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

hayd555

Thanks all, still no response yet but I did get something back from the SRA:

"Thank you for your report about BW Legal Services Limited (BW Legal). We have received a

number of reports about BW Legal raising similar issues.

Information about our investigations can be found on our website at

www.sra.org.uk/sra/decision-making/guidance/investigations-gathering-evidence

What we will do next

We will pass the report to the Investigation Officer who is currently dealing with the

investigation into BW Legal’s debt collection practices. Once he has reviewed your report, he

will contact you. This should be by 17 June 2020. "

D_P_Dance

I do not see how they can avoid sanctioning BWL.

Coupon-mad

Can you tell us the reference and subject line of the email?

hayd555

Coupon-mad said:

Very good.  Can you tell us the reference and subject line of the email, which others can use to tie up their complaints?  That's what we have been doing with Gladstones.

Of course I can its Our ref: POL/1289544-2020. hope we can add to it! 

beamerguy

Thanks all, still no response

The purpose of the letter I drafted above is two fold.
1: If they reply, they dig a further hole for themselves and will come back fighting with lies which is perfect for a judge to read
2: They ignore you which is probably more dangerous for them as you can show your letter to a judge so he can ask them the same questions.

As BWLegal do not go to court themselves but more so use a "rent by the hour" legal who is given just the basics, as Coupon-mad and myself have seen first hand.  I think that even if the rent by the hour legals were given all the facts,  they are incompetent anyway

hayd555

An update finally today from BWLEgal:

"The Contractual Costs formed part of the Terms and Conditions (of the parking contract) which were accepted by you in the course of staying at the car park. Save for the fact that the sum of £60.00 attributable towards these costs are entirely reasonable for nature and type of work involved in recovering the parking charge, such costs are recoverable under the relevant parking code of practice.

 

Under the BPA Code of Practice, Part B, Section 23 - Recovering unpaid parking charges states, “Where a Parking Charge becomes overdue and before Court Proceedings have commenced, a reasonable sum (which covers the cost of recovering debt) may be added for the debt recovery fees. This sum must not exceed £70 unless prior approval from the BPA has been granted.”.

 

We hope this clarifies our Clients position.

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.

How to make payment

One of the quickest ways you can review your account is to register on our Customer Portal by visiting www.bwlegal.co.uk - 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.

Kind Regards,

bwlegal

Coupon-mad

A PPC CANNOT recover the costs twice.  It's already part of what 'justifies' the £100.

Johnersh

The signage usually says additional costs MAY be charged on an indemnity basis.

If you are to indemnify the parking company for £60 of additional costs them they need to prove that such costs were actually incurred specific to your case (business overhead being incurred in any event won't cut it). 

They appear to be treating it like liquidated damages - aka an agreed penalty clause within the contract. Save that its not agreed (may not will) and indemnify not impose a fixed sum of...  

Coupon-mad

The signage usually says additional costs MAY be charged on an indemnity basis.
If you are to indemnify the parking company for £60 of additional costs them they need to prove that such costs were actually incurred specific to your case (business overhead being incurred in any event won't cut it). 

But even if they did, and even if the sign mentioned £60 in red bold writing, a PPC still can't add it.

If a PPC says the costs are in the £60 add-on, then that throws the £100 PCN under a bus - no Beavis case justification of the quantum of the PCN.

hayd555

The signage does not specifically state a charge of £60, in fact it doesn't a specific charge