BW Legal - Is "Letter of Claim" a "LBCCC"? Can I just settle?

Valiante

I have been receiving and ignoring letters from various agencies (Zenith, etc) since April. I have never responded or acknowledged the PCN. I have today received a "Letter of Claim" from BW Legal which has me concerned. I've spent the past hour trawling through various related posts and have read through the Newbie Thread, particularly the section regarding LBCCC/LBC/LBA and to not ignore these.

However, I searched through the Newbie Thread for the term "Letter of Claim" and there are zero results. So my question is simply.. is this a Letter Before County Court Claim/Letter Before Claim/Letter Before Action and should I respond accordingly?

In all honesty, I'm beginning to wish I'd just paid the original charge and be done with it - I don't need this right now - I'm seriously considering paying the balance due to BW Legal, but I've read such horror stories that now I'm not sure that would even put an end to it. Is there any way I can refer this back to the PPC to settle with them directly, or is this too little too late on my part? I really don't wish to have to defend this in court.

Thanks in advance.

SAN88

I am following this as we are in exactly the same position. From what I’ve read here I’m pretty sure the letter of claim is an LBC but I have no clue how to proceed. It’s so confusing and really is stress and hassle you don’t need. They were sending the original PCN to my partner’s previous address so he had no opportunity to appeal it etc.

I hope some wise person can shed some light on what we should do next and if this letter of claim is indeed the same as an LBC.

Good luck x

Le_Kirk

It is a LOC/LBC/LBA/LBCC if it gives you 30 days to respond and includes financial forms (which you don't fill in), assuming it is a proper letter of/before claim, follow the advice in the NEWBIE section post # 2 and fire off a rebuttal - search the forum for some examples.

Valiante

Thanks Le_Kirk. It certainly is that - dated 13 Dec, giving me until 17 Jan, or a CC claim will be issued without further notice, with enclosed Information Sheet, Reply Form, and Income & Expenditure Form.

If, at this point, I just want to get rid of them, will registering on their site and paying the balance achieve this? Or [STRIKE]will[/STRIKE] can they deny I've paid it and continue to come after me (as I've read on other threads)?

waamo

Which parking company are they working for? Some bluff and bluster without actually doing anything.

Valiante

The client (PPC?) is Britannia Parking Limited.

Le_Kirk

Valiante wrote: »

<SNIP> at this point, I just want to get rid of them ......... and pay the balance

The letter normally tells you how you can pay and to whom. Of course, regulars on here will never recommend that you give in to these scammers but it is your call.

Valiante

I understand that - but my reason is simple; I'm self-employed, with no paid leave. If I have to take even half a day off work to defend this, it will cost me twice the "Current Balance" on BW Legal's "Statement of Account". So if I fight this, I will be worse off financially.

My question is less about how to pay (as you're correct it's all detailed in the letter from BW Legal - set up an account on their site, settle the payment, etc). It's more about whether if I do pay, will that be the end of the matter, or can they continue to pursue this claiming I haven't paid? Is there a known precedent for this? I've searched the forums until my eyes hurt, but I can't find anyone who's gone down this path.

waamo

If you pay and can demonstrate you've paid then that's the end of the matter. There is nothing to stop you waiting and seeing if they issue a claim. They might, they might not.

If they do you can settle up to the point of walking into the court. You can also negotiate a lower payment

Valiante

I didn't see your edit. I have paid - didn't want this hanging over me over Xmas. Reading other threads regarding Britannia & BW Legal, the general consensus is "these are always won in court". Win or not, a day in court is a bigger loss to me. I have an email with receipt of payment. Let's see if this ends the matter - I'll post back here with any / all responses I received, if interested.

The_Deep

Congratulations, you have been scammed.

Now, 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.