BWlegal letter of claim

Silkyboi821

Hello

I am new to this so correct me on anything I do wrong and sorry if I’m posting in the wrong format.

So today I received a ‘letter of claim’ from BW legal, demanding payment of £160 for an unpaid parking charge back in July. They are telling me I have until 1st March to make the payment or they will take me to court. I’m now starting to worry that this will effect my credit score and go on my record. I also just don’t want to go to court. I am looking for some help and guidance as to how I can fight my case and defend myself against them to try and either stop them from taking me to court or to win the case. Can anyone help?

The reason I did not pay the fine is because in my opinion it was very unfair. I had only been living in my new apartment for approx 1 week, when I woke up one morning with a PCN on my windscreen from NTC regarding Unauthorised parking. This is because for the first week of me living in the apartment other people who lived in the block were parked in my allocated space. I took this as the parking was relaxed and for one night I parked in someone else’s space as mine was taken. I returned home late one evening from work and I was unsure what to do when someone was parked in my space. Nothing was laid out to me in black and white when I first moved in about parking. I do not think I have identified as the driver, I am also not the registered keeper of the car. No notice to keeper has been issued, is this something I can use in my defence? I will let you read this and if you have any questions please let me know

The_Deep

So today I received a ‘letter of claim’ from BW legal, demanding payment of £160 for ...

They are trying to claim for an unlawful £60 add on. Read this,

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

They know it so 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]

Silkyboi821

Hello and thanks for the reply.

How do I go about complaining to my MP?

Is the fact they are adding the £60 on enough for me to win the claim?

Redx

Email them

No it's not , it may get the amount claimed reduced but is no defence to the core element , the pcn

Umkomaas

I’m now starting to worry that this will effect my credit score and go on my record.

Only if it gets to court, you lose and you fail to pay what the Judge orders you to by the deadline given.

The reason I did not pay the fine is because in my opinion it was very unfair.

It's not a 'fine'! If you lose in court and the decision is 'very unfair in your opinion', I would not adopt a similar stance in regard to paying!

The_Deep

So far you have made several fundamental errors, please read the stickies before you post any more.

beamerguy

Silkyboi821 wrote: »

Hello


So today I received a ‘letter of claim’ from BW legal, demanding payment of £160 for an unpaid parking charge back in July.

BWLegal have now become a huge joke when it comes to the fake £60 add-on. IT'S ABUSE OF PROCESS

The courts spank them for this and it will be up to a judge to decide if it will be enough to kick them out of court.
Some judges go straight for the juggler and dismiss the case, whilst others look deeper into the claim and still decide to dismiss the case. Some will just deduct the fake £60

Abuse of Process ... District Judge tells BWLegal
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

So, you must reply to letter before claim, but ignore the forms enclosed.

You ask them on what legal authority they have to add £60 and it is that answer that you show a judge

Reasons so far
Debt recovery fee
Contractual costs
Admin fee
Late payment fee
Initial legal costs
The code of practice says they can

As you will see, it's just a scam, the courts are understanding this scam .... trouble is that all the reasons they give are nonsensical and contrary to the law and a ruling by the Supreme Court

It's now got to the point that any hour, any day, any week, BWL simply don't know when they will be spanked again

Silkyboi821

Which fundamental errors have I made?

The_Deep

The fundamental errors of not reading the stickies and not using a search engine.

Silkyboi821

I’m sorry, I’m just trying to find some help here. I’ve read through the stickies, I came across a part about lack of signage, or unclear signage. When I returned home to park on the day of the incident, someone was in my space, now the signage does now state what to do if someone is in your space, can I use this to my advantage?

Coupon-mad

I’m now starting to worry that this will effect my credit score and go on my record.

It won't.

Defending a claim and following all court directions/returning paperwork in time at court stage (and turning up at the local hearing) does not risk a CCJ, because 99% of people here win and the 1% who lose just pay what the Judge says (very rare - but not much different than the £160). NO-ONE risks a CCJ here.

I also just don’t want to go to court.

No-one does but when they go, and win, they love it and are buzzing!

You need to read post #2 of the NEWBIES thread and my signature tells newbies how to hop there with 2 clicks.