Letter of Claim from BW Legal

Billyrayvalentine999

Thanks, everyone for the responses to my last post and thanks to @beamerguy for the email template and @Le_Kirk for proofreading it.  I think, however, the emails been ignored, which isn't a bad thing.  If they can't provide legal authority to me for adding £60 on, it demonstrates they know they shouldn't, I believe. 
They have, however, responded to the 'Notice of Allocation to the Small Claims Track (no hearing)' letter by email and copied me into it.  
I'm assuming it's safe for me to do the same and agree to it to no hearing but I was wondering what people's opinions on no hearing were? Is this good, bad or indifferent? 
Thanks again, all.
Kieran.

Billyrayvalentine999

D_P_Dance said:

-        The £60.00 is calculated as debt recovery cost
Unlawful,   Write asking them them where the law states that thus is permitted.

 Under the Code of Practice, Part E, Schedule 5 – Parking Charges states, “Where a Parking Charge becomes overdue a reasonable sum may be added.

But the COP has no legal force, it is worthless.  Write to them asking where the law says this is permitted.  Copy yo the SRA headed COMPLAINT -  CONDUCT LIABLE TO BRING THE PROFESSION INTO DISREPUTE   

They are trying to misleade the public here, conduct like to bring their profession into disrepute. 

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

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, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, 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.

 

Thanks for your input, too.  
I did complain to my MP but didn't get very far.  Someone from the MP's office called me and said they were aware of the company and she implied I wasn't the first person to complain about this particular clamper but ultimately, there was nothing they could do.
Disappointing but if you don't ask, you don't get.

D_P_Dance

There is plenty they can do.  They can right to the PPC, write to the ATA, write to the DVLA, and badger Sir Greg Knight.  Tell them that, unless they get thrit ducks in a row, they can write off your vote in future.  

beamerguy

Billyrayvalentine999 said:

Thanks, everyone for the responses to my last post and thanks to @beamerguy for the email template and @Le_Kirk for proofreading it.  I think, however, the emails been ignored, which isn't a bad thing.  If they can't provide legal authority to me for adding £60 on, it demonstrates they know they shouldn't, I believe. 

A non reply will be ignorant which we know these legals are. HOWEVER, at this point, all they can do is to lie and fabricate an answer.  If they cannot give good reason for adding fake amounts this makes any WS unreliable

The letter is designed to command only two things
1: As they have no legal authority, a reply can only be rubbish
2: They fail to reply because they cannot answer

You have the letter you sent to show a judge and whether they reply or not is irrelevant. Both the options above means you can ask for the case to be struck out as being unreliable or Abuse of Process

That is why they are invited to discontinue

Le_Kirk

Billyrayvalentine999 said:

Thanks, everyone for the responses to my last post and thanks to @beamerguy for the email template and @Le_Kirk for proofreading it.  I think, however, the emails been ignored, which isn't a bad thing.  If they can't provide legal authority to me for adding £60 on, it demonstrates they know they shouldn't, I believe. 
They have, however, responded to the 'Notice of Allocation to the Small Claims Track (no hearing)' letter by email and copied me into it.  
I'm assuming it's safe for me to do the same and agree to it to no hearing but I was wondering what people's opinions on no hearing were? Is this good, bad or indifferent? 
Thanks again, all.
Kieran.

Do you mean to be heard "on papers"?  Not normally a good thing, unless you are absolutely certain that your defence, witness statement and evidence are top notch and you have seen the WS of the claimant and it holds no worries for you.  If you didn't mean that, what do you mean by "no hearing"?

Coupon-mad

I'm assuming it's safe for me to do the same and agree to it to no hearing 

Woah!  Do what now?

NONONONO.

And more no.

Billyrayvalentine999

Hi all, 
thanks for all your comments again.
Rather than trying to summarise the letter, I thought it would be easier and more accurate if I upload the letter I received from the court.  BW Legal replied to their copy of the letter by email, copying me into it.  This is their reply:
 "We write to you in regards to the above matter.  Please note that the Claimant agrees to the courts recommendation to have the hearing via a paper determination. The Defendant has also been notified of their positon and is copied into this email."
What I was saying in my last post (perhaps badly) was that I'm assuming BW Legal have seen my inquiry about the legal authority of adding £60 and chose to ignore it because they've since copied me into an email of their own (replying to the court letter).  As they have probably read it and ignored it, to me, doesn't look good and I'm guessing it wouldn't to the judge either.

Thanks again, everyone.
Kieran.

Umkomaas

You've only got a day left to object to a paper hearing. You need to act urgently. 

Coupon-mad

OBJECT TO THE PAPER HEARING IMMEDIATELY.

Absolutely NOT recommended, this is covered everywhere all over the forum on court threads and the telephone hearings thread makes it clear what to say!

Billyrayvalentine999

Coupon-mad said:

OBJECT TO THE PAPER HEARING IMMEDIATELY.

Absolutely NOT recommended, this is covered everywhere all over the forum on court threads and the telephone hearings thread makes it clear what to say!

Stop assuming what BW Legal's motives are; of course they want a hearing on the papers - it gives them the best chance and you the worst.  They do 'papers' for a living. 

As for you - no hearing, no voice...

Ok, thanks.  I think I've been a bit naive about this part to be frank with you all.
So, it looks like my best course of action is to write my witness statement and send evidence, draft order and an email requesting the case is struck out or discontinued.  
I guess if nothing else this is an opportunity for BW Legal to discontinue.  Got to look on the bright side