Small Claim Now Issued - bwlegal - letter of claim, reply then response, next steps

samboella

Hi there,
I'm after some help with my claim.
I received the following letter of claim from bwlegal:

hxxps://drive.google.com/file/d/0B3GSziwMdrnAbEhqd1NHTEJzaGRIRVZKZ0pRODNkdkM3WjVZ/view?usp=sharing

I've read the Newbies sticky thread and various other threads and responded with the following letter:

hxxps://drive.google.com/file/d/1yEJlQt5MbufDUvjxtLCgcCVUWq7ZuTUi/view?usp=sharing

They have come back to me with the following reply:

hxxps://drive.google.com/file/d/1bCXCcFhtyAKzB6HUAQirbAAnWzVkDZpe/view?usp=sharing

Now, I'm not 100% sure which template to reply with. I wondered if the following would be a good choice from Parking Cowboys (which I was directed to by one thread):

hxxps://drive.google.com/file/d/1PgNkrA_1rgJvTQ157LnFB8AvUYwTIy4Z/view?usp=sharing

Or whether there is a better letter template I could use? I don't feel confident penning something from scratch.

I've done my best to follow all the discussions about how their arguments don't stand up but i'm getting a little lost and am also getting a little worried that I'll end up in court, so much so that I ended up in hospital with heart troubles due to the stress as I simply cannot afford their fees.

A little background, I attended the Colour Rush Charity event at Willen having driven directly from the airport after landing from a holiday. I made it to the car park late for the event.

The car park was very badly manged with no signage to direct traffic, completely overflowing and the actual car park (where there are designated spaces) was completely blocked by a coach that they were trying to direct. I was already late for the event and a bit panicked that I would miss it (having paid a considerable sum to attend with a group of other people) so I backed my way out of the car park found a small slip of grass and followed suit with others and parked on a grass verge.
I didn't see a single parking sign or meter near me and it didn't cross my mind I would need a parking ticket as I was panicking about the event and also not in a designated space.

To charge me £100 for this seems exorbitant and as such I'd like to fight this claim, if indeed anyone thinks I stand a fighting chance??

Any help would be greatly appreciated.

Redx

edit the above

what happened on the day happened to the DRIVER

what happened since that day has happened to the KEEPER

the following words should never be used

"MY , ME , MYSELF & I"

Coupon-mad

Now, I'm not 100% sure which template to reply with

Please stop with the templates. I hate them at this pre-court stage and they get nowhere.

To charge me £100 for this seems exorbitant and as such I'd like to fight this claim, if indeed anyone thinks I stand a fighting chance?

I didn't read any details just skim read. Not sure why you are asking - the NEWBIES thread tells you we have a 99% success rate!

also getting a little worried that I'll end up in court, so much so that I ended up in hospital with heart troubles due to the stress as I simply cannot afford their fees.

Court stage is what you want, as this is where they are beaten, or at the very least, this nasty scam will be over, either way.

If you lost the case (rare here) as long as you defended the case well and picked holes in the made-up added 'costs' you would have no CCJ and you'd be told to pay less then is currently being demanded.

Stop feeling you have to keep responding. You seem to think you can stop a claim. You can't. But that's what you WANT, to end it!

samboella

Okay. Thanks for the reply redx.


Apologies 'couponmad', I wasn't intending to offend. But the idea of standing in court makes me nervous.


Reading many threads, I though using a template was the way to go.



I've read lots on here but there is still that nagging worry that perhaps you don't stand a chance. Again, no offence intended.


Okey dokie. I'll wait for the paperwork to come through. And many thanks for taking the time to respond.

The_Deep

I received the following letter of claim from bwlegal:

https://drive.google.com/file/d/0B3GSziwMdrnAbEhqd1NHTEJzaGRIRVZKZ0pRODNkdkM3WjVZ/view?usp=sharing

I've read the Newbies sticky thread and various other threads and responded with the following letter:

https://drive.google.com/file/d/1yEJlQt5MbufDUvjxtLCgcCVUWq7ZuTUi/view?usp=sharing

They have come back to me with the following reply:

https://drive.google.com/file/d/1bCXCcFhtyAKzB6HUAQirbAAnWzVkDZpe/view?usp=sharing

As you are probably aware, £238 is more than the law allows, they are trying to scam you into paying monies to which they/their client is not entitled. They know this but keep adding on these scam charges as peole think that, as so
solicitors they are correct, they are not.

