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bwlegal BPL Letter of Claim/ restrict processing

karlaiskrazy
karlaiskrazy Posts: 56 Forumite
UPDATE UPDATE

Dear Sir.
OUR Client: Britannia Parking Group Limited t/a Britannia Parking
Client Ref : XXXXX
Claim Number: XXXXXX
County Court: Stafford
Hearing Date: XXXXX

We refer to the above matter.

We enclose by way of service our clients Notice of Discontinuance , a copy of which has been filed at court.

To the court

The claimant discontinues all of this Claim.

against defendant XXXXX

.................(enter name of judge) granted permission for the claimant ti discontinue all part of this claim by order dated.....................)

I certify that I have served a copy of this notice on every other party to the proceedings

Signed XXXXXX Claimant;s solicitor.
Position of office held: Paralegal.

Date 23July 2019







Hi all, registered keeper due to attend court 7th Aug.

Have received letter from BWLegal basically ripping the defence apart. ( points bear no relevence to this matter) Adding the pay and display details that were asked for 21st Dec 2018. (proving driver paid a fee and over stayed per machine by 3m8s. ANPR 18m 20.)

They had made an offer - Without Prejudice Save as to Costs which has been ignored seems like drivel.

(currently in the middle of a house move) and would have moved address on day of court and will be 2.5 hours away. Should we let parties know of change of address when submitting statement and evidence?

Still working on WS. so have some questions.

As keeper was not the one driving is it just his WS?

Does the driver need to do a WS

and any other i.e. passengers?

Thanks again.










Dated 5th June 2019

From Notice of Allocation to the Small Claims Track(Hearing)

Deputy District Judge has considered statements of case and directions questionnaire filed and allocated the claim to small claims track.

Unless the claimant does by 4.00pm on the 10 July 2019 pay to the court the trial fee of £25.00 or file a properly completed application(i.e one which provides all the required information in the manner requested) for help with fees, then the claim will be struck out with effect from 10 July without further order and, unless the court orders otherwise, you will also be liable for the costs which the defendant has incurred.

The hearing of the claim will be held on.....at.......

Please note that this case has been listed for a hearing any application to adjourn this date will carry a court fee of £255.00 unless you can get written consent from the other party(s) and file your request at court at least 14 days before the hearing date. A consent application to adjourn which is filed less than 14 days before the hearing date will carry a court fee of £100.00.

It is advised that you arrive an ample time prior to the start of your hearing. Please note the Ushers desk is manned from 9.30 am to 1.00pm and then 1.50pm.
Relevant paperwork or fees to be filed at.............For telephone enquires please contact...................

The letter then goes into what the parties must do before the hearing.


Questions? What do I do now?

Thanks again for your help its appreciated.




22nd March 2019.

BWLegal reply to defence.

We wright with reference, our client intends to continue with claim, we confirm that we have notified the court of the same.

Question. What is our best direction now.

Many thanks.



4th March 2019.

Email back from MP case worker who seem interested in BWLegal/Britannia Notice of CJJ and time constraints considering acknowledged CCC and prepared defence.

Fingers firmly crossed now.


2nd March 2019

Delay in posting, internet has been playing up.

So had another letter from BWLegal for Notice pending CCJ with now different dates. Think they maybe trying scaremongering?

28th February 2019

HM Courts & Tribunals Service Letter, acknowledge receipt of defence. Copy sent to claimant ( or solicitor) They may contact you direct to resolve dispute. If it can not be resolved, the claimant with inform the court that he wishes to proceed. The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.


Question?? do I need to anything else in the meantime?

Thanks


26th February 2019

Reply from MP caseworker for more information to look into this case.

Awaiting second reply from SRA.

Fingers firmly crossed for a good reply now.


18th February 2019 Notice of pending County Court Judgment.

Received another letter from BWLegal

CCJ may be entered against you, we represent Britannia and have issued legal proceedings.

you have failed to respond. If you do not contact us or respond to CCC we will enter a CCJ.

If CCJ is granted we may seek to enforce payment through one of.... Warrant of control (Bailiff may visit your home)
Attachment of earnings (your employer may be ordered to deduct payments)
Order to attend court for questioning (attend court to disclose financial circumstances)

What to do next ...... by 3rd March 2019, (set up payment plan)

Signed B W Legal.

Question ignore letter but add this into defence?

1.2.1. The Claimant continues to harass the Defendant with more letters and a Notice of Pending County Court Judgement where if a CCJ is granted they will seek to enforce CCJ through one of the following. Warrant of control (Bailiff may visit your home)
Attachment of earnings (your employer may be ordered to deduct payments)
Order to attend court for questioning (attend court to disclose financial circumstances) This is not only an intimidating approach but completely unnecessary as the Defendant has Completed an Acknowledgment of Service through MCOL.

I've to send my defence by Monday 25th February 2019.

Many thanks in advance.


