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BW Legal letter LBC or not?

greg1283
greg1283 Posts: 10 Forumite
edited 12 December 2018 at 12:22PM in Parking tickets, fines & parking
Good morning,

Have read through all the suggested NEWBIE threads on her for advice which are all very detailed and helpful.

However am still unsure of which course of action to take as am unsure if the letter have received from BW legal is an LBC/LBA/LBCC. It came in an envelope with a second letter from Britannia parking. It gives 16 days to respond.

It has the usual threats of ‘may’ start legal proceedings and has ways of paying on the back. understand that the advice is to ignore any bog standard debt collector letter and come back if receive an LBC/LBA/LBCC, so can someone help and advise on simply identifying exactly what this letter is please?

Many thanks in advance.

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    debt collector letter , not an LBC at all

    an LBC gives 30 days to reply and includes financial forms

    IGNORE this debt letter and await a formal LBC
  • greg1283
    greg1283 Posts: 10 Forumite
    edited 12 December 2018 at 12:21PM
    Thank you for your reply Redx. thought this had gone cold as appealed over a year ago within the 28 days online and never received a response ( was parked and topped up the payment but there was a gap of two minutes in between)

    Is it possible that they won't ever send an LBC? If theydo what should be done

    Is there anything else that should be done now?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    you WILL receive an LBC, that is a fact !! this is a game based on procedures

    a year is nothing in this game, they have 6 years to issue a court claim so all they have done is bided their time, amassed thousands of unpaid invoices and tasked B W LEGAL to get them paid or take the recipient to court

    send BRIT a SAR under GDPR to get all their evidence against you

    when you receive an LBC, you send an LBC rebuttal

    you said you had read through the NEWBIES FAQ sticky thread, well all this is explained in there, to stop people from asking what to do

    so

    1) send BRIT a SAR under GDPR 2018 rules

    2) wait for the LBC , construct a LBC rebuttal (denial of alleged debt) and send BW legal that after the LBC arrives, do not fill in the financial forms
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Is it possible that they won't ever send me an LBC? If they do what should I do If they do send me one?

    Anything is possible with scammers, they have up to six years to decide. If they do you have two choices, pay or fight.
    You never know how far you can go until you go too far.
  • greg1283
    greg1283 Posts: 10 Forumite
    edited 12 December 2018 at 12:18PM
    Thanks the deep, rather naively the driver did not keep a reference number for the appeal that was submitted online, the driver paid both the parking tickets at the time in cash and no longer has these tickets.

    Is it worth the driver fighting this in your opinion, They don't want to risk CCJ's etc as they hope to get a mortgage in April.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    greg1283 wrote: »
    Thank you for your reply Redx.

    I thought this had gone cold as I appealed over a year ago within the 28 days online and never received a response

    THE DRIVER was parked and topped up the payment but there was a gap of two minutes in between)

    you mean that THE DRIVER was parked, so edit your post again

    there is no reason for the following words to be used when talking about parking events ( "MY , ME , MYSELF & I")

    BRIT should have issued a rejection with a popla code, so do the SAR asap and get all their paperwork and look for any rejection with a popla code

    if they didnt do this, then complain to the BPA AOS by email with copies of all paperwork and a brief timeline of events and failures

    also get them to give you the PDT printout for an hour before the vehicle was parked to an hour after it left, with unredacted entries for this vehicle VRM (ie:- there should be 2 entries on the PDT machine and the times etc)

    this is why you need all their evidence, because the devil is in the detail


    this issue wont affect any mortgage at all


    if you lost in court , you pay up, in full , within one month, to avoid a credit rating issue, so you pay in full and promptly after any court loss and no CCJ, no credit issues
  • Thank you so much, for your advice it’s given me the determination to fight this.

    When wiring the rebuttal and the SAR are there templates I can use for these as I don’t want to get the wording wrong or miss anything out? Should I ask for the PDT print out additionally within the SAR as you have written it in your post?
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Is it worth the driver fighting this in your opinion, They don't want to risk CCJ's etc as they hope to get a mortgage in April.

    Absolutely worth fighting. The risk of it affecting your credit is nil as long as you do as the judge tells you. I suggest you read up about CCJs on google Also, complain to your MP.

    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. Read this one which I wrote earlier

    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.
    You never know how far you can go until you go too far.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    the newbies faq thread gives advice on these 2 aspects

    the danger with templates is they are not specific, so I would do what CM has already written in that thread because it is up to date

    you can also look at the dozens of similar threads written here in the last few months and do as they do or have done

    I would definitely request that PDT printout in order to show the 2 entries, and to do so in the SAR as I previously mentioned (why would I tell you to do it in a SAR and then have to confirm what I said ? doesnt make sense as I would not have said it uness I meant it)
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Yes send Britannia a SAR. They have 30 days to respond and if they don't, you report them to the ICO

    You have received the now famous "16 day rubbish from BWLegal"

    The LBC that you will receive MUST give you proof of their claim.
    As said that will give you 30 days to respond/rebut

    Be advised that BWLegal will add on a fake £60 which is not allowed, this is the way of BWL who try to extort extra money.

    Go ahead with your mortgage because nothing can happen until the matter is decided by a judge and way things are going, it could be end of Feb or in March. The courts are currently overworked with these fake claims
    Then assume that you lose, you will have 28 days to pay before a CCJ

    But, you will win because claims made by BWLegal are often so flawed they are kicked out of court.
    And the plus for you then is that you claim costs against them, normally about £90
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