BW Legal Letter of Claim

Aardvark22

Hi

I wonder if I could get some help with this one please? I have read the newbies FAQ etc. but I could do with some advice specific to this case if anybody can assist?

In January 2018 my employer received an initial letter, headed "Notice to Keeper", from Britannia Parking, alleging that a valid payment had not been made for parking on 2nd January. The date of the notice was 22nd January. By my understanding this is not within the POFA 2012, as the NTK must be sent within 14 days of the parking in order for the company to pursue the keeper.

The only "evidence" presented in the initial NTK were ANPR photographs showing the time of entry and exit of the vehicle. The driver was not visible in the photographs.

Needless to say the letter was passed on to me by my employer. I have ignored that letter and several subsequent letters from Britannia, Debt Recovery Plus and Zenith, thinking that it was unlikely to come to court as surely Britannia would at some point realise that they cannot pursue the registered keeper if the NTK was sent late.

Things went quiet for several months but in December 2018 my employer received a letter from BW Legal with the usual threats of potential CCJs etc etc., and a demand to pay up. I discussed the problem with my employer who agreed to just continue ignoring for now.

However, my employer has now received a Letter of Claim from BW Legal notifying us that Britannia Parking have instructed BW Legal to issue a claim against my employer in the County Court without further notice, unless the debt (which now appears to include "Initial Legal Costs") is payed in full by 1st February. Also included are some forms to fill in and return.

I could do with some help with this one. Several questions occur to me:

1) Will BW Legal check the details of the case (i.e. did Britannia Parking comply with POFA 2012?) or will they just issue court proceedings.

2) Can I simply write to BW Legal on behalf of my employer (the registered keeper) stating that POFA 2012 has not been complied with and so it will be futile to issue court proceedings?

3) I am willing to go to court over this as I believe that the parking charge was paid at the time. If BW Legal takes my employer to court on behalf of Britannia, who will be asked to attend court?

Thanks in advance.

beamerguy

However, my employer has now received a Letter of Claim from BW Legal notifying us that Britannia Parking have instructed BW Legal to issue a claim against my employer in the County Court without further notice, unless the debt (which now appears to include "Initial Legal Costs") is payed in full by 1st February. Also included are some forms to fill in and return.

When was the letter dated ???

A LBC must give you 30 days to rebut/respond and include proof of their claim such as pictures and a break down of costs
THE FORMS YOU IGNORE

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

The court will not allow this.

Some reading for you and your boss
https://forums.moneysavingexpert.com/discussion/comment/72775365#Comment_72775365

Redx

you may well be wrong about the 14 days , because its a company vehicle which has different criteria under POFA2012, so depends who is the RK and if they received it within 14 days

read the edna basher posts and explanations and timelines AS TO WHAT AND WHY

1) B W LEGAL will do whatever their clients tell them to do , due diligence is not at their core, AND they may well have complied with POFA (we dont know the timelines yet)

2) the actual people being pursued (RK) should write to B W LEGAL and BRITANNIA , seems to me your employer did not name you as lessee to BRIT , in order to comply with POFA, this should be done asap, so that you get the paperwork as the day to day keeper

3) IT MAY NOT BE YOU GOING TO COURT, DEPENDS ON WHOSE NAME IS ON THE MCOL WHEN IT ARRIVES !!

seems to me that at this moment in time neither you nor your employer understand all this depite the law being over 6 years old

I suggest you try and follow a correct path asap as up to now its a dogs dinner

nobody has to admit as to who was driving, but you need this to be in your name, as lessee/keeper (day to day keeper) if you are supposed to be dealing with it (and always did need it in your name, as the NEWBIES thread tells you)

Aardvark22

Thanks for the speedy responses!

The Letter of Claim was dated 28th December 2018, (which is more than 30 days prior to their deadline for payment of 1st February). The letter of claim does detail costs, including debt, initial legal costs, estimated interest, estimated court fees, estimated solicitors costs - total £226.72. There is no proof of claim beyond the statement "Failed to make a valid payment".

Many thanks

Aardvark22

PS. Neither I or my employer are the lessee. This is not a leased vehicle, it is owned by my employer. Is it that the 14 day rule does not apply if the vehicle is leased at the time?

I cannot find the Edna Basher posts, would you be able to direct me to them please?

