BW Legal LoC

not_the_messiah

didgeridoooo wrote: »

And, even though they can't charge that extra £60 by POFA2012 (I assume they have not identified the driver?) - It's still worth (in my view) showing that the £60 was NOT mentioned ANYWHERE. Two bites of cherry. Judge should throw it out for double recovery, or at least that fake charge, but if not, the lack of any mention of it should help.

In my case, BWL said on the Claim Form "The Claimant also claims £60 contractual costs pursuant to PCN Terms and Conditions". !!!!!!! hilarious - The PCN isn't a new contract, and even if it was, where and how did I agree to contract upon it's terms?! Duh. Basically, it's foolish to think these monkeys actions through, they don't, so why should we? Just stick to the rules (POFA hopefully) and you should dump this where it belongs, in the bog.

:rotfl:

No, they have not identified the driver.

So what should my next steps be then - SAR to Armtrac, request the case be put on hold with BWL and then wait for the court date? Or something else?

Quentin

not_the_messiah wrote: »

No, they have not identified the driver.

So what should my next steps be then - SAR to Armtrac, request the case be put on hold with BWL and then wait for the court date? Or something else?

Have you received anything from the court?

As you do have to have some input to the court before you get a ",court date"

Assuming not, spend some time learning about this in the newbies FAQ thread

Post ,#2 will prepare you for what's to come,,

not_the_messiah

Ok, so I managed to get a clearer image of the T&Cs signage: IMAGE

I'm guessing they would claim my offence is covered by "causing an obstruction".

One thing I am not 100% clear on - does a BWL LoC mean the same as a LBC?

Thanks again!

Coupon-mad

Yes, a LoC is a LBC if it gives 30 days and talks about the PAP reply forms.

not_the_messiah

Coupon-mad wrote: »

Yes, a LoC is a LBC if it gives 30 days and talks about the PAP reply forms.

Thanks for the clarification! It seems I may have jumped the gun a bit (sorry!) and misinterpreted the letter I received as a LoC. It seems I have a Letter Before the Letter of Claim and have 14 days to pay the ransom, which expires soon.

KeithP

not_the_messiah wrote: »

It seems I have a Letter Before the Letter of Claim and have 14 days to pay the ransom, which expires soon.

Treat that as you would any other debt collector's letter.

Hint: post #4 of the NEWBIES thread.

not_the_messiah

Evening Everybody!

So I finally received my LoC (I am sure this time!) and I have till the 23rd of September to reply. I have sent off a SAR to Armtrac and an email to BWL asking for the case to be put on hold, which I fully expect to be refused after reading some threads on here. I plan not to use their "Reply Form", as directed by the NEWBIES thread.

Thanks for the asistance so far!

Egbert_Nobacon

You require them to hold any action for 30 days as you are seeking debt advice.

This should allow time for your SAR info to be received.

not_the_messiah

Hi everyone,

Finally received my court papers and I have until 9th December to return them. The costs are as follows:
> £100 fine
> £4.30 interest
> £60 'contractual costs as set out in the Terms and Conditions'
> £25 court fee
> £50 representative's costs
> £239.30 total

From reading the pack, it appears I can apply for 28 days to prepare my defence - assuming that is worth doing? If so, I submit Acknowledgment of Service first and then N9B and my defence at a later date? Do I make a counterclaim at this point, or what until the verdict/discontinuance?

In my pack I will need to include all the evidence listed in the NEWBIES thread. Regarding the witness statememt, how is best to approach this? The keeper was not the driver of the vehicle at the time of the incident. The space the driver parked in is reserved for a holiday cottage and has a big yellow sign at the top of the space. However, there is nothing linking this restriction to the standard parking restrictions in the rest of the car park. Unfortunately the driver did not see the yellow sign, but did buy a valid parking ticket for the time the vehicle was there.

TIA

Umkomaas

From reading the pack, it appears I can apply for 28 days to prepare my defence - assuming that is worth doing? If so, I submit Acknowledgment of Service first and then N9B and my defence at a later date?

Legally qualified expert bargepole has provided a 'What happens when' advice in the NEWBIES FAQ sticky, post #2 to guide you through the stages of dealing with a formal claim.

Do I make a counterclaim at this point, or what until the verdict/discontinuance?

For what reasons and how much are you seeking to counterclaim?

In my pack I will need to include all the evidence listed in the NEWBIES thread.

Evidence comes much later in the process at the Witness Statement stage. It does not go into you Defence.

Regarding the witness statememt, how is best to approach this?

A long way off at this stage. The NEWBIES FAQ sticky, post #2 includes links to a number of WS, so read plenty of those which will give you ideas on how to frame yours. If you weren't the driver you can confidently say so (especially if you have proof) and if the PPC has failed to meet the requirements of the Protection of Freedoms Act 2012 (Schedule 4), you should be in a strong position. You haven't told us whether they have or not.