Simplifying a Letter of Claim response

Green_Eye

Hey everyone,
Been reading these forums for days and im struggling to get my head round it all.
I have a Letter of Claim from BW Legal for a PCN, i have been going back and forth with them as they have been ignoring my 30 day request due to seeking debt advice.I have requested a SAR from the parking company, so im just waiting for this information. Can anyone help me to figure out what my reply should be? There is a reply form with various options ie Do you owe the debt, How will you pay etc. Do i complete this or send in my own letter? I know im probably going to feel the full wrath of someone here, some of the responses ive read have been quite blunt, quite harsh on newbies!

I acknowleged the LOC by email, but i dont know if this is enough, i assume i still need to respond with by post?
i can post a a copy of the LOC if that would be of use?
Thanks in advance.

Coupon-mad

There is a reply form with various options ie Do you owe the debt, How will you pay etc. Do i complete this or send in my own letter? 

You ignore the reply form, and you can't do much more than you already have, pre court claim (inevitable!), except a 'last gasp' complaint to the landowner/retailer to call their dogs off.  Specially good if it's a Hotel or Hospital or retail park where you can really complain and push whoever can cancel the charges.

Which PPC and which car park?

Mr_Cheeks

Coupon-mad said:

There is a reply form with various options ie Do you owe the debt, How will you pay etc. Do i complete this or send in my own letter? 

You ignore the reply form, and you can't do much more than you already have, pre court claim (inevitable!), except a 'last gasp' complaint to the landowner/retailer to call their dogs off.  Specially good if it's a Hotel or Hospital or retail park where you can really complain and push whoever can cancel the charges.

Which PPC and which car park?

Thanks for this, the company in question is Ipserv on behalf of Uni of Suffolk. I will contact the landowner (UoS) and see if we can we get this sorted.

The email I sent to BW was - 

Good afternoon

I have today received your letter of claim.

This is the 3rd time I'm having to sending this to you. 

I deny the debt to Ipserv and as per the pre action protocol, you are instructed to cease proceedings for at least 30 days whilst I seek debt advice.

So, what would my next move be? Wait for letter of court date then prepare my defence? Also, will court action be in my home town or where the alleged offence occurred? 

KeithP

Mr_Cheeks, are you related to Green_Eye in some way?

Coupon-mad

So, what would my next move be? Wait for letter of court date then prepare my defence? Also, will court action be in my home town or where the alleged offence occurred? 

Apart from pushing really hard for a cancellation by the Uni - saying how this is affecting your mental health and ''how dare they'' - then read the new ''Suggested template defence to adapt for all parking charge cases where they add false admin costs'' that is on page one of this very forum right now.

If using a suitably adapted (simply change the red bits!) version of the template defence there doesn't get the Judge to strike the case out then the hearing will be at your local County Court as you are a consumer and they are the company, so YOU get your court.

All of that and more is explained in more detail by bargepole, in his COURT PROCEDURES thread, linked in the NEWBIES FAQS thread second post under the red heading 'important - know what to do when'.   Don't be nervous - this is the point where these cases are won, but a claim from BW Legal is INEVITABLE unless you can get the Uni to stop it and call their useless scammer dogs off.

Mr_Cheeks

KeithP said:

Mr_Cheeks, are you related to Green_Eye in some way?

Yes, this was my friend who had been helping me get as far as I have, he is now on holiday for a couple of weeks and I didn't want to bother him. If I'm honest I think he was struggling with it too, im in half a mind to pay the invoice, but we have come this far now, I think we would almost certainly win in court given the circumstances, so I'm going to try my very best! 

Mr_Cheeks

Coupon-mad said:

So, what would my next move be? Wait for letter of court date then prepare my defence? Also, will court action be in my home town or where the alleged offence occurred? 

Apart from pushing really hard for a cancellation by the Uni - saying how this is affecting your mental health and ''how dare they'' - then read the new ''Suggested template defence to adapt for all parking charge cases where they add false admin costs'' that is on page one of this very forum right now.

If using a suitably adapted (simply change the red bits!) version of the template defence there doesn't get the Judge to strike the case out then the hearing will be at your local County Court as you are a consumer and they are the company, so YOU get your court.

All of that and more is explained in more detail by bargepole, in his COURT PROCEDURES thread, linked in the NEWBIES FAQS thread second post under the red heading 'important - know what to do when'.   Don't be nervous - this is the point where these cases are won, but a claim from BW Legal is INEVITABLE unless you can get the Uni to stop it and call their useless scammer dogs off.

Thanks coupon, I will try my very best to get my head around those posts you've suggested, you must me a night owl like me (actually I'm at work, haha) 

Green_Eye

Hey again, sorry, I'm taking this one over again from my friend as I've some further updates. 

Before I add them, when we received the letter of claim, we simply emailed back saying we received them. We haven't bothered to return the forms about my expenses or any of the questions asking how or if I intend to pay for the invoice, I trust this was the right thing to do.?

So, I have contacted the Uni and spoke to head of facilities. They didn't want to know. Said they cannot do anything as its Ipserv who sent the PCN. I reminded them that as landowner they have ultimate say. They contacted Ipserv who said that this is now with bw legal so cannot help. I know this is nonsense. My husband has today emailed the COO of the Uni with an official complaint against both Ipserv and the Uni Parking management. He is furious. 

So, I'm guessing he won't hear back from them at all, do we now start getting evidence together for court? I will get all my payment details from the Ringo app for which will. Prove I have paid countless times in the same car park, and hopefully the judge will take this on board. I will also print out the email where the Uni has admitted the original fine was excessive and Ipservs response (the basically poo poo'd it).

The forum is full of great info but I am struggling to separate the relevant parts to my case to see a way I can coherently write my defence.
Thanks so much everyone x

nosferatu1001

The newbies thread is pretty clear - no need to use any forms at all. 
Yes, get any and all evidence you can find for yourself. Point out the to the uni that, should IPSERV ve foolish enough to go to court, your counterclaim will name the uni as co-defendants under Part 20 of teh CPRs, so please provide a list of dates a Uni Officer cannot attend court. 

D_P_Dance

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.

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.

Green_Eye

Update - we contacted the COO of the Uni who advised they do not have any authority to rescind the PCN, despite them being landowners, surely this isn't correct?

I have responded and advised them we shall be naming them as Co defendants in any counter claim, I doubt that will make any difference seeing their inability thus far in any form of compromise.