BW Legal - Final Notice - Transfer of ticket

iamagoodperson

I have received a letter from BW legal on behalf of Napier Parking, regarding a Parking Charge Notice issued back in 2013.

I did respond to Napier parking at the time but this lead nowhere.

Since then I received a letter from a few Debt collectors and one was called Debt Collector Plus seeking debt recovery, which I replied denying this, and my case was put on hold. I have kept most communication eg ticket, letters and fine though some emails have been lost over time due to Hotmail changing to outlook.

I have now received a final notice letter from BW Legal. This letter referenced the first letter which I never received and they are now threatening County Court Proceedings.

The PCN was issued on the basis of transfer of ticket, which I deny. When I asked for evidence last year BW Legal provided pictures of my car with my valid ticket - BUT NO EVIDENCE OF THE TICKET TRANSFER.

I have responded to the final notice via email as I read up on all the posts and newbie forums but I still wanted to create a thread in case it went to court.

I have been communicating with them but am I right in thinking that they only have 6 years to bring it to court.

KeithP

iamagoodperson wrote: »

I have been communicating with them but am I right in thinking that they only have 6 years to bring it to court.

Yes that's right.

It doesn't matter that you have been communicating, as long as you have never acknowledged the debt.

beamerguy

2013 ??? Napier parking MUST be having a lean time ?

The trouble with BWLegal is that they don't seem to know all about the claims they make. Time after time, we see BWLegal getting whooped in court because their claims are nonsense

It is up to them to prove EVIDENCE OF THE TICKET TRANSFER.

For that, they need to show you a picture of that actually happening.

They also need to show a judge this proof, otherwise it will be seen as wasting the courts time and you can claim your costs

BWLegal read this forum, they have to so they can see the error of their ways

PROOF BY THEM IS THE KEY ?

The_Deep

I am not sure that a transfer of ticket is a breach of contract, it seems that it might be an unfair term in a consumer contact to me. I know that Ryanair charge an arm and a leg to change a ticket, but they are an Irish company and have to issue a new ticket.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week, hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers. It has even been suggested that some of these companies have links with organised crime.

Watch the video of the Second Reading and committee stage in the House of Commons recently. MPs have a very low opinion of this industry.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

https://hansard.parliament.uk/commons/2018-07-19/debates/2b90805c-bff8-4707-8bdc-b0bfae5a7ad5/Parking(CodeOfPractice)Bill(FirstSitting)

and complain in the most robust terms to your MP. With a fair wind they will be out of business by in the not too distant future..

nosferatu1001

Respond stating that,as they allege the ticket was transferred, in order to settle any disputes and to meet the overriding objective, you require sight of the any evidence they habve that a ticket transfer took place.
As they must already have this in their posession, as it is clearly a doucment relevant to being instructed, you require this within 7 days.

iamagoodperson

Thanks to everyone for replying, I have always asked for evidence and all I was sent was my ticket on my dashboard in my car. The whole process just keeps going round in circles. I have replied via email to BW Legal and they have responded saying I need to confirm my name, first line of my address and postcode. I think it ok to provide this information as they already have this as they posted me my letter. I have never accepted liability because I had a valid ticket.

beamerguy

iamagoodperson wrote: »

Thanks to everyone for replying, I have always asked for evidence and all I was sent was my ticket on my dashboard in my car. The whole process just keeps going round in circles. I have replied via email to BW Legal and they have responded saying I need to confirm my name, first line of my address and postcode. I think it ok to provide this information as they already have this as they posted me my letter. I have never accepted liability because I had a valid ticket.

It's because they cannot confirm who you are by email.

You respond as the keeper

NAME
FIRST LINE OF ADDRESS
POSTCODE

NO CONTACT PHONE NUMBER as BWLegal harass people by phone
plus they cannot be trusted

Coupon-mad

Then send them a SAR demanding all evidence.

iamagoodperson

beamerguy wrote: »

It's because they cannot confirm who you are by email.

You respond as the keeper

NAME
FIRST LINE OF ADDRESS
POSTCODE

NO CONTACT PHONE NUMBER as BWLegal harass people by phone
plus they cannot be trusted

Yes I have experienced the calls already because I called them after receiving a letter and explained the situation which went round in circles as well.
It went something like this: I had a valid ticket, Nice Act then I suggest you pay the fine, Why I had a valid ticket. Nice Act then I suggest you pay the fine. This went on for about 17 minutes with a few holds in between.

iamagoodperson

Coupon-mad wrote: »

Then send them a SAR demanding all evidence.

I have done this in sorts as it was a final notice letter. I sent a email with a breakdown of all the things I wanted and explained to me as they were treating court. Not sure if it was correct but we will see what they come back with.

Umkomaas

iamagoodperson wrote: »

I have done this in sorts as it was a final notice letter. I sent a email with a breakdown of all the things I wanted and explained to me as they were treating court. Not sure if it was correct but we will see what they come back with.

You might need to head it up 'SUBJECT ACCESS REQUEST'.