Letter of Claim from BW Legal

Billyrayvalentine999

Hi all,

I think I've followed the posting rules so please forgive me if I haven't. I'm starting a thread because I have received a 'Letter of Claim' from BW Legal.

To give you a little bit of context, it is to do with an alleged contravention from the 23rd of July, 2017. I probably shouldn't have done (and reading this forum, I'm pretty sure I shouldn't have done) but I threw the ticket away and I think the first I heard since then was a letter from BW Legal on the 22nd November, telling me I need to pay an outstanding balance of £160. I ignored that one and then received a Letter of Claim on the 9th December, requiring payment of £254.02. I've sent a SAR request to both BW Legal and their client KBT Cornwall Ltd t/a Armtrac Security, as per the advice on this forum as predicted, BW Legal refused my request. Nothing from KBT Cornwall, so far.

So, any suggestions would be welcome! If you want me to upload the letters or clarify anything, that's no problem. Thanks for taking the time to read my post.

Billy

Fruitcake

Have you received a claim form from the courts/MCOL giving you 30 days to respond and including financial forms (that you do not fill in)?

Read the guide to court written by bargepole you will find in post 2 of the NEWBIES. This takes you step by step through the process from the LBC to the court appearance.

Get pics of the site and signage wherever possible.

Was the original PCN/NTK appealed, and if so, was the driver's identity revealed?

You should also read the abuse of process thread by beamerguy, especially post 14 of that thread written by Coupon-mad about the fake add on amounts.

What happened when you complained to the landowner?

Have you complained to your MP yet about this unregulated scam.

The_Deep

I ignored that one and then received a Letter of Claim on the 9th December, requiring payment of £254.02.

Far mre than the law allows, read this

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

and complain to the SRA

https://www.sra.org.uk/

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

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.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

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

Mystery_MrJ

Hi I'm in a similar position myself. Does anyone know if a letter of claim is the same as an LBC?

Redx

it is if it gives 30 days to reply and includes financial forms , from either the claimant or from their legal representative

LBA , LBC , LBCCC , LoC , all the same

the court claim comes from the CCBC in Northampton, a government office

Billyrayvalentine999

Thanks everyone for your replies. I didn't get any notifications of replies like I normally do to forum posts but then I had login problems too, so maybe it was something to do with that. Anyway, apologies for the delay in responding to my own post!

Fruitcake

"Have you received a claim form from the courts/MCOL giving you 30 days to respond and including financial forms (that you do not fill in)?" - No, nothing from the courts yet. The last letter I received was from BW Legal.

"Was the original PCN/NTK appealed, and if so, was the driver's identity revealed?" - No, I didn't appeal it. I ignored it. I wasn't aware of this site at the time and I had had a couple of parking tickets in the past, ignored them and heard nothing so I just followed my usual protocol!

"What happened when you complained to the landowner?" - I haven't. I'll go over the posts and look at the advice for doing so. Thanks.

"Have you complained to your MP yet about this unregulated scam." - No. But I'll do the same as with the landowner.

The Deep

Thanks for your advice and I'll contact my MP.

Mystery_MrJ

If it helps, my letter is from the legal recovery company; BW Legal. It came with a load of bumpf about debt problems and debt advice. If you need any more clarification on what I've got so far, just ask.

The_Deep

Mystery_MrJ wrote: »

Hi I'm in a similar position myself. Does anyone know if a letter of claim is the same as an LBC?

Millions do.

Billyrayvalentine999

I was just about to email this to my MP and I thought it might be useful for Mystery_MrJ and it would be good to have a bit of feedback before the MP reads it.

Dear George,

As my local MP for Camborne, I wanted to write to you and ask for your assistance with a "security company", called 'KBT Cornwall t/a Armtrac Security' who has issued me with a parking ticket, which I feel is totally unjustified.

To give you a bit of context, on the 23rd of July 2017, I parked in what I thought was Argos' carpark (Trevithick Road).! This was 3 weeks after moving from Newquay to Camborne and my partner and I had completed a house purchase on our new home, at the Boslowen development, near Tesco's.! I went to Argos to buy a bookcase.! I went in, queued for a few minutes before being told by the customer service advisor that they were out of stock.! Disappointing but, fine.! In the brief time I was in the shop (less than 10 minutes) I had been given a parking ticket! I didn't see the 'pay and display' sign when I parked the car but I must admit, I did see it when I realised I had a ticket.! I was shocked and furious.!!

Perhaps I shouldn't have thrown the ticket away but I did.

I heard nothing until a letter arrived from 'BW Legal', on the 22nd of November 2019 telling me I had to pay £160 by the!6th of December.! It took some time for me to realise what the letter was referring to (I nearly threw this one away too!) as it was almost 2 1/2 years after the "fine"! By the 9th of December, another letter had arrived from BW Legal, now telling me because of interest and court fees, I now owed them £254.02 - for parking at Argos to ask about a bookcase that was out of stock.! I wonder how they calculated the additional £94.02 rise between the request to pay £160 by the 6th of December and the sum of £254.02, requested on the 9th of December?

Mr Eustice, I assume you can appreciate my frustration?

I've done some research and as you'll be aware, it appears that this practice is being addressed by Parliament and for your convenience here are some comments made by your colleagues: (link removed as the forum algorithm thinks I'm spamming).

and here is a quote from SNP Shadow Leader of the House of Commons Peter Wishart:

''Rip-offs from car park Cowboys must stop''; unfair treatment; signage deliberately confusing to ensure a PCN is issued; ''years of abuse by rogue parking companies''; bloodsuckers; ''the current system of regulation is hopeless, like putting Dracula in charge of the blood-bank''; extortionate fines; rogue operators; ''sense of injustice''; unfair charges and notices; wilfully misleading; signage is a deliberate act to deceive or mislead; ''confusing signs are often deliberate, to trap innocent drivers''; unreasonable; a curse; harassing; operating in a disgusting way; appeals service is no guarantee of a fair hearing; loathed; outrageous scam; dodgy practice; outrageous abuse; unscrupulous practices; ''the British Parking Association is as much use as a multi-storey car park in the Gobi desert''; and finally, by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with this''.!!

I would be very interested in hearing from you with regards to your views on this matter and what you might be able to do about it.

Thank you in anticipation of your help.


Thanks in advance.

Coupon-mad

This is a good example of a template complaint to an MP and it drives me mad that posters ask for one! So glad to see someone make the effort to write a complaint & not ask 'what do I put?'!

Billyrayvalentine999

Thanks, Coupon-mad. I've removed the bit above seeing the sign. Next stop, complaining to the landowner!

1505grandad

Good idea if not identifying the driver to amend the following:-

"To give you a bit of context, on the 23rd of July 2017, I parked in what I thought was Argos' carpark (Trevithick Road).!"

i.e. say "driver" - check to see if any where else needs amending.