BW Legal 'Letter of Claim' for Britannia Parking PCN

MM85

Hi

I’ve received a ‘Letter of Claim’ from BW Legal on behalf of Britannia Parking Limited for a contravention of “parked longer than the maximum time permitted” in Q3 2017. The debt is £160, which is £100 PCN charge, plus “Our Client’s initial legal costs of £60.00, which are detailed in the car park or signage terms and conditions.”

The letter states: “We have been instructed by Britannia Parking Limited to commence legal action in the form of issuing a Claim against you in the County Court in respect of the above debt. If payment or a response is not received before [mid] January 2019, we are instructed to issue a Claim against you in the County Court without further notice. If you dispute this debt, please tell us why so that we can help resolve this matter.”

Does this mean the ‘Letter of Claim’ is in fact an LBCCC? I’m assuming so…

From the details I’m assuming the contravention occurred in a retail/private car park which is ANPR controlled with a maximum stay of 20 minutes for free – a clear money making scheme. My girlfriend and I moved house around the time of the contravention. We stayed with a friend for a couple of months, and during this time I noted my official address as my parent’s address. We then moved house to where we currently live, and we updated the address on our Driving Licences and the vehicle’s V5.

I visited my parents at Christmas this year and collected my mail. There are various debt collection letters, a letter from Britannia and BW Legal, and the LOC mentioned above. Clearly none of these companies have checked for my most recent address – we’ve been living here for a year now. Also, in the first letter from BW Legal the £60 is noted as “Total Debt Recovery Costs.”

I started receiving texts and automated voicemails from BW Legal last month, stating to return their call and that they had “written to me regarding a personal business matter.” I blocked the number assuming it was spam, as I’ve been getting more and more spam calls recently. Not sure how they got my phone number – is this a GDPR breach?

As per the newbies thread, my immediate course of action will be to contact the retailer, contact Britannia regarding a SAR, and email BW Legal asking to put my case on hold during the SAR. I will also confirm my current address to all of them.

Any further advice at this point would be greatly appreciated.

Many thanks

Redx

LOC = LBCCC = LBC = LBA = whatever you think an LBC should be entitled, providing it follows the PaP oct 2017 rules , they are all the same thing, be great if there was ONE official name , but there isnt

any GDPR breach would have to be reported to and accepted as such by the ICO, UNTIL THEN IT MAY OR MAY NOT BE A BREACH

they can make reasonable attempts to contact the alleged debtor, but we advise people to complain to the SRA about the phone calls etc, and to write to the DPO at B W LEGAL and insist that only postal mail is used, nothing else

if the LBC contains financial forms and gives 30 days notice, consider it to be an official LBC and respond accordingly, including the rebuttal to B W and the SAR to the PPC etc

if it doesnt , then its not an LBC, its a debt collector letter from a solicitor , the main clue is in the time to reply (ie:- if its less than 30 days)

MM85

Thanks

Attached to the LOC is Annex I from the 'PRE-ACTION PROTOCOL FOR DEBT CLAIMS' PDF I found on the justice.gov.uk website, so it is a full LOC.

I will contact Britannia regarding the SAR.

Will a basic email to BW Legal regarding the SAR suffice, or should I return the PAP form to them, selecting Box D (I dispute the debt) and Box I (I need more documents or information)?

Thanks

beamerguy

“Our Client’s initial legal costs of £60.00, which are detailed in the car park or signage terms and conditions.”

So, BWLegal are now saying it's either detailed in the car park or on a sign ????? Don't they know or is it a game of hide and seek ???

Can you go and take pictures of the signs or the "hide the parcel"

BWLegal has been talking this rubbish for a while now.

THE TRUTH 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

BWLegal are trying to extort money from you and this must be shown to a judge if it goes to court

Redx

MM85 wrote: »

1) I will contact Britannia regarding the SAR.

2) Will a basic email to BW Legal regarding the SAR suffice,

3) or should I return the PAP form to them, selecting Box D (I dispute the debt) and Box I (I need more documents or information)?

1) correct

2) yes it will , read other recent B W threads to see what they have said and plagiarise their words

3) no , do 2) instead