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

nosferatu1001

7 days would likely be seen as unreasonably short. 14 days is the usual minimum 

DoaM

nosferatu1001 said:

7 days would likely be seen as unreasonably short. 14 days is the usual minimum 

Quite, but I was making the point that there's nothing set down in law. 14 days is ample time when there has been previous communication between the 2 parties.

Umkomaas

Sorry @69jase, I skim read that it was a LBC sent to you, not by you.  The Pre Action Protocol for Debt Claims (PaP) requires a 30 days response time be provided, but the PaP only relates to businesses seeking to recover debts, not to individuals. Short of someone correcting it, go with DoaM's advice above. 

69jase

DoaM said:

14 days is a recommended guideline ... nothing more, nothing less. You could state 7 days, 30 days, 21 days ... whatever you like. In reality, if you posted today (8th) and stated 14 days, you should give them until the 24th to respond - i.e. 16 days, allow 2 days for 1st class postage. (Get a free certificate of posting from the PO and attach it to your copy of the LBC).

I was planning to send via email?

nosferatu1001

Thats fine as well, as long as you know an emai laddress that they will accept one. 

Personally I would use post. 

DoaM

Or do both ... mention in the email that the LBC has also been sent via 1st class post.

69jase

Many thanks, just have no access to a printer during lock down.

To keep you updated, I have now received a response from the SRA. They inform me that no further action will be taken as my complaint has not passed their Assessment Threshold Test (on this occasion).

The SRA have informed me that they have received a number of reports, including mine, regarding the way BW Legal deals with the recovery of its client’s debts. Due to the pattern of these reports, they investigated BW Legal’s debt collection practices to consider whether their practices take unfair advantage of those who had allegedly parked in breach of car park terms and conditions. They have spoken with BW Legal on several occasions about its practices to fully understand how it operates this area of its business; also requesting various documents regarding the recovery of car parking charges. The SRA are satisfied that BW Legal is acting on its client’s instructions and it is instructed on claims where the parking company has been unsuccessful in recovering their parking charges after several attempts. The SRA highlight that it is not their role to make a finding on whether the claims pursued by the parking company are with merit, as it is a legal issue determined by the courts. Therefore, it is important to distinguish between the actions of the firm and the actions of its client over which we hold no powers of regulation.

In relation to my complaint and the concerns I raised regarding BW Legal continuing to contact me, despite the discontinuance, the SRA are not not taking any further action as BW Legal have explained that the claim was discontinued because the client agreed not to pursue legal action to recover it. Furthermore, withdrawing a claim does make it invalid and claims can be withdrawn with a view to reaching a commercial settlement. The SRA inform me that BW Legal has now taken further instructions from its client and the client has agreed not to pursue the disputed debt; confirming that the file is now closed. In addition, apologising for any upset caused by the correspondence I received and confirming that in future it will ensure that when cases are discontinued customers are informed as to what this means for their case.

SRA go on to outline that as I am not a client of BW Legal, they only owe me limited duties which is not to abuse its position by taking unfair advantage. Having considered the information provided by both parties, the SRA do not consider there is evidence to establish that the firm has taken unfair advantage. However, although they are not taking further action at this time, they state my information can be used with reports from other sources, to identify trends and patterns of behaviour, which may result in follow-up action in the future.

D_P_Dance

You can buy an Epson on line for very little money

https://www.argos.co.uk/product/9172874

Fruitcake

Do you have a pen and paper?