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BW Legal LOC for NCP parking

Olly123
Olly123 Posts: 42 Forumite
edited 14 November 2018 at 7:47PM in Parking tickets, fines & parking
Hi,

I have been following and reading up on these threads for a few months now but have just received a letter of claim and wanted to start a thread for the potential incoming court hearing...

I now know my first mistake was not appealing in the first place as I believed it was still just an ignore and they'll go away type jobby!

As I hadn't appealed any of the letters from the NCP before receiving the next one from a soclitor I believe I read that it was too late to start appealing now so continued to ignore the correspondence, so far it's gone like this NCP-Gladstones(I think)-Trace Debt-BWLegal.

Today I have received a letter of claim and from scouring these forums I believe I now need to take action and go back to them but I've noticed a lot of posts where the "copy and paste" responses are out of date, I'm more than happy to draft across a strong response off my own back but was hoping to gather some advice on some of the finer points so thank you in advance.

The letter was the standard one I've seen on the threads before, letter of claim dated 5 days ago, contravention date July 2018, balance due £160, description - Parked longer than time paid for. Then just been instructed by NCP to commence legal action in the form of a court claim, come back within 14 days, estimated total costs etc etc

So here's what happened, July 2018 NCP car park, paid for a ticket was 20 odd minutes late leaving due to screaming child meltdown getting in carseat. Car was caught on ANPR leaving the car park late.

I'm not sure where to start with all of this, I don't want to use a copy and paste method but would like some advice on the type of important info I need within the letter. I also saw a thread where someone stated stress related disorders etc and that this wasn't helping and it just so happens this is a similar situation where the person suffers and has doctors records to back this up.

Sorry if this post seems a bit confused, I think i've read a bit too much on the forum and it's all blurring into one at the moment! :eek:
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Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    Throughout here you are advised never to reveal who was driving

    You need to edit your post to remove details of who was driving

    The ppcs monitor this forum and can use your posts against you
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 14 November 2018 at 6:29PM
    IMO, if they took this to court they would struggle.

    Read he BPA Code of Practice WRT grace periods. 20 minutes is within acceptable limits.

    Lots of people suffer stress when they get these tickets, but they really are not a big deal.
    You never know how far you can go until you go too far.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Olly ...... what you have is a debt chase up. You ignore Trace which was the right thing to do.

    Puzzled that Gladstones were involved but maybe NCP read on here just how incompetent Gladstones are ... or maybe now, BWLegal are pinching business from Gladstones. This is a nasty sewer living industry ........ REAL solicitors would never get up to this rubbish.

    Recently NCP cancelled a ticket yet still instructed BWLEGAL.

    It took the BPA to tell the brain dead NCP but it does prove one thing, NCP are just one of the BPA's scammers.
    The debt collectors and the dodgy legals just join in the scam
    like lemmings

    Wait for a real LBA which they must prove their claim to you and giving you 30 days to respond

    Then come back here
  • Olly123
    Olly123 Posts: 42 Forumite
    So Beamer guy the letter of claim I’ve received from BW Legal is still an ignore?

    I might of been confused about a letter from Gladstones but I’m sure there was one after the intial letter form ncp...
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Olly123 wrote: »
    So Beamer guy the letter of claim I’ve received from BW Legal is still an ignore?

    I might of been confused about a letter from Gladstones but I’m sure there was one after the intial letter form ncp...

    Just to make sure, scan the letter removing all personal info
    and upload to a free site then link here using hxxp not http
    and someone will make it live
  • Olly123
    Olly123 Posts: 42 Forumite
    Hi Beamerguy,

    Please see the link for the letter below

    hxxps://imgur.com/a/QdzSB8v
  • Castle
    Castle Posts: 4,956 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Yes. that's a letter of claim, (AKA a LBA).
    https://imgur.com/a/QdzSB8v
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Olly123 wrote: »
    Hi Beamerguy,

    Please see the link for the letter below

    hxxps://imgur.com/a/QdzSB8v

    That is an LBA
    https://imgur.com/a/QdzSB8v

    Did this letter enclose proof of their claim, IE pictures etc
    The £160 IS FAKE ..... the amount is £100
    Who were the debt collectors that chased you
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    £240 is more than the law allows, imo they are trying to defraud you. If they took you to court and won, the most that a judge is likely to award should not exceed that figure. They know this but try to get more by threatening CCJs, etc, many people believe their threats and pay up.

    If this is the case, I urge you to complain to their regulatory body, the SRA

    please read their Code of Conduct here

    http://www.sra.org.uk/solicitors/handbook/code/content.page

    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.
    You never know how far you can go until you go too far.
  • Thank you for your responses so far.

    One thing I neglected to mention although I'm not sure this has much value is that they have been sending the letters to our home address with an old surname on them. Does that make any difference or is that our fault for not updating it yet?

    Beamerguy, along with the letter was a few packs asking for payment plans etc but no proof or pictures of the incident just stating the charge is £160.The debt collectors were Trace Debt Recovery, complete and utter shambles!

    TheDeep, thank you for your message, I'll definitely be complaining to my local MP, quick question though, should I complain to the MP in the district where the carpark is or my local MP? We come under a different district even though we are only 5 miles away!

    I'm happy to take this whole thing to court and part of my wants to just to screw these cowboys over, IMO we have enough backing to get this thrown out and potentially make a counter claim for the stress etc this has caused (backed up by GP), firstly child being sick on herself and having a meltdown etc, only leaving 25 minutes late due to this issue.

    So as this is a LBA I need to act now and go back with a robust letter asking for picture proof of the incident along with detailing their charges as it should only be £100, is there anything else I should add or just keep it brief and to the point? As mentioned yesterday I think I've read a bit to much on this forum so my heads literally spinning lol so apologies if this has been answered elsewhere!
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