Let of claim Scotland

Undertaker89

Hi all,

Of course the title should read letter of claim. Blinking auto correct.
I read the newbie thread but I am unsure as to what to about a letter of claim from the less that respected BW legal here in Scotland.

I have ignored the letters from NCP and I ignored the initial letter from BW legal. I am tempted to ignore this one but wanted to be sure, ignoring a Letter Of Claim in Scotland is still the most up to date advice.

I have not named and will not name (as i can't) who the driver was at the time

The letter has vague details of the alleged incident at the top (but no proof of the incident is included other than the date). I do know from the original letter that this was later in the evening - i did check the signage at the NCP car park but no where is it obvious that the car park is 24 hours.

Letter basically says:
LETTER OF CLAIM
Some details vehicle reg number. client, contravention description and location
We have been instructed by National Car Park limited to commence legal action in the form of issuing a Claim against you in the County Court in respect to the above debt. If a payment or response is not received by xx April, we are instructed to issue a claim against you in the county court without further notice to you. If you dispute this debt please tell us why so we can help resolve this matter.

It then goes on to break down the claim.
Principle debt + legal costs - £160 (100 initial PCN)
Interest £5.05
court fees £25
Solicitor costs - £50

The letter then goes on to say if payment or a response is not received by xx April we are instructed to issue a county court claim without further reference to you together with applying interest , fees and costs highlighted.

It then goes on about what happens if i don't pay following a county court judgement...

So my questions, remembering I am in Scotland and all the advice is probably ignore.

1) Should I ignore or respond to to them and if I respond what should be said?
2) I take it for a county claim to be made against me they have to send me a letter from the court and I get my day in court.

I am holding my ground until a court tells me to pay (if it gets that far). Anyway thanks for reading this far, it is much appreciated. Links to other posts where the same question has been asked is equally welcome and appreciated.

Sorry if this has been answered elsewhere but the letter of claim spooked be little, which is exactly what they want to happen I guess.

waamo

Does it really say County Court? In Scotland good luck with that.

DoaM

Let them try and issue a county court claim against an address in Scotland ... it would need to be a Simple Justice Procedure in the Sheriff Court up here.

Edit: SNAP!

Undertaker89

it sure does say county court. It says it multiple times in multiple places.

waamo

It's a pure template letter. Clearly nobody has worked out this is Scotland.

Undertaker89

Appears to me to be phishing scam as county courts don't exist in Scotland. I'll ignore and keep the letter handy for future reference.

Can't believe I didn't know about county courts not existing in Scotland and that this letter actually spooked me. So naive of me. DOH!!

twhitehousescat

perhaps they are going to kidnap you and drive you south

Coupon-mad

I wouldn't ignore it.



Dear BW Legal,

PCN xxxxxxx (NCP)

I know you are renowned for checking no details about your planned robo-claims, but you've scraped the barrel with this one. I think you've missed the fact I stay in Scotland.

Cease and desist threatening me with the English County Court. Your contact is harassing and the potential claim lacks any merit, or relevant jurisdiction.

And no, I won't be naming the driver so don't try, and absolutely do NOT attempt to text or phone me or carry out any soft search to find my data.

yours faithfully,

Undertaker89

Ha ha.

They've already carried out a soft search for my data.

Coupon-mad

OK, how about this at the end, making it a bit longer:

And no, I won't be naming the driver so don't ask again, and absolutely do NOT attempt to text or phone me, using the data farmed by the soft search I see you have carried out.

I demand under the GDPR that you and your client now erase my data.

You may reply by post, once, to confirm same, and if you fail to do so and continue to process my data, I will report you and your client NCP, individually, to the Information Commissioner for misuse and unlawful sharing, searching and processing of my personal data to attempt to mislead a Scottish resident regarding liability, when you and I both know I cannot be held liable for the conduct of a driver on private land.

beamerguy

I keep saying, BWLegal are out of their depth ?

They are a complete joke for a so called legal firm