Armtrac and BW Legal

Jukebox696969

From BW Legal
7 December 2018
Dear

Our Client: KBT Cornwall Ltd t/a Armtrac Security Date of Contravention: 8 December 2017 Services
Account Number Balance Due: €160.00
Vehicle Regi
Contravention Description: No Permit
Contravention Location: Kenwyn Mews Car Park Truro Truro
We have been instructed by KBT Cornwall Ltd t/a Amntrac Security Services in relation to the Balance Due for the above Parking Charge Notice ("PCN").
The Balance Due includes the El 00.00 PCN charge plus Our Client's initial legal costs of E60.00, which are detailed in the car park or signage terms and conditions. Our Client's 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 Client's instructions to commence legal proceedings against you in the County Court upon being served with a Letter of Claim pursuant to the Pre-action Protocol for Debt Claims as contained within the Civil Procedure Rules.
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 Judgment ("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. Our Client also reserves the right to commence enforcement proceedings against you for recovery of the Balance Due.
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 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, Enterprise House, Apex View, Leeds, West Yorkshire, LSII 9BH T: 0113 487 0430 F: 0333 370 0107 oX 716921 Leeds 39

The_Deep

I have called Armtrac who as I suspected confirm it is now out of their hands

Armtrac are lying. If this gets to court I am confident that a judge will see through this blatant attempt to scam permit holders. How can a permit being dislodged amount to a breach of contract?

That rubbish about CCJs is unnecessary and designed to intimidate, and, along with the unlawful £60 for legal expences should be brought to the attention of the SRA.

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

Jukebox696969

One thing occurred to me hence I just posted all the documents, I am not, nor was i the registered keeper of the car. It was a company car which was returned some time ago. I'm not even sure who the lease company were or if it even matters?

Cheers

cgh01

Could you please check your post #12 ,VRN is visible in this post and should be removed, also check previous post #10/11 for any reference numbers which maybe used to link these posts to you, PPC's have been known to read these forums

beamerguy

OH DEAR, BWLegal sending out their christmas greetings with another debt collector letter

we will seek Our Client's instructions to commence legal proceedings against you in the County Court upon being served with a Letter of Claim pursuant to the Pre-action Protocol for Debt Claims as contained within the Civil Procedure Rules.

Bt law they have to send you a LBC with proof and giving you 30 days to respond .... not a debt garbage letter

Our Client's initial legal costs of E60.00, which are detailed in the car park or signage terms and conditions. Our Client's terms and conditions are clearly displayed in our client signage.

REALLY ? Why not go and take pictures of these amazing signs just to see how visible the fake £60 is.

BWLEGAL ADD ON A FAKE £60 ?
In addition to the 'parking charge', the Claimant's legal representatives, BWLegal, have artificially inflated the value of the Claim by adding costs of £60 which has not actually been incurred by the Claimant, and which are artificially invented figures in an attempt to circumvent the Small Claims costs rules using double recovery. >>>> thanks to bargepole


All this rubbish about CCJ's ... THEY HAVE TO WIN FIRST

As The Deep says report them to the SRA because

Part 1: Liability for misleading and aggressive
practices
The 2008 Regulations make misleading actions unlawful
(see regulation 5). An action by a trader is misleading if it
contains false information or if it is likely to mislead
the average consumer in its overall presentation.

Consumer payments and “civil recovery”
The Regulations amend the definition of a “transactional decision”
to expressly cover demands for payment from a consumer in full
or partial settlement of the consumer’s liabilities or purported
liabilities to the trader (see reg 2(1A) of the 2008 Regulations).
This means that misleading and aggressive practices in respect of
such demands would now clearly lead to both criminal sanctions
(under the 2008 Regulations)

MISLEADING AND AGGRESSIVE COMMERCIAL PRACTICES
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/721872/misleading-aggressive-commercial-practices-guidance.pdf

A REPORT TO YOUR LOCAL TRADING STANDARDS IS IN ORDER

Umkomaas

Disappointing Response

I refer to your email below and confirm I have forwarded this to our client. Our client is very sorry that this situation has arisen due to an unfortunate incident with your permit becoming unstuck and appreciates and understands your comments. Unfortunately we have no jurisdiction over Armtrac and whilst our client may have been able to try and assist at the time due to your valid reason unfortunately it is now too late for any intervention. I have called Armtrac who as I suspected confirm it is now out of their hands having been passed over to a debt collection department, who in turn have now passed to solicitors. Armtrac advise that you would have been offered a reduced payment at the beginning of your appeal.
Armtrac is employed to the benefit of all of the Licensees of the parking spaces to prevent anybody else from parking in your space. This is why a valid and correct permit need to be displayed. The onus is on every individual to ensure that their permit is displayed although I appreciate that you had your permit on display when leaving the car. I apologise for not being able to help any further in this instance.

