BW Legal letter of claim

concernedwoman

Hi,

I want to start by apologising for asking for help when there could already be a similar thread elsewhere BUT i have just spent over an hour trying to find an answer to my question, reading the 'newbies' section and clicking on links that look like they could be what I am looking for, and I am stuck!! I have a letter of claim from BW Legal. They have been instructed by NCP limited to commence legal action in the form of issuing a Claim against me in County Court in respect of the debt of £160.

I did not pay for parking. I wouldn't normally park in a car park and not pay, but on this particular day I was dropping something off to someone and pulled into the carpark using it as a meeting place. The person I was meant to be dropping something off to wasn't there and I waited around for quite a while, about half an hour. To be honest, I just didn't think about paying the car parking fee as I wasn't intending on staying, and I hadn't gone there to purposely park without paying.

Anyway, I have ignored all letters until this one. I can't argue against it as far as I am aware because I didn't pay it. There was sigange telling me to pay and I could read it, even though I didn't. Do I now pay or do I send a temple? I am asking because I have read the template letters and don't feel they are totally applicable to me.

I really do appreciate your help. I am worried about getting shouted at for asking, but I do find the site hard to navigate. Either no one has posted the same question as me or I am just easily stressed and therefore too panicked to calmly sift through everything until I find what I need. Sorry! And thanks in advance

Umkomaas

Is the letter headed 'Letter of Claim'? If so, you need to look at how to deal with that in the NEWBIES FAQ sticky, post #2.

BRITANNIA or NCP / BWL CASES

As you will see from the first few pages of the forum, there is an onslaught by BWL on behalf of Britannia or NCP (and a few other hitherto court-shy PPCs) which is being conducted on an industrial scale - roboclaims.

You are caught in a one-way traffic flow where you must fight or pay - there is no longer a safe 'do nothing' option.

1. Pay now, it costs you exactly what they are currently demanding.
2. Ignore it, a 'judgment in default' will inevitably follow for at least what they want - maybe with even more costs added; continue to ignore that, you're getting a CCJ with credit trashing consequences for 6 years.
3. Defend, yet lose in court, the cost award is likely to be noticeably less than their current demand ~£175.
4. Defend, and win in court, you owe them nothing and you could claim up to £95 for half a day's pay/loss of annual leave, plus travel costs @45p per mile, plus your parking cost for the day.

Your least costly option has to be 3, with hopefully a win as per 4.

But BWL/Britannia or NCP cannot physically take everyone to court, and there is evidence to show that with a well constructed defence, BWL can come along with a reduced 'offer to settle', which if refused, becomes a discontinuation. We can't give you guarantees on that, but as you have little choice other than to defend (if you don't want to pay), you need to give this your very best shot.

Whether you have a good defendable case to argue, you will need to read other similar cases at the defence (or beyond) stage and learn from those.

concernedwoman

Thank you for your reply. Yes, it is headed 'Letter of Claim'. I will follow your advice thanks

beamerguy

Also, take into account that BWLegal are adding on 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

To understand how BWLegal work and their failures read this
https://forums.moneysavingexpert.com/discussion/comment/72775365#Comment_72775365

concernedwoman

So, as I understand it, I now send them a SAR? Even though I didn't pay when I should have done?

Coupon-mad

Yes.

Do the SAR.

Please just do what the NEWBIES thread says, it's there to stop people questioning it on every thread, which we can't keep up with.

concernedwoman

I really appreciate your hekp so far but I am still struggling with it. Could you please send me a link to the specific part of the newbies thread I need to be concerned with. I am genuinely confused. I sent an email to NCP requesting a SAR earlier but now I am not sure how to proceed, even though I am sure to you it is pretty obvious and I can only apologise that to me it isn't. Do I just do this:

As well as the SAR to the parking firm's Data Protection Officer (DPO), also write a letter - by email to Gladstones or BW Legal or directly to whoever the PPC is, if they are not using a solicitor. Your letter can state that you have sent their client a SAR and so you require a restriction of data processing and the case should be put 'on hold'. Confirm your correct 'address for service' (especially if you've moved and they've traced you & might revert back to an old address).

This is an EASY formal letter to write - it will not stop most claims but it looks better to respond. Gladstones & BW Legal will refuse. Please don't post about that...all as expected.

This isn't a template, and that's what I was looking for. I thought I needed to put more info than just a letter to restrict data access? I am sorry, but I just need a bit more help with this.

Thanks

Coupon-mad

No need for a link, and I avoid giving links to it because this is simple and better if you learn how the forum works, so you can research without us pointing you to stuff.

Hit Control & F on your keyboard when looking at the thread, and put in 'SAR'.

You were looking at the right bit.

This isn't a template, and that's what I was looking for.

No you really weren't. They are horrible.

I thought I needed to put more info than just a letter to restrict data access?

Nope, unless you have silver bullet evidence to include as well.

concernedwoman

Thanks but I have done the SAR letter, I want to know how to respond to bwlegal. Do I literally just do a letter asking them to restrict data processing?

Coupon-mad

I added more to my reply. Stop looking for a horrible template rambling response!

concernedwoman

Last question, do Ire- quote all the waffle they have quoted to me eg - our client/ acc num/ date of contravention etc in my letter? Thanks!