Armtrac final letter

Neil1019

Good evening all,

So today the RK received a letter from BW
legal saying LETTER OF CLAIM.
It states that The RK has 30 days from when the letter was sent to complete and return sections 1,2 & 3. Also sent was an annex a information sheet.
The RK has already lost a couple of days as they keep sending to the RK’s old address even though The RK informed Amtrak of A change of address
Please can somebody advise the next course of action for the RK?
Thank you in adjacent for any help
Neil1019

Redx

email a SAR to Armtrac to their DPO with a copy of the V5C attached and get all their docs and pics and data on you and your vehicle , unless this has been done already ?

email a data rectification notice to Armtrac to their DPO with the correct address at the same time, attaching a copy of the V5C as proof

email B W LEGAL with the same data rectification notice as well, attaching a copy of the V5C, aalso telling them to place the matter on hold whilst you are sending Armtrac a SAR and/or are also seeking debt management advice

ensure your correct details are on all these emails

then prepare for a court claim

see post #2 of the NEWBIES thread for advice on all of this

Neil1019

Thanks Redx

The RK has already sent Armtrac and SAR and received All the information via email and received email back from the DPO saying they confirm they have received the change of address (V5C not changed yet) but do not seemed to have passed this information onto BW Legal!
Does the Newbies post have all of the draft letters for the RK to send?

Will the RK actually have to attend court if the claim gets that far?

Redx

the defendant has to inform all parties of the change of address, so inform B W LEGAL in writing , with some sort of proof of the correct address

attendance is not manadatory , but is preferred for various reasons, but a hearing can proceed on papers if the defendant (not the keeper or RK) is unwilling to attend

Neil1019

Redx,

Could The RK send a council tax letter as proof?
So now the RK is at this stage will if definitely go to court? Also if the RK was not the driver on the day of the alleged offence when does the driver make this information available?

Neil1019

Redx

Yes, but send a redacted copy to remove any reference and payments etc, no bank details or other data, not the original, or scan a redacted copy and attach it, it must contain date, name and address

Nobody can tell you until the day of the hearing if it will go to court, they have to pay your local court first, they don't work for nothing, before that they have to pay the CCBC in Northampton as well, so two payments have to be made, stop looking at this in black or white terms, too many it's and buts to make any kind of statement

If a Keeper is definitely not the driver, say so in the defence and also in the WS as well

Neil1019

Again thanks Redx,

I have read the newbies posts several times but am struggling to know what I have to do and when.
To confirm the RK is in receipt of the SAR information from Armtrak.
The RK has now sent an email to BW Legal with the change of address detail and a redacted photo of the proof of address and also asked for the process to be placed on hold while the RK seeks debt management advice.

My question is does the RK now wait for further replies before doing anything?
This is the first time the RK has ever done anything like this and feels nervous and intimidated by the whole process, which I know is the whole point of what BW Legal are trying to do.
So if the driver was not the RK this information does not get brought to light apart from in the defence letter?

Neil 1019

Redx

Most people who come here are newbies to this, but the small claims court has been around since 1973 and isn't unique to just parking cases

The bargepole timeline post tells you what happens and when

The mcol website explains the modern day small claims system

Because you have done the data rectification notices about correct address, plus the place on hold and SAR notices, you sit on your nervous hands and await the next stage, a court claim pack from the CCBC in Northampton once the claimant has filed it and made payment

Then you follow the Newbies advice , doing the AOS and drafting your Legal defence, including a statement that the defendant is not the driver

After that the CCBC send a DQ which you fill in and submit

After that a court of your choosing is normally allocated

The claimant has to pay them a fee to proceed

Then it's WS + Exhibits plus costs schedule filing to the claimant and your local court
Reiterate that the defendant was not the driver in the WS

Then it's hearing day

This could falter at any time, for numerous reasons, so nobody can predict your future

This would be the same process if you owed a decorator for painting your house and you owed some money, or a tenant who hasn't paid their rent, it's a legal issue, not a parking issue, because it's a dispute over money

Wait for the court claim to arrive, if it happens, meanwhile keep studying the process by reading recently completed cases for 2019, plenty of them to read on here, I was reading one that completed yesterday below this thread, please read it

Neil1019

Hi Redx,

I received an email back from BW Legal saying they have been trying to contact me and have requested further information (my original email I stated their case number)
They want DOB, contact number, full bake & address etc. I have already sent them the full address.
Do I reply?

Neil1019

Redx

they should not be asking to phone numbers and DOB etc

name and address and proof of living there such as a copy of the V5C or court claim or one of their letters, or a redacted utility bill is sufficient (no references or payments etc, just name and address and date showing)

email back and state they are only getting proof of ID and proof of address only , no personal info at all, you will report them to the ICO if they insist of asking for personal data to which they are not entitled as you have no contract with them