County Court Claim 25th January 2019.

So as soon as received SAR from Britannia The registered keeper then receives a COUNTY COURT Claim.
Claimant Britania,
Documents and payments to BWLegal.
Need to reply within 14days.
Issue date 23 JANUARY 2019.
Court is in Northampton a 1hr 30mins away.

Any help would be appreciated.


23rd January 2019

Britain sent SAR information with my attached letter that they received 21 December 2019, however no PDT machine record which I asked for. ( I had paid for an hour).
No sing pictures (the sinage at the carpark has now changed as run by Europarks.)


18th January 2019

So after sending emails to ICO, SRA and BWLegal,

I have had an email back from SRA stating they will look more closely into this. They may need more info and will aim to contact by 11 Feb 19.
Also attached was a step by step guide of what happens next, very informative.

Has anyone had similar?

I await further correspondence from the other (BWlegal, Britania and ICO)

Am I still going in the right direction?

Many thanks in advance.

Happy New Year 2019. :beer:

Thanks for taking the time to read the following update and my appreciation on any advice and help received.

After sending SAR to Britannia recorded delivery and email to bwlegal, I have since received a letter back not from Britannia (who the letter was sent to but from BW legal) With a manage your account online (on the back of the cover letter below) a BW legal : Privacy Notice (13 single sided sheets A4)

The letter reads:

Dear XXX
Our Client; Britannia parking Group limited t/a Britannia Parking
Account number: XXXX
Balance Due: £160.00

We write in reference to the above matter and your email which was received on XX December 2018.

Please note that we are acting on Our Client's instructions to recover the above balance which remains due and owed by yourself to Our Client.

Information about the right to restrict processing is available on the Information Commissioner's office website (i cannot post link) The right to restrict processing only applies in certain limited circumstances. We are not of the view that the right to restrict processing is applicable in this case. Your data is processed for the lawful purposes set out in the Privacy Notice, a copy of which is enclosed and available on (I can not post link) Whilst we acknowledge you have made a request for information with Our Client it is important to note this does not affect the validity of Our Client's claim meaning that Our Client has overriding legitimate interest to recover the sums due to them.

It then says your account will not be suspended from further collections activity unless we are instructed to do so by Our Client. Please contact us to reach a suitable resolution.

We trust this is satisfactory and clarifies Our Position. Should you be dissatisfied with our response you may raise a complaint with the Information Commissioner's Office.

Yours Sincerely

BW Legal

*8th December 2018*

Good evening, I am very new to this.

I have ignored all letters up to now and seems that this is the second company to deal with this PCN.

Letter of claim.

Letter is to registered keeper.

Date of contravention 20th March 2017.

This letter dated 4th December 2018.
If payment or a response is not received before 8th January 2019, they will issue a claim against in CC without further notice.

Ok, so what do I do now? Any help is appreciated.

Merry Christmas, to you all.
«13456711

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi karlaiskrazy, welcome to the forum.

    The first thing you need to to is edit your post to remove clues to the driver's identity.

    Your fourth sentence should be limited to: "Letter is to registered keeper".

    And on a similar vein, there is nothing for you to do... it is the keeper that needs to respond. ;)

    There is good guidance on how to respond to a Letter of Claim in post #2 of [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread.[/URL]
  • KeithP,

    Thanks, how do I edit post?

    I looked on Newbies but couldn't dissect which was hashtag2, working on Mac and even more confused lol
  • KeithP

    Thanks have found the edit.

    What is the subheading for info needed.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 8 December 2018 at 9:45PM
    how do I edit post?
    By clicking on the edit button at the bottom of the post you want to edit.

    I looked on Newbies but couldn't dissect which was hashtag2, working on Mac and even more confused lol
    That is just telling you to read the second post on that thread.
    Every post has a number - top right.
    E.g. this is post #5 on this thread.
  • KeithP,

    Thank you and to clarify info is 'one size fits all? not naming the driver PCN ref number?

    Thanks again
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    KeithP,

    Thank you and to clarify info is 'one size fits all? not naming the driver PCN ref number?

    Thanks again
    No.

    You are reading post #1 of that NEWBIES thread.

    The posts are lengthy, you need to be reading the first few paragraphs of the second post on that thread.
  • KeithP,

    Thanks for your time on this, so am I correct in thinking its the response letter I need to do SAR?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    KeithP,

    Thanks for your time on this, so am I correct in thinking its the response letter I need to do SAR?

    That's more like it. You're in the right place now. ;)
  • KeithP

    Thank you, you are an amazing help.
  • KeithP

    Thank you again, I have filled in the information required and all looks ok? Have put my address, phone number and name, all data I require them to send me. Have digitally signed it.

    Am I correct to email it over to BPL then send it to bwlegal stating I've sent SAR to BPL and ask that they put this case on hold?

    I think I've got it?
This discussion has been closed.
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