BWLegal LBC letter

ggwp

Firstly, apologies if I have missed anything in the newbies thread. I have followed it as best as I can and believe this is the next step I need to take.

I have just received a letter from bwlegal which I believe is a "Letter Before Claim". This is around 1 year after last contact after an appeal request.

To preface: I never received a NTK as I moved house and my first correspondence was around 2 months later after they had "traced me". I then replied within the 28 day appeal period, but they refused to acknowledge it as it was "past the 28 days of the initial contact" (they were referencing to the letter sent to my old house, which I never received). They then said they would not comment further.

I then stupidly ignored them after this - and had completely forgotten about it until receiving this new letter.

I want to complain to the land owner, but I can't find out any contact information for them. I have contacted the local council for help around this.

I now take it I need to write a SAR, but I can't find the correct details to send this to. (It's Britannia Parking). I am thinking of replying to my original appeal email with the SAR and asking them to forward it on to the relevant people.

I suppose I just want reassurance that I'm doing the correct step and if there is anything I have missed.

Thanks everyone here for the amazing work you're doing!

Coupon-mad

I now take it I need to write a SAR, but I can't find the correct details to send this to. (It's Britannia Parking).

What's wrong with the email address they provide in their Privacy page?

ggwp

I visited their privacy page and could not see one initially. I have rechecked and found an email address in the PDF linked to on the page. Thanks!

ggwp

After reading through this thread (hxxps://forums.moneysavingexpert.com/showthread.php?t=5927185&highlight=sar) I have realised that the letter I have received is possibly not an LBC. I have uploaded the image here adding a hxxp as stated in the other thread:
hxxp://tinypic.com/view.php?pic=2rr15j9&s=9

If this is the case, I will also follow the direction from that thread, sending a SAR to Brittania and ignoring BW until they send an actual LBC.

KeithP

http://tinypic.com/view.php?pic=2rr15j9&s=9#.XAWZXZUYCUk

That letter says "...we will seek Our Client's instructions to commence legal proceedings...".

So they do not yet have authority to start legal proceedings.

From that it follows that this is not a Letter of Claim, which in turn means it is a debt collector's letter.

Post #4 of [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL] contains comprehensive guidance on how to deal with debt collector's letters.

ggwp

Hello

Since the last post, I've received an actual Letter of Claim and followed the appropriate steps (SAR is sent and being processed).

BWLegal has also sent me the initial NTK that was never actually received, as it was sent to an old address. It has now come to my attention that the driver did park over the allotted time.

I did ask Britannia repeatedly to send me details of the event, and I did also send an appeal within 28 days of the initial correspondence that was sent to the new house, which they rejected stating the date from the NTK (which was never received)

What are my options now? Do I continue down this route or fess up and pay?

Any advice would be greatly appreciated.

Thanks

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/75304486#Comment_75304486

https://forums.moneysavingexpert.com/discussion/comment/75303959#Comment_75303959

Please read other threads exactly the same, from the same claim batch on here right now as it's too much of a burden for us to repeat everything all the time every day.

The_Deep

It is the will of Parliament that these scammers be put out of business.

Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers.

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. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially 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.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

ggwp

Hello

I have now received a Court Claim. I am currently entering the AOS on MCOL and I have a quick question.

It is mentioned on the forum to hit "Defend all of this claim", but from the SAR I see they have proof that the driver did overstay the allotted time. Is it still possible to fight the whole amount, or do I just hit "Defend part of this claim" and fight against the additional prices?

Thanks

beamerguy

ggwp wrote: »

Hello

I have now received a Court Claim. I am currently entering the AOS on MCOL and I have a quick question.

It is mentioned on the forum to hit "Defend all of this claim", but from the SAR I see they have proof that the driver did overstay the allotted time. Is it still possible to fight the whole amount, or do I just hit "Defend part of this claim" and fight against the additional prices?

Thanks

What proof do they have about the driver ????
Or is this wishful thinking on their behalf ??

ggwp

There are photos of the car entering and leaving the car park. The allotted time was 20 minutes and photographed time shows 30minutes.

The car park was near empty, but the signs are fairly clear...