Letter of claim - 6 year time bar question

spottypuffin

Hi,
Having read the newbie section and several threads I'm hoping for some help here in my specific situation please?

I received a Letter of Claim from BW Legal dated 19/8/2019 referring to a PCN on 30/08/2013 (yes 2013!) giving me 30 days to cough up £150 or they will start court action. By my reckoning in 30 days the incident would be over 6 years old.


My questions for the more experienced out there are:

1. Is this unenforceable due to the 6 year time bar rule - assuming I'm right this exists?
2. If not should I respond in the way described in the newbie section i.e. request further info such as pictures etc , issue a SAR and request delay?
3. Pay up as it's so long ago and I cannot think of a defence?


Any guidance greatly appreciated.

Fruitcake

Edit your post to remove information about who was late back to the car. Only ever refer to The Driver and The Keeper, who are two different people.

You need to rebut their assertions asap, and very robustly.
As far as I am aware, if court proceedings have started before the six year deadline then they can continue after six years.

You should immediately tell the scamliciors that although you deny the debt, you are seeking debt advice and therefore they must halt proceedings (I think it is for 30 days.)

Use the words in bold, and do it today by email, backed up by post tomorrow, sent first class from a Post Office counter, obtaining a very crucial free proof of posting.
Do not hesitate.

Also send the scammers an scamlicitors an SAR as per the NEWBIES, but do the above first.

Umkomaas

It would be a very good question for the Judge to ask why it has taken them almost 6 years to issue a claim.

I can't guarantee this, and it is nonetheless incumbent on you jumping through every hoop that is put before you, but I suspect this won't get anywhere near a hearing. Too many difficult questions to answer.

It seems little more that a pressure tactic. Read what I've said previously about this huge batch of roboclains instigated by BWL.

Read the following thread. You can learn how to bat off their advances and work to get them to capitulate.

https://forums.moneysavingexpert.com/discussion/5999048

BRITANNIA or NCP or PREMIER PARKING or TPS / BW LEGAL CASES

As you will see from the first few pages of the forum, there is an onslaught by BWL on behalf of Britannia, NCP, Premier Parking or TPS (and a few other hitherto court-shy PPCs) which is being conducted on an industrial scale - roboclaims.

You are caught in a one-way traffic flow where you must fight or pay - there is no longer a safe 'do nothing' option.

1. Pay now, it costs you exactly what they are currently demanding.
2. Ignore it, a 'judgment in default' will inevitably follow for at least what they want - maybe with even more costs added; continue to ignore that, you're getting a CCJ with credit and potentially life crushing consequences for 6 years.
3. Defend, yet lose in court, the cost award is likely to be noticeably less than their current demand ~£175.
4. Defend, and win in court, you owe them nothing and you could claim up to £95 for half a day's pay/loss of annual leave, plus travel costs @45p per mile, plus your parking cost for the day.

Your least costly option has to be 3, with hopefully a win as per 4.

But BWL/and the PPC cannot physically take everyone to court, and there is evidence to show that with a well constructed defence, BWL can come along with a reduced 'offer to settle', which if refused, becomes a discontinuation. We can't give you guarantees on that, but as you have little choice other than to defend (if you don't want to pay), you need to give this your very best shot.

Whether you have a good defendable case to argue, you will need to read other similar cases at the defence (or beyond) stage and learn from those.

This next thread is an important one in relation to Britannia (only). Britannia are issuing claims under the name of a different legal entity to the one issuing the PCN - and this can be extremely useful in any defence preparation.

https://forums.moneysavingexpert.com/discussion/5915842

ROBOCLAIMS - HOW BWL OPERATE

You might find it useful to understand how BWL operate - as I have surmised from the hundreds of different threads I've read involving BWL.

Other than the auto acknowledgements and template letters, you will get nothing sensible from BWL - they are dealing with literally hundreds of thousands of unpaid parking charges and are spewing out various threatening letters, using a conveyor belt approach to go through a computer controlled process towards a LBC, and a MCOL Claim - and it is really only at the final stages, as a court hearing becomes a possibility, that there's any real human intervention.

You need to understand that you're not dealing with an old fashioned firm of solicitors, just progressing from a quill and ink operation, BWL are industrial harvesters of debt, using the equivalent of massive farming machinery to do their work. This is what their website tells you:

A multi-award winning law firm specialising in volume collections, across both regulated and unregulated sectors, who are dual regulated through the FCA and SRA.

We employ around 265 people at our Leeds based office which in turn makes us the largest privately owned debt collection law firm in the UK.

Of that number, BWL employ only 6 qualified solicitors.

http://solicitors.lawsociety.org.uk/organisation/people/532848/bw-legal-services-ltd?Solicitors=True

Important question - which parking firm is involved here?

waamo

I would wait till after the 30th to reply. If they've given you 30 days to reply before they commence proceedings then it would be an abuse of process to begin proceedings before the time limit was up.

I would simply respond that any alleged debt was denied. Send them a "prove it" letter.

The_Deep

They may be asking for monies for which the law does not entitle them, read this

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

Nine times out of ten these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

twhitehousescat

I received a Letter of Claim from BW Legal dated 19/8/2019 referring to a PCN on 30/08/2013

reply back on day 29 saying "sod off"

they will then have exceeded the 6 yrs in which to start claim

spottypuffin

It’s Napier Parking who are the car park firm.

spottypuffin wrote: »

Hi,
Having read the newbie section and several threads I'm hoping for some help here in my specific situation please?

I received a Letter of Claim from BW Legal dated 19/8/2019 referring to a PCN on 30/08/2013 (yes 2013!) giving me 30 days to cough up £150 or they will start court action. By my reckoning in 30 days the incident would be over 6 years old.


My questions for the more experienced out there are:

1. Is this unenforceable due to the 6 year time bar rule - assuming I'm right this exists?
2. If not should I respond in the way described in the newbie section i.e. request further info such as pictures etc , issue a SAR and request delay?
3. Pay up as it's so long ago and I cannot think of a defence?


Any guidance greatly appreciated.

twhitehousescat

ok , sod off , you are out of time

lov n kisses spottypuffin

The_Slithy_Tove

twhitehousescat wrote: »

ok , sod off , you are out of time

But not until AFTER the 30th.

[Deleted User]

If they've given you 30 days to reply before they commence proceedings then it would be an abuse of process to begin proceedings before the time limit was up.

It's never an abuse of process to issue protective proceedings. For so long as the law permits a 6 year limitation they can also wait as long as they have.

That said, it's also true that the correct call is to wait it out.

Do bear in mind C only had to issue by the deadline (just because you don't receive a claim form doesn't necessarily mean they haven't initiated the claim). You probably won't know for certain till early September.

If you do receive a claim form which you think is out of time do not simply acknowledge service. Seek further advice, as you need to challenge the limitation issue.

spottypuffin

Sorry for slow reply, missed question first time round.

It's Napier Parking.

Thanks.