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BW Legal.

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Hi guys,
Just looking for some advice on what to do as I feel I may have made an error before discovering this page.
I recieved a 'charge' for parking in a pub car park where the premise is you pay for your parking and get it refunded at the bar if you are a customer (which I was). However I did not notice any signs due them being very darkly coloured at night time and was not advised at the bar. Recieved the £100 charge a couple of weeks later with a reduced £60 charge if payed within so many days. So I appealed directly to Brittania parking and recieved an email back saying they would consider my appeal. That was the last I heard of them until today when I recieved a letter from BW legal stating I owe £160 as I had not payed in the time allocated, stupidly I rang BW legal to ask what the hell was going on (only realised I should not have done this after finding this page) they are going to contact Brittania and get back to me, what is the best course of action for me? Continue to ignore the letters? Your advice would be greatly appreciated!
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  • Umkomaas
    Umkomaas Posts: 41,509 Forumite
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    BWL are acting in a debt collector capacity at the moment and can be ignored (NEWBIES FAQ sticky, post #4 ) unless/until they issue a Letter of Claim (giving 30 days to respond) and/or you receive a formal court claim from the Northampton CCBC. Come back on this thread if you get either.

    Meantime, do plenty of research on the forum, starting with the NEWBIES FAQ sticky, post #2 which takes you through any (prospective) issue of court proceedings.
    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
  • Tuvster101
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    I'll back to you when and if they decide to do either! Many thanks I appreciate it
  • Umkomaas
    Umkomaas Posts: 41,509 Forumite
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    Tuvster101 wrote: »
    I'll back to you when and if they decide to do either! Many thanks I appreciate it

    Good - but get on with doing the advance research as well. Cases here prove that the more preparation you do, the more likely you are to breeze through this and get the desired successful outcome.
    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
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    That was the last I heard of them until today when I recieved a letter from BW legal stating I owe £160

    The first BIG mistake by BWLegal is trying to scam you with £60

    HENCE ......
    Abuse of Process ... District Judge tells BWLegal

    https://forums.moneysavingexpert.com/showthread.php?t=6014081
  • Tuvster101
    Tuvster101 Posts: 10 Forumite
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    Hi guys, 
    So since my last post I had heard nothing from BW legal other than when I phoned them before I first posted to this thread and they told me my account was on hold. I recieved an Email last week which contained a copy of a letter I never recieved which they claim was sent back in November, and today I recieved a 'letter of claim' which indicates they are taking me to court to reclaim the alleged charges If I do not respond in  30 days. What are my next steps, do I need to respond to this letter at all? 
    Any advice would be welcome.
    Kind regards
    Tuvster101
  • KeithP
    KeithP Posts: 37,894 Forumite
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    The first few paragraphs of the second post of the NEWBIES thread explain exactly what you should be doing now.
  • Tuvster101
    Tuvster101 Posts: 10 Forumite
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    Cheers KeithP, have followed the steps set out in the Newbies thread so will see what BW come back with! 
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    Hi guys, 
    So since my last post I had heard nothing from BW legal other than when I phoned them before I first posted to this thread and they told me my account was on hold. I recieved an Email last week which contained a copy of a letter I never recieved which they claim was sent back in November, and today I recieved a 'letter of claim' which indicates they are taking me to court to reclaim the alleged charges If I do not respond in  30 days. What are my next steps, do I need to respond to this letter at all? 
    Any advice would be welcome.
    Kind regards
    Tuvster101
    So, does the LBC add a fake £60 ?????
  • Tuvster101
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    Beamerguy, they ceetainly have! The original 'charge' was for £100 now they are demanding that plus a further £60 for legal costs.
  • Norfolk_Boi
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    Report BW Legal to the Solicitors Regulation Authority for the added £60. It is unlawful! If the driver had not been named it is in contravention of the Protections of Freedoms Act 2012 Schedule 4 (which is law), section 4, paragraph 5. If driver has been identified it is in contravention of the Consumer Rights Act 2015 the additional sum is a penalty and fails S71(2) of the Consumer Rights Act 2015 for the fairness of the contract terms and the provision of the additional charge breached Schedule 2 (Grey List) paragraphs 6, 10 and 14. They CANNOT add the £60 unless it is mentioned on the site signage, which it most likely won't have been. 
    I reported Barely Legal to the SRA for the claim against me and the claim was dismissed, although I do not know if it was due to the complaint to the SRA. But the SRA have said that they have many complaints about Barely Legal adding this fake charge. It is unlawful. 
    Do not give in to Private Parking firms. Fight them all the way!
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