Even if they won in court, the most a judge is likely to award them is iro £175 - £200, the rest is down market law firm scam money.

I urge you to report them to their regulatory body, the SRA, for claiming for costs they know are not allowed. This, imo is not only fraud, but conduct likely to bring their profession into disrepute.

http://www.sra.org.uk/home/home.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)

KeithP

samboella wrote: »

...the idea of standing in court makes me nervous.

No standing involved.

Have a look at this short video...

www.youtube.com/watch?v=n93eoaxhzpU

samboella

Hi all, 
Just thought I'd ask you're advice on this as it's reared it's ugly head again.  
I sent them my letter asking for pictures, map of parking signs etc. on 02/06/18.  They didn't respond until 12/11/18.  I didn't do anything further with it and heard nothing until 10/03/20 with a notice of county court claim.
I  completed the acknowledgment of service on 29th March but since then, I haven't had time to prepare my defence (I'm a key worker, student, parent and caring for vulnerable people - it's been way down the bottom of the pile).
They're now sending very friendly discount letters stating the offer is open until the 30th May and the court have sent me a letter stating they are closed (due to current situation) until tomorrow.
I just wondered if it's worth still trying to defend my case or whether, due to lack of time I've had to prepare my case, I'm too late?
I'm a bit confused about the best way to proceed.  Should I go in with the SAR request? I think I'm too late for this.
I still maintain that there was not adequate parking on-site - 3 of us in the car and not one of use saw a sign indicating we needed to pay to park so I still dispute this.
Just wondered if anyone thinks I should try putting a case together?  The offer deadline has made me think there is still a chance?
Talk about dragging it on!  Over a year to issue court proceedings.  They must make decent money out of this for it to be worth their while.
Thanks in advance.

beamerguy

Right, BWLegal again.   I assume that they added a fake £60 to their claim?

Even though you have a court claim, they have sent you a standard letter and you must look at this in a logical way and that is ..... would they offer a discount if they thought they could win the full amount they claim.???

They have given you until the 30th May to respond. So let's respond.   Do please PM me and we will get a letter done.  Once you agree, we can show the forum.
Others on here will confirm I'm ok to contact

Coupon-mad

I  completed the acknowledgment of service on 29th March but since then, I haven't had time to prepare my defence (I'm a key worker, student, parent and caring for vulnerable people - it's been way down the bottom of the pile).

Right.  You are headed for a CCJ if you are not careful and stop getting distracted by oher letters!

Now, tonight, email the CCBC an adapted version of the template defence (see the NEWBIES thread).  The template defence is new this year for this forum and takes no more than half an hour for you to edit the red bits and sign & date - very easy!  Show us what you intend to put in as the facts in #16 and #17 of the template?

You will ned to add the new April Statement of truth at the end, but the NEWBIES trhead tells you what that is (the template needs editing to include it).

Beamerguy is very reliable and knowledgeable and will also prepare a good letter for you to send to BW Legal but that is NOT your priority - NOW.  Defence!!

KeithP

You may be too late.
Check you MCOL Claim History. Has a Default Judgment been issued?

What is the Issue Date on your County Court Claim Form?
From your post it seems to have been issued in the first week in March.

If that is so, you are now in a race. If you file a Defence before the Claimant seeks a Default Judgment against you, then you go through to the next round.
If however the Claimant seeks that Judgment before you file a Defence, it is all over - you lose.

To file a Defence, follow the guidance in this post:

https://forums.moneysavingexpert.com/discussion/comment/76880595#Comment_76880595

Guidance on creating a Defence is also in that thread - in the first post on that thread.

Johnersh

samboella said:

Hi all, 
I didn't do anything further with it and heard nothing until 10/03/20 with a notice of county court claim.
I  completed the acknowledgment of service on 29th March but since then, I haven't had time to prepare my defence.

Can you confirm
1. Date you received claim form
2. Date you acknowledged
3. Date you have diarised for the defence. 

I may be missing something but I'd be concerned that the ppc may be planning on stringing you along in the hope the defence is missed, at which point they'll slam in a request for judgment in default. 

Don't mess around. Even if you're late, even if you're time short, for goodness sake get a defence in.

Even if you decided to admit to liability for a £100 parking charge, inmho all cases should defend the bolt on £60.