Armtrac PCN Sennen Cove BW Legal Letter of Claim

Claire1932

Hi

I have received a letter of claim from BW Legal with various attached forms including Income/Expenditure form. It relates to a PCN at Sennen Harbour car Park on 8th November 2017. After reading this forum at the time and speaking to a solicitor acquaintance I decided to ignore their letters including the NTK and various debt collection threat letters. I received this letter on 24th December giving me until 27th January to respond. (Short on time I Know!) I have been considering whether to just pay or not as unlike most people on these threads I simply forgot to buy a ticket and didn’t realise until I’d walked to Lands End! By the time I got back to the car park to buy a ticket the PCN has already been issued so I don’t really have a defence other than I object to being charged £100 for a £3.50 ticket unpaid by honest mistake. I have read that if I am to take this further I should send an SAR request to Armtrac and e-mail BW Legal to put proceedings on hold until I receive this info back. I find a lot of the info on what to do complicated so would like an opinion on whether it’s worth me proceeding with the SAR, paying the £160 to BW Legal or making them an offer to pay the £100 only to put an end to it.

Thanks in advance for any help

Redx

the BEAVIS case over 2 years ago put paid the proportionate charge argument, so your "proposed defence" wont wash

they wont accept a lower offer either IMHO

YOU COULD TRY AND DEFEND THIS AND WIN ON A LEGAL TECHNICALITY IF YOU TRIED

its not our job to tell you what is best, you must decide for yourself


of course its complicated, its legal arguments , contract law and various court case results etc


a typical loss in court would be £175 to £200

Coupon-mad

I have read that if I am to take this further I should send an SAR request to Armtrac and e-mail BW Legal to put proceedings on hold until I receive this info back.

Yep, and as that is in the forum sticky thread, that is the advice we will give.

I find a lot of the info on what to do complicated so would like an opinion on whether it’s worth me proceeding with the SAR,

Yes.

paying the £160 to BW Legal

No, you don't owe £160.

or making them an offer to pay the £100 only to put an end to it.

Np, it's pointless and marks you out as a wobbler who just needs a few phone calls and texts and emails to push you into paying in full. They will find a phone number with a soft credit search or other online trawling, and will then harass you that way.

Fight it, the info in the NEWBIES thread is clear - even though I say so myself - and defending is worth it, regardless of facts of the case.