Letter from BW Legal - failure to pay PCN from TPS

Gullavar

Hello, I hope I have gone about this forum post in the correct way please let me know if I have failed to follow any rules.

I have read through the newbies thread including quite a few posts about BW legal both older and even from the past few days. I have started this thread as I want to confirm I am at the stage of the process that I think I am.

I have received a letter from TPS informing me they have passed the matter of a failure to pay a PCN over to their 'legal team' and also on the same day received a letter from BW Legal informing me I have 16 days from the date of the letter (13th November '18) to pay in full or they will go back to TPS to seek instructions on whether to commence court proceedings etc.

An ANPR camera captured images of my vehicle in question staying past the 3 hour limit in a free retail car park somewhere between 0100hrs and 0500hrs. I was using the 24hr Starbucks in this retail park, I work nights and on my nights off I go and have coffee with work friends and was completely unaware of this maximum stay until I received a NTK from TPS. I failed to appeal through POPLA etc as I chose instead (probably wrongly I see now) to ignore all the threatening correspondence.

At this point I believe now I am to send TPS an SAR and send BW Legal a request to put the case on hold (as I have seen in a thread created earlier today). I have one slight difference and that is I am away from home studying and living in another city. This is why it took so long for these letters to reach me (they were forwarded by my family) and why its taken me so long to make a post here.

Can someone just confirm for me I'm on the right tracks with what to do next, i.e. SAR and Hold order to BW Legal.

Many thanks,

The_Deep

They must allow 30 days, not 16, what else have they got wrong? How much are they asking for?

beamerguy

I have received a letter from TPS informing me they have passed the matter of a failure to pay a PCN over to their 'legal team' and also on the same day received a letter from BW Legal informing me I have 16 days from the date of the letter (13th November '18) to pay in full or they will go back to TPS to seek instructions on whether to commence court proceedings etc.

It's a chaser, it's one of BWLegal's little games

For them to proceed, they must send you a Letter before claim which .....

1: MUST GIVE YOU PROOF OF THEIR CLAIM, that will include pictures, charges etc.
2: THEY MUST GIVE YOU 30 DAYS TO RESPOND/REBUT

Bet they have added a fake £60 ??

Not the smartest of legals ........ hence ...
BWLegal - the list of failures growing

https://forums.moneysavingexpert.com/discussion/5672664/bwlegal-the-list-of-failures-growing

Gullavar

The main body of the BW Legal letter is as follows; ( this is word for word including spelling / grammatical mistakes )
________________________________________________________________________

Dear (Me)

Our Client: Total Parking Solutions Limited
Acc Number: #######
Vehicle Registration: ########
Parking Charge Notice: Camera
Contravention description: Vehicle exceeded the maximum stay time
Contravention Location: The Place Retail Park Milton Keynes
Balance due: £124.00

We have been instructed by Total Parking Solutions Limited in relation to the Balance Due for the above PCN.

The Balance Dure includes the £70.00 PCN charge plus Our Client's initial legal costs of £54.00, which are detailed in the car park or signage terms and conditions. Our Clients terms and conditions are clearly displayed in our client signage.

As you have failed to make a payment or raise an appeal within 28 days from the date of the PCN, the Balance Due remains outstanding and we require payment in full within 16 days from the date of this letter. If you fail to make payment or provide reasons for non payment within the specified timeframe, we will seek Our Clients instructions to commence Court proceedings against you, which may result in you receiving a Letter of Claim pursuant to the Pre-action Protocol for Debt Claims as contained within the Civil Procedure Rules (CPR).

County Court Proceedings
In the event County Court proceedings are issued, you may be liable for Court fees, further solicitors' costs and statutory interest. If Our Client successfully obtains a County Court Judgement ("CCJ") against you, then a CCJ may be recorded on your credit file for 6 years unless you satisfy the CCJ in full within a month of the CCJ being entered. A CCJ on your credit file may affect your ability to obtain future credit and may affect your employability.

What do you need to do next
It is important you contact us to resolve your account. We are keen to work with you and one of the quickest ways to review your account is to register on our Customer Portal by visiting (their website here). Through our Customer Portal, you can make a payment, advise us of any disputes against the PCN, upload documentation to support your dispute and communicate with us via web chat.

Call us today on 0113 323 4479 if you would prefer to discuss your account with one of our helpful team.

Yours faithfully

BW Legal.
_______________________________________________________________________

Redx

debt collector letter


IGNORE it


come back to this thread when they issue an LBC with 30 days notice plus the financial forms

Gullavar

Ok, will update should I receive one of those.

Thank you.

beamerguy

Gullavar wrote: »

Ok, will update should I receive one of those.

Thank you.

The Balance Due includes the £70.00 PCN charge plus Our Client's initial legal costs of £54.00, which are detailed in the car park or signage terms and conditions. Our Clients terms and conditions are clearly displayed in our client signage.

I have to admire BWLegal with their stupidity.

The silly add-on is normally £60 ? now it's £54 ??

BWLegal now selling their services for even less ? Next thing is they will paying the defendant ..... WHAT A JOKE BUNCH

STILL A FAKE ADD-ON BY BWLEGAL

#OP ..... do the signs really show what they claim ? Go and take pictures yourself

Poppet308

I am going through the same receipt of these letters.
Due to parking "unpaid" for 10minuets in an NCP space whilst I tried to look for change, then try to pay on my phone. I was unable to do this, so left and parked in the next car park that I had enough change for.
I have chosen to ignore the letters so far, but recently received the exact letter above from BW Legal.


I have read the newbies forum, and many other threads, but I am unclear if BW Legal have the ability to proceed and take people to court if you choose to ignore the letters?
And unsure if I should continue to ignore any further correspondence or respond.


Also to add to the frustration- the time they are claiming I left the car park, is actually later than the time on my purchased ticket. Which means I was in the NCP spot less than the time they are claiming.

Redx

Poppet308 wrote: »

I have chosen to ignore the letters so far, but recently received the exact letter above from BW Legal.

I have read the newbies forum, and many other threads, but I am unclear if BW Legal have the ability to proceed and take people to court if you choose to ignore the letters?


And unsure if I should continue to ignore any further correspondence or respond.

Also to add to the frustration- the time they are claiming I left the car park, is actually later than the time on my purchased ticket. Which means I was in the NCP spot less than the time they are claiming.

of course B W LEGAL can issue a court claim on behlaf of their client, they are a frim of solicitors and if NCP or any other client instruct them to do so , they can do it. NCP could also do it if they wish to

if you get a formal LBC or an MCOL in the post (either of you) then you deal with it, until then you ignore, those are the simpole truths of the matter

send NCP a SAR and get all their docs and evidence and pictures and signage and contracts etc, whilst you have time


if you have the purchased ticket, take pictures of it and also keep it safe, for up to 6 years

Gullavar

beamerguy wrote: »

#OP ..... do the signs really show what they claim ? Go and take pictures yourself

I have pictures showing that the signage is one sign partially covered by a tree branch and will obtain a photo at night as this entrance sign is not illuminated. I'm assuming I may rely on that information should the time come to rebut.

Coupon-mad

Yes.

If they try a small claim, which BW LEGAL will do, then part of the defence is always about unclear signs. Examples are in the NEWBIES thread post #2, where bargepole tells you about how to defend a claim and examples defences are shown. All of which include a criticism of the signs and the assertion that no contract was agreed/seen.