LBC received...am I too late...

Queenofsheba

OK so I've come to the forum a bit late I realise now, happily ignoring all letters as I thought that was 'the thing to do with PPC PCN's (I've only just learned these acronyms today)...I've attempted to read NEWBIES thread...

I overstayed minutes over a year ago, received a Notice of Claim from BW early this year (can't give exact date as per your advice).

I called them more recently to request what evidence the PCC had and have received some pics. Should one of them be of the signage? I am already a day over the response time given in that latest letter from BW.

I have in panic sent a reply requesting a new Letter Before Claim that is compliant with the PD as per the advice, but in all honesty their LBC looked as if most requirements met...

Should I just give up? I wondered if the bloomin' long walk (and drive) from the machine to the car park is any defence? My only excuse is fairly recent baby, hard to get online time to get my head around all this, altho I appreciate this won't wash!! Thankyou

The_Deep

Never give up unless you deliberately set out to scam them.

Have you read the stickies/FAQs, Have you read their AOS's code of practice? Do you understand grace periods? All of these can save you paying.

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 become so widespread that MPs agreed to enact a Bill to regulate these scammers. Hopefully, this will become law by Easter .

Umkomaas

Did the BWL letter enclose a sheaf of forms and give you 30 days in which to respond?

Which parking company is BWL representing?

Have you changed address during the time you have owned the vehicle involved?

beamerguy

There is no point in contacting BWLegal, they are simply a mechanical robot, deaf, dumb and blind. They have only one goal and that is to attack people

How long did they state you overstayed for

Did you actually pay money into the machine

ShakeItOff

If you have gone past their 30 day deadline in LBC, don't worry!

You will likely get a claim form come through, which is not as scary as it sounds - just come back here, have a really (really!) good read of Post 2 in the NEWBIES thread and you will have help

One thing you could do is send a SAR to the PPC. This would get you ahead of the claim, as they have to respond within 30 days. Send one off to the DVLA too. Hopefully you will then receive these before the defence needs submitting (if you get the claim).

Coupon-mad

received a Notice of Claim from BW early this year (can't give exact date as per your advice).

You call it a Notice of Claim, but later a LBC. Which is it?

The former sounds like BW Legal were telling you they HAD ALREADY filed a court claim, in which case you would have received that under separate cover from the CCBC...did you?

Or is the letter just a LBC with reply forms?

Should I just give up?

Obviously not, given that we win 99% of well defended (fully forum assisted) claim defences here, and because the sum they are demanding is overly inflated and more than they'd likely get even if you were in the 1% where the Judge says to pay.

No CCJ, no risk to your credit rating, nothing bad, and the odds are in your favour as long as you have not ignored an actual court claim and the letters are arriving to the right address, so you are seeing them all quickly.

Queenofsheba

Thanks for all replies, you lot are legends.

Right, in my paw I have a 'LETTER OF CLAIM' instructing me to pay x amount by x date or court action will ensue without further notice. It arrived with a reply form and some income and expenditure forms to help me repay the debt. In the light of your reply, I'm past the LBC bit aren't I...they would have called it a LETTER BEFORE CLAIM...? ie would have been obvious?

So, already I'm feeling a bit of a charlie as I've got those two letters muddled up.I just thought the wording might vary between companies or something... I don't have the LBC, but have emailed BW saying that their LBC wasn't compliant... I didn't send an SAR to the PPC as thought was too late but instead asked BW for their evidence. This arrived x days ago, and was pics of car plus another letter from the PCC, NTK etc. The driver is over the generally taken grace period of 20 mins by the time the ticket is on car.

So, according to NEWBIES thread, am I at the government gateway stage? Or am I still awaiting a letter with some kind of account number in order to do that? Will that come from BW?
At present I am waiting to get their reply re my ' LBC not compliant email' so...er...
There is a 'reply form' I have realised with this LOC with various boxes to tick. So yes, I am already late sending this in. I'm guessing I'm disputing the debt but need to explain why apparently on a separate sheet of paper. There is also a box if I want more documents, do I say yes to needing all of them?
Sorry, I must have been in a world of my own as am only just realising what this letter was all about!!
Do I get them to resend LBC?
Yes the driver paid money into the machine, the overstay is therefore the minutes on their camera roll vs the driver's ticket.

Queenofsheba

Yes sheaf of papers, PCC Armtrac, no change of address...

KeithP

Letter of Claim and Letter Before Claim are interchangeable terms for the same thing.

You are not at 'the government gateway stage' yet.
That comes after you receive a County Court Claim Form - usually from the County Court Business Centre in Northampton.

Do send a Subject Access Request to the PPC as soon as you can.

Le_Kirk

KeithP wrote: »

Do send a Subject Access Request to the PPC as soon as you can.

When you do, make sure you include a scan of your V5C, your name and address and your claim reference number as supplied by the PPC, this way they have no reason to delay beyond the 30 days they are allowed.

Queenofsheba

Ok have read the above, thankyou. Do I send an SAR even though BWLegal have contacted the PPC and sent me the NTK and photos and a couple of the debt collector letter copies? Is that not the same documentation I would get from the PPC?