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CCJ threat from Bw legal

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Pickles79
Pickles79 Posts: 12 Forumite
edited 5 July 2019 at 12:08PM in Parking tickets, fines & parking
I have been ready the threads and really struggling to get my head round everthing. So therefore I am looking for advice.
In 2014 my car was parked in the staff car park which is paid for monthly out my wages. Like many other cars that day it was parked on the yellow hatched lines due to insufficient spcaes.

A PCN was issued by Total parking solutions. I was advised by many people as it was a staff car park to ignore said fine as it could not be enforced. I also received a reminder and again was advised it could not be enforced .

In may 2019 i received a letter from BW legal saying if i dont pay the parking fine plus their clients legal fees they will commence with county court proceedings.
BW legal have also requested i send my payslips amd bank statements to clarify my financial circumstances.
I tried to seek help from estates management at my place of work but the were unwilling and unable to help to the addee costs that have now incurred .

I am literally making myself ill with stress and worry about this.
Please can someone advise me what to do.
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Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 5 July 2019 at 11:46AM
    Don't complete their forms!

    See the newbies FAQ thread near the top of the forum for advice on how to defend a court claim

    Post #2 there advises on what to do and when from receipt of the LBA to the hearing

    Can't your employer sort this? Or do you have a union who can help get this cancelled??

    Certainly not worthy of making yourself I'll over this. If you are asking for help over that then the advice is see your doctor!

    See all the new threads here daily from folk in the same situation
  • Pickles79
    Pickles79 Posts: 12 Forumite
    I have read the newbies post but just cant seem to find the correct bit i need or get my head round it all.
    I am in touch with the union ams waiting their response.
  • Quentin
    Quentin Posts: 40,405 Forumite
    Post #2 (the second post in the FAQ) is the one you need

    In tandem with the union keep on at your employer!!
  • Big_Boi
    Big_Boi Posts: 65 Forumite
    edited 5 July 2019 at 11:55AM
    Literally all answers to your questions are in the NEWBIES thread, but I understand you're stressed and not thinking clearly. Calm down. You have plenty of time, and you have come to the right place.

    You've said you have read the NEWBIES thread, but it's not something you can read once and grasp, you need to read it several times. Get a cup of tea and take some time: https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou

    Firstly, please edit your post to remove any reference of who was driving at the time of the alleged contravention.

    Secondly, TPS have employed BW Legal to go back to all the outstanding 2014/2015 parking charges as they will soon expire, in the hope to extract money from their victims.

    Thirdly, it sounds as though you have received a 'Letter of Claim' from BW Legal. Can you confirm this is correct? Please - under no circumstances - are you to return their financial forms. Ignore these forms.

    You will, however, need to draft up a strong rebuttal to their Letter of Claim to show that you're not going to bend over and let them take advantage of you. Also take a look at the process for a Subject Access Request (SAR), which is again discussed in the NEWBIES thread.

    Be aware that at this stage, a court case is likely - it isn't something to worry about, but it is not something you can ignore.

    Please stick around and read the plethora of people in the exact same situation as you to understand your next steps.
  • Pickles79
    Pickles79 Posts: 12 Forumite
    So i presume i need to send a SAR is this to BW legal or TPS?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Email a SAR to the DPO at TPS including a scan or pic of the V5C and demand all Doc's, pics and data about you and your vehicle

    Tito is bad on keeping paperwork and so may fail to comply which means they would have no evidence and so no case, because any case relies on paperwork and procedures

    Any reply to b w legal is about putting the case on hold as you are seeking debt advice, see other posts about this
  • Big_Boi
    Big_Boi Posts: 65 Forumite
    Pickles79 wrote: »
    So i presume i need to send a SAR is this to BW legal or TPS?

    TPS.

    In 2014 was the PCN stuck to the windscreen, or was it delivered by post?
  • Pickles79
    Pickles79 Posts: 12 Forumite
    Was stuck to windscreen.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Yes, if it was a real letter of claim you had 30 days to respond and rebut their claim. What have you done please ???

    As eggs are eggs, BWLegal will have added a FAKE £60 to their claim despite being told by a judge recently that this was ABUSE OF PROCESS ?

    Read here
    https://forums.moneysavingexpert.com/discussion/comment/75929156#Comment_75929156

    The information in this thread is be used if it goes to court asking the judge to dismiss the case for ABUSE OF PROCESS

    Any claim must be signed by BWLegal as a "statement of truth"
    ABUSE OF PROCESS is NOT THE TRUTH
  • Big_Boi
    Big_Boi Posts: 65 Forumite
    Pickles79 wrote: »
    Was stuck to windscreen.

    In that case get the SAR sent off to TPS as soon as possible.

    Tito Ponzetta (who is the Managing Director of TPS) replies to the SAR requests - he also happens to be one of the most pathetic individuals I've ever had the displeasure of communicating with; He is very unlikely to be able to provide a copy of the original PCN as it was so long ago. They lost a lot of documents when they replaced their systems in 2014/2015.

    In some cases that has been enough for TPS to cancel the claim.

    I cannot understand how he intends to go to court with no evidence of having issued a PCN. The mind boggles.
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