LBC BW Legal/Britannia Parking

AnotherVoice

Hello.
I am starting a thread as i believe i have an LBC, the letter is headed Letter Of Claim, it states if i do not pay before a date in January they have been instructed to issue a claim without further notice to me.

This is the second letter that has come through from BWL, I did not respond to the first.

The date of the alleged contravention is from May 2016. It was an ANPR, they claim i did not make a valid payment.

I assume i do need to at least respond to them now, they want £150 from me (suggesting court costs could total £250)

I am not worried about a CCJ or anything like that, i just want to tell them to go away using your advice please.

Many thanks.

PS, if i have missed anything in the newbies FAQs i do apologise i tried to read and understand as much as i could before posting.

beamerguy

Does the LBC give you proof of their claim such as photos etc, proof of the money claim and 30 days to respond ???

Does it add a fake £60 ??

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

AnotherVoice

Thank you for your reply.
No proof sent with this letter.
Not sure what constitutes proof of the money claim, nothing other than 'you owe this money'.
They have added £60 to the original fee for debt recovery costs yes.
30 days to respond, yes.

beamerguy

AnotherVoice wrote: »

Thank you for your reply.
No proof sent with this letter.
Not sure what constitutes proof of the money claim, nothing other than 'you owe this money'.
They have added £60 to the original fee for debt recovery costs yes.

BWLegal still failing to behave themselves .... a real legal LBC must prove their claim, they must give a breakdown of the charges. It should include numerous forms, which you ignore.
It must give you 30 days to respond.

We know about the fake £60 to which is "double recovery" which a court will not allow

Check out they operate
https://forums.moneysavingexpert.com/discussion/comment/72775365#Comment_72775365

If as you say they failed to prove their claim then send a SAR to BWL and Britannia ..... they must respond

AnotherVoice

OK thats great thank you.

AnotherVoice

Received a reply saying they (BWL) will provide what i asked for in the SAR but that it doesn't negate their claim, they still have the right to pursue me blah blah.

Also had a nice chat with the Solicitors Regulation Authority, and am deciding whether to submit a complaint against BWL for not sending evidence with their LBC.

AnotherVoice

Despite saying they would send the SAR by sometime in February, they have now filed a claim, which i received today.

So, as i see it, i have received a letter from them saying i owe them X, with no proof, a reply from me asking for proof, their confirmation to provide proof, then filing a claim without providing proof.

Asking for:
Original Fee £80
Interest £20
'Contractual costs purusant to PCN Terms and Conditions' £60

Then:
Court Fee £25
Legal Representatives Costs £50

Coupon-mad

Yep, so in your defence you can start by stating that the claim is premature and in breach of the CPRs, and in breach of the PAP re Debt claims, and in breach of the GDPR by unreasonably and unfairly processing data for a claim, before the Claimant has supplied the SAR data and information requested in good faith by the Defendant.

None of this (below) is recoverable - interest on an alleged £80 debt = £20, whaaaat? Because THEY chose to sit on it for 3 years they reckon they can rake in interest for that period of inaction by them?

Interest £20
'Contractual costs purusant to PCN Terms and Conditions' £60
Legal Representatives Costs £50

Tell us the date of issue of the claim, and that you HAVE done the MCOL AOS as shown in pictures in the NEWBIES thread post #2 (an easy but vital first step).

AnotherVoice

Yes, interest. Charged at, what seems like a very reasonable rate 8%apr.

Date of issue is from May 2016, i did go through the newbies stuff but i don't recall what an MCOL AOS is.

Thank you for replying.

KeithP

But what is the Issue Date on your Claim Form?

AnotherVoice

31st Jan sorry.