BW Legal - I messed up

Le_Kirk

will_2705 said:

In terms of next steps s it still worth pursuing (responding) or should I wait for their notice? I'll tell you one thing for sure, if they are worried about missed revenue this really isn't the intelligent approach - I plan to make it my life's work to get them voted out at the next AGM. 
Best, 
Will 

Are they even there legally?  When/before the contract was "awarded" to the PPC did they carry out a consultation and obtain consent of more than 75% of the leaseholders/owners/tenants with not more than 10% disagreeing?  If not, they are there illegally.

Coupon-mad

Their note about the signs was interesting. As the property and much of the grounds is Grade 2* listed i'd imagine their signage is actually in breach of this - so it might be worth mentioning it to the planning authority. Thoughts? 

Yes - report it as a breach and ask the Planning Authority what they are going to do about it.

will_2705

Hi All, 
Firstly, Thanks for your help previously. Secondly, an apology, on re-reading their claim I miss-informed you in my initial post; I believed the ticket was given on the day I moved in (and completed my purchase), but it was actually the evening before, I stayed with a friend in the same building. I am assuming this detail really doesn't matter as, either way, I wouldn't have had the permit yet - but thought it's better to check?

---------------------------------------What's happened so far ---------------------------------------

• Confirmed they are legally allowed to ticket as they were engaged by our housing association 
• Forced (he was very unwilling to help) our housing director (with our management company cc'd) to request the ticket be cancelled - Their response was as follows: 
  

*name removed* - Respectfully, PPM provides free of charge service on a self-funding basis, each PCN issued correctly has set cost implication at source as well as the source of PPM income. We also have to treat all parties unilaterally. Offer of goodwill to accept the reduced payment is the best I can offer at this time. 

• Refused their offer of a £120 "goodwill reduced charge" 
• Had innumerable phone calls over the summer from the BW team - what a joke. These stopped about a month ago 
• Advised that if I was to go to court I would engage both the housing association and  management company as principles 
• Requested a copy of the contract from the above - Still not received this
• Started gathering votes in preparation for removing our parking management company at the next AGM
  

---------------------------------------The latest move ---------------------------------------

 I received a Letter of Claim on the 25th of September. This seems to still be trying to convince me to pay and calls out "estimate claims" and states that if they don't hear by the 30th October they will issue a County Court Claim without further notice. 

• Therefore, this is just yet another threat, and there is nothing to be done until I received a formal notice?
• See their estimated fees below, I couldn't their fake £60

-

Thanks as always for your help. 

KeithP

will_2705 said:

 I received a Letter of Claim on the 25th of September. This seems to still be trying to convince me to pay and calls out "estimate claims" and states that if they don't hear by the 30th October they will issue a County Court Claim without further notice. 

• Therefore, this is just yet another threat, and there is nothing to be done until I received a formal notice?

Have another look at the first few paragraphs in the second post of the NEWBIES thread.
You will find guidance there on how to react to a Letter of Claim.

Timeouts

PRINCIPAL DEBT + INITIAL LEGAL COSTS = £160 ??

That is yet another feeble attempt to mislead you and the court.  They attempt to hide the fact that this is infact so called debt recovery costs

This is a small claims court and yes, they can add £50 for solicitors costs, but adding £60 on the pretence this figure is a legal cost (should be max £100) is DOUBLE RECOVERY and not allowed. This then becomes Abuse of process.   This abuses the court and if they continue it must be directed to a judge.

If they issue a claim, it will be interesting to see if they actually still call the £60 legal costs and then sign a statement of truth well knowing that this is double recovery.

You must reply to a LBC and point out that you deny any debt and find their claim un-reliable which you will refer to the judge.  They may reply but it does not matter .  The hole they dig just gets bigger and bigger

will_2705

KeithP said:

will_2705 said:

 I received a Letter of Claim on the 25th of September. This seems to still be trying to convince me to pay and calls out "estimate claims" and states that if they don't hear by the 30th October they will issue a County Court Claim without further notice. 

• Therefore, this is just yet another threat, and there is nothing to be done until I received a formal notice?

Have another look at the first few paragraphs in the second post of the NEWBIES thread.
You will find guidance there on how to react to a Letter of Claim.

Thanks! I've submitted a SARs and sent a note to BW Legal asking for the case to be put on hold. 

The PPM (parking company) have responded asking for my registration; really they should be able to find all of this information with out my registration using the details provided, but is there any harm in providing it, I wouldn't class it as "personal data"? 

cheers 

Le_Kirk

will_2705 said:

KeithP said:

will_2705 said:

 I received a Letter of Claim on the 25th of September. This seems to still be trying to convince me to pay and calls out "estimate claims" and states that if they don't hear by the 30th October they will issue a County Court Claim without further notice. 

• Therefore, this is just yet another threat, and there is nothing to be done until I received a formal notice?

Have another look at the first few paragraphs in the second post of the NEWBIES thread.
You will find guidance there on how to react to a Letter of Claim.

Thanks! I've submitted a SARs and sent a note to BW Legal asking for the case to be put on hold. 
The PPM (parking company) have responded asking for my registration; really they should be able to find all of this information with out my registration using the details provided, but is there any harm in providing it, I wouldn't class it as "personal data"? 

Have they asked for your VRM as a result of you submitting your SAR?  If so, this is quite reasonable as how else are they going to find (all) the PCNs attached to your vehicle.  You surely provided a scan of your V5C when submitting the SAR to prove your ID.

nosferatu1001

Send it to them, but remind them that they are required to produce all data relating to *you*, and not just your vehicle. 

will_2705

nosferatu1001 said:

Send it to them, but remind them that they are required to produce all data relating to *you*, and not just your vehicle. 

Thank you, that's what I've done. 

will_2705

Le_Kirk said:

will_2705 said:

KeithP said:

will_2705 said:

 I received a Letter of Claim on the 25th of September. This seems to still be trying to convince me to pay and calls out "estimate claims" and states that if they don't hear by the 30th October they will issue a County Court Claim without further notice. 

• Therefore, this is just yet another threat, and there is nothing to be done until I received a formal notice?

Have another look at the first few paragraphs in the second post of the NEWBIES thread.
You will find guidance there on how to react to a Letter of Claim.

Thanks! I've submitted a SARs and sent a note to BW Legal asking for the case to be put on hold. 
The PPM (parking company) have responded asking for my registration; really they should be able to find all of this information with out my registration using the details provided, but is there any harm in providing it, I wouldn't class it as "personal data"? 

Have they asked for your VRM as a result of you submitting your SAR?  If so, this is quite reasonable as how else are they going to find (all) the PCNs attached to your vehicle.  You surely provided a scan of your V5C when submitting the SAR to prove your ID.

Thanks! I provided my name and address. I agree it's a reasonable ask. However, I would presume they can use my postcode/name/address combination to look up all their records on their database, including my registration mark - so I can't see why they'd need it. #

I presume the last bit is a joke! :-)