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

bennjiboy

Draft letter for this Letter of Claim - need to post this tomorrow thanks for any advice or changes needed

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.

Your attention is also drawn to some of the facts from the original appeal in 2016, where the appeal was dismissed, despite some resounding evidence below stating that you must be in sight of a sign for the terms to apply, but the IAS also agreeing that there is no sign in sight of the driver!!??

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 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 and boundaries must be in place for the alleged contract?

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, including photographs of signs on the day of the offence in sight of the driver.
• Evidence of the Debt Recovery costs of £60 between BW Legal and UKPPO. Please provide proof of these amounts
• An SAR was submitted to UK Parking Patrol Office, in the name of the Keeper, and also of the Keepers Husband due to UKPPO saying that the appeal was not in the drivers name!!?? Incomplete information has been provided by UKPPO and they will not confirm if they have passed any information to BW Legal, DRP, Zenith Collections or indeed any other company regarding my personal information, including name, address and Registration Details of the vehicle. Further information has been requested and whilst this is in progress it is requested that the litigation is put on hold. UKPPO, specifically an individual named S Doyle, has been evasive, non-comital and will not provide a direct YES or NO to a simple question. This has been reported to the ICO in the strongest terms.
• 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.

Coupon-mad

Looks good, enough to rattle them a bit and maybe get the claim issued after Christmas instead of before. Typo here:

non-comital

bennjiboy

thank you - will update this thread once we hear back.

This forum is awesome, really excellent advice from everyone!

:-)

bennjiboy

Hi - so today I received some information from the DVLA.

They confirm the request was made through a secure electronic link.

Enquirer Details: UK Parking Patrol Office Limited

Enquiry Reason: Breach of terms and conditions of a private car park.

Now, as this was Newcastle Airport, and the NTK is in breach of the byelaws at 1315 - Roads surrounding Newcastle Airport, Woolsington The reason we issued a PCN to the vehicle is as follows: 6.3 - Parking in Prohibited Area

I remember reading somewhere about them using KADOE and it not being allowed for this reason for the invoice?

Can someone confirm or correct me?

Thanks

KeithP

bennjiboy wrote: »

I remember reading somewhere about them using KADOE and it not being allowed for this reason for the invoice?

Can someone confirm or correct me?

Here is a link to the DVLA'a KADOE contract.

bennjiboy

hello, to update, finally got a reply from BW Legal - "we confirm your file has been put on hold while we query this matter with our client. We will contact you once we have a response from our client"

Client being UKPPO.

Does this mean its not going to court, or not going to court "yet"

KeithP

The latter.