Letter of Claim from BW Legal

KeithP

Very important that Grandad.

I'm sure we have seen the situation where, in an attempt to resolve an issue, the MP has forwarded a copy of the constituent's letter to the PPC.

Vince4512

Hi, I received a letter fo claim from BW Legal. I didn't appeal this case but have been in email dialogue with them. This is the latest email. How do I move on from here? Thanks


Good Afternoon

Thank you for your recent email, the contents of which have been noted on file.

Your position has been noted however, In order to use the facility it is your responsibility to abide by the Terms and Conditions. As the vehicle involved in the contravention parked in a non parking area these Terms and Conditions were broken.

As previously stated Our Client has not received an appeal, should you have evidence of an appeal being raised please provide this so that we can look into the matter further.

As a result of the breach, Our Client is well within their contractual rights to issue the Parking Charge Notice and take all necessary steps (including bringing legal proceedings) to recover the outstanding charge.

What to do next
Our Client is willing to resolve matters with you on an amicable basis, however, this is contingent on you making immediate arrangements to repay the Outstanding Balance Due within 14 days.

If you cannot afford to pay the Outstanding Balance within 14 days don't worry, Our Client may be willing to accept repayments of the Outstanding Balance at an affordable rate each month.

It is important that you call us before the 14 day period expires to discuss the options available to you.

We are here to assist you, however, if you have not taken any of the action above before the deadline expires, we are instructed to continue with the legal recoveries process which make include the prospect of bring County Court proceedings against you (if such action has not already been taken) to recover the outstanding balance.

How to make payment
One of the quickest ways you can review your account is to register on our Customer Portal by visiting 000.bwlegal.oo.oo- on here, you can make payment or, alternatively, to propose a repayment plan in respect of the outstanding amount.

Alternative, please call us today on 0113 487 0432 if you would prefer to discuss your account with one of our helpful team. We also accept payment by a variety of methods which are specified overleaf.

If you are in any doubt about the content of this email and/or require guidance/assistance on clearing the balance due to financial difficulties, we would advise you to seek free advice, alternatively you can obtain legal advice from a Solicitor.

Kind Regards,

bwlegal

Coupon-mad

This isn't your thread. It's not a free for all, it's Billyrayvalentine999's thread.

Billyrayvalentine999

@KeithP - well, I may have shot myself in the foot there because I think you're correct, it looks like my email was forwarded on by the MP's office.

This morning, I had this email from the cowboys in response to my SAR (sent by email on the 12th January) -

Dear Sir,

Thank you for your email, for me to process this request for you , could you please confirm you PCN reference number and/or vehicle registration number.

and three hours later I had this from the MP's office, in response to my email sent just before 8 last night:


Good afternoon,

Thank you for writing to george to raise this case.

May I have a few more details before we can proceed?

Your full postal address and previous address
The dates of when you left the house and the date of notification to the DVLA of a change of address
Any scans/pictures of the letters
Reference numbers of the PCN

I look forward to hearing from you.

I haven't replied to either email yet and I was hoping for a little advice. It feels as though the MP's office as the parking cowboys are in cahoots!

Coupon-mad

@KeithP - well, I may have shot myself in the foot there because I think you're correct, it looks like my email was forwarded on by the MP's office.

I am not sure it looks that way at all. Looks like a standard SAR first reply asking you to prove your ID to get your data.

Billyrayvalentine999

@Coupon-mad - thanks for that.  I'll get on with the responses to the emails now I've got 5 minutes. 
Incidentally, I've now received the county court claim forms as well as a letter from BW Legal telling me they've made the claim and "it's not too late" to pay them. 
I've also been trying to track down the landowner, which I've now been told is the local council, so I'll try calling them on Monday, when they are open and see how I get on.  While I was looking for who the landowner was, I came across this website: http://parking-prankster.blogspot.com/ It's not up to date but this is where I parked and there's some information here that I hope to utilise! http://parking-prankster.blogspot.com/2017/03/argos-camborne-cornwall-armtrac-scam.html
There might be some blog posts on there that others in the same boat can use too.
Cheers all.

KeithP

What is the Issue Date on your County Court Claim Form?

Billyrayvalentine999

@KeithP The issue date is the 5th February.

KeithP

Billyrayvalentine999 said:

@KeithP The issue date is the 5th February.

With a Claim Issue Date of 5th February, you have until Monday 24th February to file an Acknowledgement of Service. If possible, do not file an AoS before 11th February, but otherwise there is nothing to be gained by delaying it. To file an AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread - https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou 

About ten minutes work - no thinking required.

Having filed an AoS, you have until 4pm on Monday 9th March 2020 to file your Defence.

That's a month away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

When you are happy with the content, your Defence could be filed via email as suggested here:

1. Print your Defence.
   
2. Sign it and date it.
   
3. Scan the signed document back in and save it as a pdf.
   
4. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
6. No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.
   
   After filing your Defence, there is more to do...
   
   
7. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire. Nothing of interest there. Just file it.
   
8. Wait for your own Directions Questionnaire from the CCBC, or download one from the internet - https://www.gov.uk/government/publications/form-n180-directions-questionnaire-small-claims-track , and then complete it as described by bargepole in his 'what happens when' post linked from post #2 of he NEWBIES thread - https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou"]
   
9. The completed DQ should be returned by email to the CCBC to the same address and in the same way as your Defence was filed earlier.
   
10. Send a copy of your completed DQ to the Claimant - to their address on your Claim Form.

Billyrayvalentine999

Hi @KeithP
I've just completed the AoS and you're right, it really isn't too bad.  It's just pretty much saying "I intend to contest this claim".  I'll read up on the information around the defence and start putting something together over the next few days.
Cheers again for your help!