaas said:

I spent a significant number of hours over the period of a year researching other cases and preparing my defence for the court hearing at each stage of the process that I think it is very reasonable to request the sum of £300 to be paid within 14 days.

Far too polite. 

I spent have been forced to spend a significant number of hours over the period of a year researching the law, other cases and preparing my defence for the court hearing at each stage of the process as a result of your ill-founded action against me. that I think it is very reasonable to request the A sum of £300, to be paid within 14 days, is now due.  Should payment not be received by xx/xx/2020, I reserve the right to commence legal proceedings against you without further notice. 

You will also need to incorporate the requirements of the Pre-Action Protocol for Debt Claims (PAP). Don't go off half-c0ck. 

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf

Overall, I think your LBA is still a bit too polite. Do you have the original LBA they sent to you?  If so, replicate the tone they used in that as the basis for yours. Others might want to comment. 

Many thanks I will refer to their LBA and make further tweaks in the language where appropriate. In terms of the Pre-Action Protocol for Debt Claims (PAP), can this be included as an attachment in the email.

Umkomaas

In terms of the Pre-Action Protocol for Debt Claims (PAP), can this be included as an attachment in the email.

If you mean simply attaching the pdf file I linked you to, then definitely no. You have to work through its contents/guidance and attach the documents the PAP requires you to send to the Defendant. Screw this part up and you'll find yourself already starting on the back foot, especially when solicitors might be involved. 

Read it thoroughly. 

Umkomaas

69jase said:

Umkomaas said:

If you mean simply attaching the pdf file I linked you to, then definitely no. You have to work through its contents/guidance and attach the documents the PAP requires you to send to the Defendant. Screw this part up and you'll find yourself already starting on the back foot, especially when solicitors might be involved. 

Read it thoroughly. 

Sorry I was not very clear. I did mean attaching the appropriate PAP documents, rather that their content needing to be incorporated in the main body of the email.

Yep, that's fine. 

Castle

The PAP only applies to a business claiming payment of a debt from an individual.