Multiple Parking fines - NCP / Trace debt recovery and BW Legal

D_P_Dance

Although it is nor binding, it is very likely that other Judges will do the same.  It may well be an unfair term in a consumer contract (CRA 2015).  The BPA CofP ismnot law and does not form part of their contract with you.   Why not reply in that vein cioying your letter to the SRA                       https://www.sra.org.uk/.                                                                                    

hayd555

Hi All,
Its been really quiet since lockdown period but I have now since received a letter from BWlegal for 2 of the PCN's:
Title head is listed as a LETTER OF CLAIM, its outlining that they will commence legal action in the form of issuing a claim against me in the county court with some interest fee's court fees and solicitors costs associated to this now unless its paid beforehand. 

How can I act appropriately? 

beamerguy

hayd555 said:

Hi All,
Its been really quiet since lockdown period but I have now since received a letter from BWlegal for 2 of the PCN's:
Title head is listed as a LETTER OF CLAIM, its outlining that they will commence legal action in the form of issuing a claim against me in the county court with some interest fee's court fees and solicitors costs associated to this now unless its paid beforehand. 

How can I act appropriately? 

A LBC must give you 30 days to respond, provide proof and enclose financial forms.
THE FORMS YOU IGNORE

You must respond to a LBC but as the claim will add fake amounts, it makes BWLegal unreliable.
The only excuse they have to add a fake amount is a very feeble attempt to use the BPA code of practice 
In reality the code of practice does not and cannot form a legal contract with the motorist.

As BWLegal are attempting to mislead the court, the court also know that this is Double recovery and Abuse of process.  Hence the continued spankings of BWLegal in court

In your reply, deny the debt and ask for their legal authority to add unlawful amounts.  BWLegal have never responded to this as they don't have a legal authority, they foolishly still believe it's the code of practice
A non reply without explaining their legal authority to add unknown amounts is perfect to tell a judge
The judge will already know this is DOUBLE RECOVERY

https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

hayd555

beamerguy said:

hayd555 said:

Hi All,
Its been really quiet since lockdown period but I have now since received a letter from BWlegal for 2 of the PCN's:
Title head is listed as a LETTER OF CLAIM, its outlining that they will commence legal action in the form of issuing a claim against me in the county court with some interest fee's court fees and solicitors costs associated to this now unless its paid beforehand. 

How can I act appropriately? 

A LBC must give you 30 days to respond, provide proof and enclose financial forms.
THE FORMS YOU IGNORE

You must respond to a LBC but as the claim will add fake amounts, it makes BWLegal unreliable.
The only excuse they have to add a fake amount is a very feeble attempt to use the BPA code of practice 
In reality the code of practice does not and cannot form a legal contract with the motorist.

As BWLegal are attempting to mislead the court, the court also know that this is Double recovery and Abuse of process.  Hence the continued spankings of BWLegal in court

In your reply, deny the debt and ask for their legal authority to add unlawful amounts.  BWLegal have never responded to this as they don't have a legal authority, they foolishly still believe it's the code of practice
A non reply without explaining their legal authority to add unknown amounts is perfect to tell a judge
The judge will already know this is DOUBLE RECOVERY

https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

Thanks Beamer, they didn't include any proof: it contained information sheet, reply form and income and expenditure form. 
How best should I reply? Their reply form is basically boxes being filled out with sections such as Box A "tick I owe the Debt" and so forth,

nosferatu1001

The newbies thread tells you exactly what to do with a LBC. It is your first stop for any quesion you have. Seriously.

hayd555

I've read the thread, just a bit confused at what point I start submitting for MCOL 

nosferatu1001

After you have received a claim form!
You are ast L BC 
FOllow instructions for a LBC
Cannot be simpler put than that. 

Coupon-mad

AND I am so glad you came back now - please now make a real difference - A TASK FOR SEPTEMBER.

The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

At the very least, we say the parking charge level should be £50/£25 or higher level £70/£35, as per Council PCNs in E&W.  

And we say the added fake 'debt recovery' costs are just double counting the cost of letters, and MUST GO because that is unfair and illegal.

Please be heard.  You can bet the hundreds of PPCs will be commenting.

No apologies for repeating this vital 'call for action' to consumers, on every thread this month!

hayd555

nosferatu1001 said:

After you have received a claim form!
You are ast L BC 
FOllow instructions for a LBC
Cannot be simpler put than that. 

Yeah, sorry for being arrogant or being seen as that, I've never seen what a claim form is  in my life so, sorry.. and thanks. I presume I get this after my 30 days are up and the ball starts rolling

KeithP

The second post of the NEWBIES thread describes the whole court process.