Letter of claim from BW Legal (NTC)

WillowTheWhisper

Hi all, it seems judging from other posts that BW Legal have just sent of a batch of Letter of claims!   My case concerns a ticket received for parking in a customer only car park space, whilst having lunch in a pub in Norwich.  My husband is a disabled blue badge holder and we only stopped there or lunch because there is onsite parking and he can't walk very far due to heart problems.  The blue badge was not showing because it was a customer's only space so we didn't think we needed to display it.
I ignored the ticket, thinking when they contacted me I would explain I was a customer and that would be that.  How wrong I was!   I received a letter dated 17/1/20 from QDR solicitors, saying they had been instructed by ZZPS who were acting on behalf of NTC.  Very confusing! I emailed NTC and ZZPS sending a copy of my bank statement showing a transaction and the photo I took of my car parked by the Customer Only sign.  Anyway, fast forward and I have received a Letter of Claim.
I have read the newbies pages and found it all very confusing but have finally drafted a response below.  I gather I shouldn't complete the questionnaire but please correct me if I should.
To be totally honest I didn't see the sign on the wall when we drove in, there may have been a car parked in front or it, or the bin; but even if I had of seen it, I would still have parked there because I was a customer.
Do you have any advice/feedback on what I have written already (shamelessly plagiarised from others posters!)?  I am going to start preparing my defence too.

I am writing in response to the Letter of Claim dated 10th September 2020 and received 14th September 2020.

On entering your client’s car park the only visible sign was “Parking For Customers Only”.  We have provided evidence, by way of a receipt, that we were customers whilst we were parked and therefore we complied with the requirements of parking.
Your letter of claim does not contain sufficient detail and fails to provide any evidence relied upon by your client. Your client must know that on 01 October 2017 a new protocol is applicable to debt claims. Since proceedings have not yet been issued, the new protocol clearly applies and must be complied with. 
If you intend to continue with this frivolous claim, I require your client to comply with its obligations by sending me the following information/documents:

- Whether they are pursuing me as driver or keeper.
- Whether they are relying on the provisions of Schedule 4 of POFA 2012.
- What the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated.
- Is the claim for a contractual breach? If so, provide a copy of that contract.
- A copy of the contract with the landowner under which they assert authority to bring the claim, as required by the BPA code of practice section 7
- A plan showing where any signs were displayed on that day.
- Details of the signs displayed on that day including - Size of signs, size of font, height at which displayed
- Details of the additions to the original charge, what that represents and how it has been calculated.

Until you and your client comply with its obligations I am unable to respond fully to the alleged claim.  This claim is so absurd and a waste of the Court's and our time, that should we go to Court I shall be seeking full costs.
Yours faithfully,

Fruitcake

What happened when you complained to the pub manager/brewery CEO/landowner?

Assuming NTC is Norwich Traffic Control, they are IPC members, not BPA members.

The customer only sign quite clearly applies to the parking space(s). The yellow sign appears to apply to a flower bed.

Complain to the IPC and the DVLA that the keeper's personal data has been obtained without reasonable cause. Include the photos of the car and sign.
These are the email addresses for the DVLA and DVLA KADOE team. Your complaint in each case is two fold. One that the scammers requested your data without reasonable cause, and the other that the DVLA released your data without reasonable cause.

ccrt@dvla.gov.uk and KADOEservice.support@dvla.gov.uk

Also complain to your MP about this unregulated scam.

Tell the scammers you are seeking debt advice and therefore they must put proceedings on hold for 30 days under the PAP for debt claims 2017. Use the precise words in bold.
Send an SAR to the scammers as well as per the advice ion the second post of the NEWBIES.

D_P_Dance

My case concerns a ticket received for parking in a customer only car park space, whilst having lunch in a pub in Norwich.

Please confirm that the car park belonged to the pub.  

