HELP PLEASE - Do I need to act on a Letter of Claim BW Legal?

bennjiboy

hi - any thoughts on our next step regarding this SAR response?

And also, any advice on the draft letter to this Letter of Claim?

I am away with work from sunday so want to get this moving as much as possible.

thanks again!

bennjiboy

Can anyone give any advice on the next steps for this SAR and the appeal letter I wrote earlier in the thread please?

Thanks :-)

bennjiboy

Hi - this is my draft letter to send to BW Legal regarding the Letter of Claim - any changes before we send this - we have until 2nd December to reply

Dear Sir

In response to your Letter of Claim to XXXX date XXXX your reference XXXX please find this response to deny all liability to the debt.

As you have stated, you have been instructed by UK Parking Patrol Office Limited to commence legal action, we look forward to the court hearing and presenting all the evidence to show that the invoice is invalid and the claim be dismissed.

Evidence includes:
• In response to the original appeal in January 2016, the adjudicator stated the following facts:
o If the Appellant parks within sight of the sign the terms of the sign apply to where they are parked.
• They then go on to state:
o I agree there is no sign in sight of the driver at the time of stopping.
• Furthermore, they state
o I cannot see on the Appellant’s evidence where they are parked.
• Regarding the place of the alleged parking, this was on the entrance to the DoubleTree Hotel. We requested evidence that this land is covered by the alleged contract between UKPP and the landowner. The response on the appeal is below, we once again hereby request this information
o There is no evidence who owns the land.
• The adjudicator also states that the signs DO NOT have to identify a boundary – surely this is illegal practice?

Reference to your letters dated 12th October 2018 and 29th October 2018, there is no evidence of:
• Photographic evidence or video evidence of the alleged Contravention
• Evidence of the Debt Recovery costs of £60 between BW Legal and UKPPO – this is a fictious amount and has no legal standing. Please provide proof of these amounts
• An SAR was submitted to UKPPO and no evidence has been provided of them passing any information to BW Legal regarding my personal information, including name, address and Registration Details of the vehicle. This is in direct contravention of GDPR legislation and costs will be sought in Court.
• Please provide evidence of the Interest Charge of £21.06
• Please provide evidence of how you got the full contact details of the keeper including address and Registration Details.
Please provide a full unredacted copy of the contract between UKPPO and the Landowner, clearly showing they have the absolute authorised right to issue a Parking Charge Notice. This was requested during the original appeal but keeper has been denied a copy.

Based on these statements alone, this case would be dismissed immediately in court and we will put forward a counter claim for loss of earning and expenses of attending a court hearing.


There are numerous other issues which make this debt unenforceable which will be put forward during any court hearing.

nosferatu1001

You cannot quesiton interest. This is statutory based on the claimaed amount at a rate of 8%.
You cannot put a counter claimn in for your costs of attending a court hearing. That is simply costs.

I suugest you have a long way to go. This is quite a poor LBA response.

bennjiboy

ok, thanks

was hoping it wasnt that bad :eek:

what would your suggestions be please?

Coupon-mad

Yes, I am about to change the LBC reply advice.

Bin ALL templates.

Send a SAR to the parking firm. Look up their PRIVACY PAGE for the email address.

And a holding letter to any solicitor, telling them a SAR is in progress with their client and to put the case on hold.

bennjiboy

thanks coupon-mad

we did an SAR - got this response.

Appeal was submitted under my name (i am not the driver or keeper) my wife is the keeper but due to work commitments at that time I did the appeal. Should we send another SAR to UKPPO asking specifically which companies they have passed the keepers details onto?

What should i do with the letter then, this is a letter of claim, and then they will issue a claim against keeper after 2nd december.

UK Parking Patrol

Department 309,

Great Northern House,

275 Deansgate

Manchester

M3 4EL


Dear Madam,


Parking Charge Number:

Vehicle Registration Number:

Thank you for your request. Please see the attached documentation, which I hope is sufficient as it is an accumulation of the data we hold on you.

I believe, as the matter was passed onto Debt Recovery Plus Ltd, that they may hold further personal information pertaining to you, as may other companies.

Please be advised that you have not been provided with copies of any appeal correspondence as, they were not submitted under your name.

Should you have any further queries, please do not hesitate to contact us.

Yours sincerely

S Doyle

UK Parking Patrol Office Ltd

Coupon-mad

Please be advised that you have not been provided with copies of any appeal correspondence as, they were not submitted under your name.

Send a SAR in the other name then, to see their hand (you want to see everything).

bennjiboy

Coupon-mad wrote: »

Send a SAR in the other name then, to see their hand (you want to see everything).

Done now thanks :-)

my main concern then is what to put in this letter, or do i just write and deny the debt, and wait for the Letter from the court?

E5tw

Hi,

So can we confirm - a 'Letter Of Claim' is different to a 'Letter Before Action' and other acronyms?

At the 'Letter of Claim' stage, is this still a 'file' till a LBA is received or not?

Thanks,
E