More hand washing than Pontius Pilate at Easter.

Is this pretty typical from an owners representative??

From the lily-livered section it is. They seem to be in mortal fear of knuckle draggers.

nosferatu1001

Remind thenm that:
1) They hired Armtrac
2) Armtrac hired their solicitors
3) If they dont want to be called to court to explain why they are unable to excerise control over their agents, and to explain how they have sold your space to Armtrac to run a busines from with no authority from you, the holder of the land, they should perhaps try a little harder to control their agent

They will be liabel for the actions of their agent, include their agents harassment
Washing their hands of this matter, and trying to claim they have no control, either means they are being misleading or they are incompetent.

Jukebox696969

Morning all, Happy New Year!

See below Letter Of Claim received between Xmas ans New Year.... Could you please let me know how I actually respond to this?

I know i need to respond, but not sure what to say, do I actually inform them why I will not be paying, or save that for court?

bw legal
Specialists in Legal Recoveries

Zone C
0015824101 100000
57351B\393 ..
M

When calling please ask for: The Collections Team Dir ect Line: OJ 13 323 4479
Email: parki ng@ bwlegaLc o.uk

Please quo te our reference in all correspon dence
Our office opening hours are: Mon - Thur: 08:00 - 20:00
Fri: 08:00 - 19:00
Sat: 09:00 - 13:00
calls may be recorded for training and
monitoring purposes

24 December 20 l8 Dear


LETTER OF CLAIM

Our Client: KBT Cornwall Ltd t/a Armtrac Security Date of Contravention: 8 December 2017 Services
Account Number: Balance Due: £160.00
Vehicle Registration:
Contravention Description: No Permit
Contravention Location: Kenwyn Mews Car Park Truro

We have been instructed by KBT Cornwall Ltd t/a Almtrac Security Services to commence legal action in the form of issuing a Clain1 against you in the County Court in respect of the above debt. lf payment or a response is not receive d before 27 Janua1y 2019, we are instructed to issue a Claim again s t you in the County Court without further notice. Jf you dispute this debt, please tell us why so that we can help resolve this matter.

Estimated Claim
Such legal action may result in you being liable for court fees, solicitors' costs and statutory interest which are estimated below.


Enclosures
Enclosed with this letter are:
• information Sheet:
• Reply Fom1:
• Income and Expenditure Fom1:



a sheet explaining what to do next, including how to avoid Court action. a fom1 to complete and return containing four sections.
a form to comp let e and return to outline your financial circumstances.



Principal Debt+ Initial Legal Costs £160.00
Estimated Interest £8.33
Estimated Court Fees £25.00
Estimated Solicitors' Costs £50.00
Estimated Total £243.33

What You Need To Do Now
Payment of £160.00 or your reasons for nonpayment are required by 27 January 2019 to avoid the above legal action. If you are unable to pay the Balance in full, Our Client is willing to enter into a payment arrangement which is affordable for you taking into account your financial circumstances.


How to Get In Touch
• Online


Manage your account at . You can complete the Reply Form and your income and expenditure online, make a payment, set up an affordable payment arrangement and speak to us by webchat.



BW Legal, Enterprise House, Apex View, Leeds, West Yorkshire, LS119BH T: 0113 487 0430 F: 0333 370 0107 DX 716921Leeds 39
BW Legal is a trading style of BW Legal Services Limited which is a company regist ered In England and Wales under Company Registration No: 07966978 Authorised and Regu lated by the So l ici tors Regulation Authority under No: 569773
Authorised and Regu lated by the Financial Conduct Authority in respect of consumer debt collection under Reg No: 619068

Redx

ok, now you need to lose the tunnel vision and read and digest some of the dozens and dozens of recent B W LEGAL threads that litter these pages on a daily basis

in them you will find exactly what needs doing and examples of what they are writing and who they are writing to, then its just a case of small changes to suit your own case

in simple terms, you will email

ARMTRAC with an SAR by email asap to get all their date etc

and you will

email B W LEGAL with the usual LBC rebuttal as seen in thos other threads, this iwll also include rebutting the additional charges like the £60 they have added onto the initial £100 charge (double recovery)

and refresh yourself with the NEWBIES FAQ sticky thread as all the acronyms and advice you need are linked in there

be pro-active from now on, not reactive

Jukebox696969

Thanks for this, I have sent a SAR to Armtrac and will respond to BW Legal shortly.

At this point, should i include some information as to why I refute the PCN? I don't know if that's a good idea, or if its giving them information that i will be relying on should it go to court?