WillowTheWhisper

Thanks both.  I emailed Liz Truss who unhelpfully referred me to POPLA!  I will send the emails off to the DVLA as I hadn't thought of that. I assumed NTC were BPA members as they show the logo on their sign and I have emailed BW Legal telling them I am seeking debt advice.  I have just received an email back saying my case is on hold.  
Shall I edit my earlier email or is it good to go? 

Coupon-mad

Why are you not planning to tell them that an occupant of the car was disabled and append the Blue Badge (redact the photo and reference)?  Now is the time to say this, pre-court, so that you can later add to it in defence if they proceed.

WillowTheWhisper

Fruitcake said:

What happened when you complained to the pub manager/brewery CEO/landowner?

The pub manager said they would never call NTC out over a lunchtime and they couldn't do anything about it.  The pub is rented from Great Hospital charity, who weren't interested either.  It's so frustrating!

WillowTheWhisper

Thanks all, I have redrafted using your advice.  Should I include the blue badge permit?

BWLegal

Address

Date

Ref: XXXXXXXXXX

Dear Sir/Madam,

I am writing in response to the Letter of Claim dated 10th September 2020 and received 14th September 2020.

As I have stated to you previously, on entering your client’s car park the only visible sign was one which clearly said “Parking For Customers Only”.  We have provided evidence, by way of a receipt, that we were customers whilst we were parked and therefore we complied with the requirements of parking.  My husband is registered disabled (a blue badge holder) and we chose to lunch at this particular pub because it had an onsite car park and he is unable to walk far due to heart fibrosis.

Your letter of claim does not contain sufficient detail and fails to provide any evidence relied upon by your client.  Your client must know that on 01 October 2017 a new protocol is applicable to debt claims. Since proceedings have not yet been issued, the new protocol clearly applies and must be complied with.  

If you intend to continue with this frivolous claim, I require your client to comply with its obligations by sending me the following information/documents:

• Whether they are pursuing me as driver or keeper.
• Confirm whether the car park belonged to the pub
• Whether they are relying on the provisions of Schedule 4 of POFA 2012.

• What the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated.
• Is the claim for a contractual breach? If so, provide a copy of that contract.
• A copy of the contract with the landowner under which they assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1
• A plan showing where any signs were displayed on that day.
• Details of the signs displayed on that day including - Size of signs, size of font, height at which displayed
• Details of the additions to the original charge, what that represents and how it has been calculated.

Until you and your client comply with its obligations I am unable to respond to the alleged claim.  This claim is so absurd and a waste of the Court's and our time, that should we go to Court I shall be seeking full costs.

Yours faithfully,

WillowTheWhisper

Complaints to ccrt@dvla.gov.uk and KADOEservice.support@dvla.gov.uk done.

MartinT1970

In the past few weeks I have received 2 letters from bw legal in relation to a parking ticket received back in 2017. The initial ticket was issued in March 2017 by UK parking patrol at a local sports club. I'd actually gone to pick up some information for laser quest that i was looking to do with my kids and I popped into town to get some stuff and lefy the car there as it's in town. When I got back there was a ticket on my car so i went to see the chap on the front desk who took my details down and said don't worry I'll get it sorted. I did have a couple of letters through initially then it went quiet so i thought all was ok? Anyway after a fair bit of time probably 18months of not hearing anything I started to get threatening letters from bw legal literally in the past few months. I was under the impression that parking organisations had a certain amount of time to chase claims... I wouldn't have expected 3.5years later to start getting letters threatening court action. The people at the local sports centre are unable to help as its so long ago and to be honest I hadn't even noticed the signage as i was in a hurry.
Can anyone clarify if there are any timescales for closure of an alleged parking offence and if it's likely I can still challenge it? Thanks in advance 

WillowTheWhisper

@MartinT1970 I think you need to start a new thread

Le_Kirk

WillowTheWhisper said:

@MartinT1970 I think you need to start a new thread

Correct!  It is difficult and confusing if regulars try to deal with two issues in the same thread.  Your first stop anyway is the NEWBIE sticky.