Letter of Claims from BW Legal

jonnyjohn234

I received a parking fine of £180. A response was sent to the parking firm from someone that wasn't me/they did not use my name shortly after (they were not aware of the advice on this forum at the time).

The appeal at the time was rejected, and they posted a series of letters to my home address.

The most recent letter was a letter of claims from BW Legal. The amount has risen to over £500 which includes legal fees, rising fines and interest.

I responded with a SAR to the parking firm, and asked BW Legal to the put the case on hold, as per the newbie forum advice.

The parking firm has just responded. They said that, in order to provide the correct data, they need me to send the PCN reference number or the vehicle registration. Apparently, their system does not operate without one or the other (ideally both).

Should I share this information, or simply say I have given all the information required by law. It will then by up to them to figure it out.

As an FYI, they have around 7-8 days left of the calendar month deadline to respond to the SAR.

Thanks!

The_Deep

I received a parking fine of £180.

From whom? For what reason? Are you sure t was for £180 and youu have not mis-typed the amount? Are you sure it is a fine and not an invoice for an alleged breach of contract from a private parking company?

The amount has risen to over £500 which includes legal fees, rising fines and interest.

Has BWL given you a breakdown of the amount of the claim?

Obviously you need to supply the PPC with their reference number and/or VRN, but do not give them driver details. Also, as nine times out of ten these tickets are scams, 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.

jonnyjohn234

1. It is from Parking and Property Management
2. The reason is for parking in my apartment's resident parking.
3. The parking fine was definitely £180. It was £60 over the three days, but the signage did not specify that fines would be per 24 hour period.
4. The letter of claims refers to it as a principle debt.
5. They have given me a breakdown, which includes: Principled debt, estimated interest, estimated court fees, estimated solicitors costs.

I will email now confirming the vehicle registration number only.

The_Deep

So, you have received three invoices, Please read this

https://parking-prankster.blogspot.com/2016/11/residential-parking.html

What does your lease/AST say about parking? Does it mention that a permit should be displayed? Do you have a permit? Are you entitle to park where you did? Are you a tenant or an owner? If an owner do you own a parking space?

There is very little chance that you owe them a penny as usually the lease/AST gives the occupant Primacy of Contract (google it)

You have supplied insufficient information in your two posts, we need much more detail, (but not the name of the driver).

Coupon-mad

The parking fine was definitely £180. It was £60 over the three days,

No it wasn't a fine, and it was £100 x 3. You are thinking of the discount bribe offered at first which 'encouraged' sap victims to pay sixty quid per PCN instead.

The reason is for parking in my apartment's resident parking.

Is it gated and/or with key fob access?

Were you there first or were PPM introduced later without your consent?

Are you a tenant or a leasehold owner?

What, if anything, does your tenancy or lease say about your rights of way and anything about parking or regulations or permits?

I presume the pondlife solicitors have pretended the sum is now something over £500?!

The_Deep

If you own the land that you parked on read this.

https://www.consumeractiongroup.co.uk/topic/324523-ukpc-liable-for-trespass-success/

jonnyjohn234

Apologies if I'm not clear, I am new to the level of information required. I'll do my best and if anything is missing, let me know:

What does your lease/AST say about parking? Does it mention that a permit should be displayed? Do you have a permit? Are you entitle to park where you did? Are you a tenant or an owner? If an owner do you own a parking space?


I am a tenant, and signage was added after I moved in (a few months after), saying that a permit should be displayed. My tenancy agreement says:
- Park a vehicle anywhere on the property unless it has a garage,parking space or driveway with hard standing and a dropped kerb (in my case it was a gated garage).

ALSO

- Park without a valid permit, either for residents or their visitors, where there is a parking scheme in operation; but the signage was added after.

There is very little chance that you owe them a penny as usually the lease/AST gives the occupant Primacy of Contract (google it)


Is it gated and/or with key fob access?


Yes, I have fob access.

Were you there first or were PPM introduced later without your consent?


Introduced later without consent. There was no signage/unclear signage previously, so residents would park without issues. The signage was introduced after.

Are you a tenant or a leasehold owner?

Tenant

beamerguy

As above ......

As they are joining the three tickets together @£180, this should be the claim.

3 x tickets £180
1 court fee £25
1 solicitors cost £50
nominal interest which the court would probably not allow

These are factual costs ..... NOT estimated

Should be £255 plus nominal interest..... MAX

£500 plus is a scam from BWLegal.

They have clearly added their fake £60 to each ticket which is ABUSE OF PROCESS

They now need to substantiate the total amount as factual and NOT estimated ...... that is BWLegal rubbish

READ THIS
Abuse of Process ... District Judge tells BWLegal

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

Coupon-mad

OK so prepare for your defence when the inevitable claim arrives.

We have example defences in the NEWBIES thread post #2 including bargepole's concise one which is about a key fob residential car park - there to be plagiarised!

I see the tenancy agreement doesn't say to actually DISPLAY the permit, just 'have a valid permit'. Well you did have one/have permission, so that will form part of your defence, plus there fact you were there first, with rights flowing from the leaseholder (if private landlord) or the housing association if it's that.

Get ahead and get confident by reading any BW Legal PPM threads you can find by searching, and read all the cases won by searching the forum for the words:

another one bites the dust

You will see how beatable these are and how sorry their evidence will be.