LBC BW legal what should I do now?

Snipsnip

Hi there

I have recently received a LBC from BW Legal acting on behalf of a PPC fine received back in 2015. This was for overstaying in a car park of a gym. All previous letters received had been ignored as that is what was advised to do about PPC’s. Now I have received this LBC, I have read the newbies thread, requested an SAR (which I have received) & also requested a restriction of data processing to bw legal (which they denied) So now I guess I am awaiting a court claim but I have no idea what to do now :huh: I don’t know whether to just pay the £160 fine or is it worth defending this? Any help would be greatly appreciated

Thank you

MonkeyRum

I don’t know whether to just pay the £160

No surrender!

Please take the time to read through the second post of the newbies thread that will explain your course of action.

https://forums.moneysavingexpert.com/discussion/4816822

You should use this time to read up on other defences in a similar situation to yours and to also search the forum for other bw legal threads.

You can also take the time before the claim form arrives to contact the gym and ask them to either cancel the ticket or ask for the landowners details so you can ask directly. It's all explained in the second post of the newbies thread.

Edit: you have not received a fine.​You have received a demand for payment in damages for an alleged breach of contract.

Quentin

Throughout here you are advised never to reveal who was driving

You need to edit your post to remove details of who was driving

The ppcs monitor this forum and can use posts in your thread against you in Court

Umkomaas

Which PPC? Knowing which one can help us give you advice on how this might progress. The issue of a LBC isn't a guarantee that this will ever reach court.

beamerguy

I don’t know whether to just pay the £160 fine or is it worth defending this?

The £60 of this is a fake scam that BWLegal adds on.

BWLegal has been told by the courts that what they are doing is ABUSE OF PROCESS. Hence you do not pay them but rather let a court scupper them yet again

READ PLEASE
https://forums.moneysavingexpert.com/discussion/6014081

The_Deep

|This is not a fine. This is a private invoice from a parking company for the damages they allege they suffered when allegedly you breached a contract which they allege that you had entered into with them. We call it a scam. You need to pay them nothing unless a County Court judge so orders.

IMO, PE signs leave much to be desired. I doubt that many judges would agree that they are capable of forming a contract, read this

https://forums.moneysavingexpert.com/discussion/5972164

and enlist the support of your MP as they are obviously trying to scam you.

Nine out of ten of these so called breaches of contract are scams

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

Snipsnip

Thank you all for your advice! I will contact the gym see what they can do.

Which ppc?

The PPC is Total Parking Solutions Limited.

Throughout here you are advised never to reveal who was driving

It won’t let me edit the post for some reason :huh: I’m new to posting on here still trying to work it out!

Snipsnip

If I add a photo of my SAR will this help?

Redx

Snipsnip wrote: »

Thank you all for your advice! I will contact the gym see what they can do. The PPC is Total Parking Solutions Limited. It won’t let me edit the post for some reason :huh: I’m new to posting on here still trying to work it out!

Use a laptop or tablet, not a phone

Host any pics on a hosting site like Imgur or tinypic

Did Tito provide you with all the documents and information and pictures that you asked for ?

Umkomaas

TPS, a hitherto court-shy operator, have, like other similar PPCs, been taken in by BWL's offer to roboclaim their back-catalogue of unpaid parking charges.

This is fundamentally a debt collection operation, using the threat of court as a thumbscrew to part you and your wallet. You do need to go through all the stages in order to avoid a judgment in default against you. As yet I don't think we have seen any TPS claim reach any courtroom.

As Redx alludes to, TPS has been able to provide copies of original NtKs via a SAR request, in which case, provided the driver isn't identified, TPS would likely be on thin ice in court.

Snipsnip

Redx wrote: »

Use a laptop or tablet, not a phone

Host any pics on a hosting site like Imgur or tinypic

Did Tito provide you with all the documents and information and pictures that you asked for ?

They sent me what they said ‘a comprehensive case history file, constituting a full copy of data’ which was the copy of PCN Final reminder, which just states my details, the vehicle, contravention date & time. No images & they also stated in the email that the location does not operate pay & display