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BW Legal & Total Parking Solutions Ltd - Letter of Claim received

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Comments

  • In light of the suggestions given here and the lack of evidence TPS have, this is what I've drafted to send to BW Legal. I've pretty much written it from scratch rather than adapting a template. I'm also going to SAR BW Legal in case they have been given anything from TPS that they've failed to disclose to me in the SAR.

    What do you guys think? Any feedback would be appreciated.

    Dear BW Legal,

    Thank you for your letter of claim dated 17th June 2019.

    I contest that I was not the driver of the vehicle in question. I have no idea who the driver would have been as the date you are claiming the alleged ‘contravention’ happened over four years ago from the date you have provided.

    Furthermore, this is the first time I have heard anything regarding this between myself and your client, Total Parking Solutions Ltd. I have not received any correspondence from them whatsoever, nor do I recall any PCN’s being placed on the vehicle. I deny that any such debt exists.

    Your letter contains insufficient detail of the claim and fails to provide any photographic evidence of ‘The Driver Being Observed Leaving the Site’. It does not even say what the cause of action is. Nor does it contain any mention of what evidence your client intends to rely on, or enclose copies of such evidence.

    I have sent a subject access request (SAR) to your client, requesting proof that the driver of the vehicle left the site. TPS have responded to my SAR, and have subsequently failed to provide any evidential images or any evidence whatsoever of any driver leaving any defined site. They have also failed to provide me with a copy of the original windscreen ticket which was supposedly affixed to the car. As such, I again restate that I deny any debt is owed.

    I also request that you, BW Legal, provide me with a breakdown of the ‘Principle Debt + Initial Legal Costs’ specified in your Letter of Claim, which you claim is £124.

    I have also sent you a separate SAR. I am requesting that you restrict data processing for a period of 30 days, in light of the SAR being processed as I have a clear need to have a reasonable period of time to be able to consider the data, documents and photos that will subsequently be provided by yourselves. I also require you to note that I am seeking debt advise.

    Yours faithfully
  • Le_Kirk
    Le_Kirk Posts: 24,729 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I also require you to note that I am seeking debt advise.
    Should be: -
    debt [strike]advise[/strike] advice
  • Umkomaas
    Umkomaas Posts: 43,468 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 19 July 2019 at 6:19PM
    I contest that I was not the driver of the vehicle in question.
    That confirms you were the driver. It's either:
    I contest that I was the driver ....
    or
    I contend that I was not the driver ....
    I also request that you, BW Legal, provide me with a breakdown of the ‘[STRIKE]Principle[/STRIKE] Debt + Initial Legal Costs’ specified in your Letter of Claim, which you claim is £124.
    Principal
    I have also sent you a separate SAR. I am requesting that you restrict data processing for a period of 30 days, in light of the SAR being processed as I have a clear need to have a reasonable period of time to be able to consider the data, documents and photos that will subsequently be provided by yourselves. I also require you to note that I am seeking debt [STRIKE]advise[/STRIKE].
    advice (with a 'c', not 's').

    I would also put that final sentence in bold font so they cannot miss it.

    EDIT TO ADD

    (Apols to Le_Kirk - didn't spot you'd already advised on 'advice/advise').
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Thankyou very much for the feedback here everyone.

    I'll get the amendments made and then fire it over to them.
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