Thankyou

beamerguy

Aardvark22 wrote: »

Thanks for the speedy responses!

The Letter of Claim was dated 28th December 2018, (which is more than 30 days prior to their deadline for payment of 1st February). The letter of claim does detail costs, including debt, initial legal costs, estimated interest, estimated court fees, estimated solicitors costs - total £226.72. There is no proof of claim beyond the statement "Failed to make a valid payment".

Many thanks

A court claim should be ...
£100 ticket
£25 court fee
£50 legal fee
small amount of interest

£226.72 is well above what a court will allow

It's the old "double recovery" fake add on from BWLegal

Aardvark22

Thanks again for the advice Beamerguy.

RedX, I have read the section of POFA 2012 pertaining to parking charges, and it would appear to me that, unless this is a hire car, that the requirement for the Notice to Keeper to be sent within 14 days of the parking applies. Do you know something about PCNs and company cars that I've missed?

I am considering three options.

1) Paying to avoid any further hassle. POFA 2012 states that the only amount recoverable is the amount demanded in the Notice to Keeper. In this case that would be £85. So one option would appear to be to just pay them £85 to avoid any hassle. I don't want to do this however unless there is no other way out of my employer going to court!

2) Writing BW Legal a letter stating that Britannia Parking have not complied with POFA 2012, specifically that their NTK was served later than the required 14 days, then hoping they pay attention.

3) Is it possible to settle this (i.e. pay the £85) once a claim in the County Court has been issued, or will it be a one-way ticket to court once they've applied?

Thanks again for the help!

Redx

if your company owns the vehicle then they are the RK and you would think that you are right , but its more complicated than that because its a company and not a person

see this 5 year old parking prankster blog about it

http://parking-prankster.blogspot.com/2013/06/company-car-drivers-exempted-from.html

1) I doubt that they will settle for £85

2) the company can do this seeing as they are the RK, BEARING IN MIND THE PRANKSTER WORDS OF WISDOM

3) only if you can settle this out of court, any time up until the court hearing (at any figure at all)

you need to be more aware of how this company vehicle and company RK aspect alters any perspective

but seeing as the company are not hiring the vehicle, the hire car situation doesnt arise, but a lot are leased and so become more complicated when that is the case

the edna basher posts you missed are at the bottom of the NEWBIES faq sticky thread , post #1

I suggest you read ALL of his posts over the last few years, because he does this for a living


also read through this company vehicle one too


https://forums.moneysavingexpert.com/discussion/5907593/county-court-claim-form-vcs-limited-parking-fine


note the info about defending as a company and NOT an individual , so edit your posts to remove the info about who did what, it was the DRIVER on the day and the company (KEEPER) since that day (not the day to day keeper)

Coupon-mad

So one option would appear to be to just pay them £85 to avoid any hassle. Is it possible to settle this (i.e. pay the £85) once a claim in the County Court has been issued

That is not even an option now, at pre-court stage. You can't pay £85.

Do this:

Writing BW Legal a letter stating that Britannia Parking have not complied with POFA 2012, specifically that their NTK was served later than the required 14 days, then hoping they pay attention.

But they will not pay attention, and you WILL get an inevitable court claim, but take heart from the fact that we see 99% wins on this forum when people follow all advice, all the way.

Your case seems as good as all the rest, and winning a dispute in court will feel great and will be a life experience to tell friends about afterwards.

FIGHT THE SCAM. This is why we are here in our own time, every day! Trust us.

...parking on 2nd January. The date of the notice was 22nd January. By my understanding this is not within the POFA 2012, as the NTK must be sent within 14 days of the parking in order for the company to pursue the keeper.

Good.

Aardvark22

Okay, writing a letter to BW legal seems like a more palatable option than paying them £145. One big question, of course is, if (when) this comes to court, who will be required to attend court? My employer? Me?

My employer may allow me to write the letter disputing the charge, if I agree to attend court and pay the money if the court finds in the claimant's favour, but I am absolutely sure my employer won't want to appear in court over it in person.

This is of paramount importance in whether I pay up or not. Who does the court actually summon???

KeithP

Nobody is summoned.

Nobody is forced to attend.

A case can be hard 'on the papers'.

If nobody defends, the case is lost.