NEWBIES L B C AND DEBT CLAIM

Darren104

Hello, received a letter before claim from BW Legal. I have read the newbies advice which ie states the following...
As well as the SAR to the parking firm's DPO, also write another email, if they are using Gladstones, DCLegal, BW Legal or other solicitor.
Your email tells the solicitor:
(a) I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.
(b) I have sent your client a SAR
The question i need answering is, what do i do in the meantime while seeking debt advice and waiting for the SAR.
Please advise.

Redx

Gather any evidence like pictures , documents , witness statements from all sources in preparation for the court claim

Concentrate on plan A , whilst you still can

Complain about the sc#m to your local MP

Comment on the 2 public surveys by the BSI and the Mhclg whilst you still can

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP, sometimes it can lead to cancellation.,

Coupon-mad

What do i do in the meantime?

@Darren104 I am glad you asked!  THIS: PLEASE!

CHANNEL YOUR ANGER ABOUT THIS PATHETIC CHARGE TO CHANGE THE WAY THE PARKING INDUSTRY WORK:

CALLING ALL NEWBIES! 

 

An urgent task – deadline approaching in a week or so:

Please now make a real difference because not enough people have yet, and time is running out. 

The Government is consulting for just a few more days, about a new statutory code of practice (CoP) and framework intended to rein in the rogue parking firms. 

Does it go far enough?  Read and comment on the draft CoP proposal and the enforcement framework consultation (two separate consultation documents).

HOW TO DO THE SUBMISSIONS:

BSI PAS 232 – COMMENTING ON THE CODE OF PRACTICE AS DRAFTED :

1.    You will need to register then log in, to comment on the CoP and enter an occupation even if you are retired or a homemaker.  

 

2.    Register, log into the BSI page, and download & read the cover letter here:

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

 

3.    Read the cover letter again and note the suggested extra questions... if you agree that, say, the 'loading/unloading and dropping off, asking for directions, and disabled people parking on double yellows as they can on street' activities listed should be exempt (not parking events, what do you think?) then please go to the Annexes at the end of the PAS Code and find the one about Exempt Vehicles and state what other activity you think should be added to the exempt list. 

 

4.    Download the PAS itself and start commenting on what you wish to say something about.  Quick links to each section appear on the left of your page. 

 

You don’t have to comment on everything, e.g. you might want to skip the definitions and focus on later sections, and certainly look at the Annex tables at the end that show things like consideration & grace periods and exemptions.

 

5.    Submit comments when you are happy with them. Don’t just ‘SAVE’ and forget!

 

THAT IS HALF THE JOB DONE!

THE MHCLG CONSULTATION IS EASIER AS IT IS JUST A LIST OF QUESTIONS. 

 

6.    You can do it first if preferred or pushed for time:

https://forms.office.com/Pages/ResponsePage.aspx?id=EGg0v32c3kOociSi7zmVqAVPfAOtwRxLhHRwQ610oElUMzhQSVo0WUQ4SERVSEZaUU9DTUhFQ1VMUy4u

If your answers exceed 4000 characters (approx. 500 words to a single question or 16000 words (approx. 2500 words) for all the questions below, you can email your answers to parking@communities.gov.uk as long as you state who you are.

 

THESE ARE THE QUESTIONS YOU WILL SEE, FOR RESPONSES TO THE FRAMEWORK:

Q1 Do you agree or disagree that members of APAs should be required to use a single appeals service appointed by the Secretary of State?

Strongly agree/Somewhat agree/Neither agree nor disagree/Somewhat disagree/Strongly disagree

 

Q1.1 Please explain your answer

(free text)

 

 

Q2 Please provide any other feedback on the determination of appeals, including the funding model and features that an appeal service should offer e.g. telephone or in-person hearings, the ability to submit evidence online

(free text)

 

Q3 Please provide any comments you have on the proposal to enforce the Code by combining the ATA’s existing audit procedures with additional safeguards.

(free text)

 

Q4 Please outline any alternative means by which the Code could be monitored and enforced. You may wish to cite evidence from other regulatory frameworks which are relevant.

(free text)

 

Q5 Please provide any feedback you have on the proposed governance arrangements for monitoring the new Code of Practice

(free text)

 

Q6 Which parking charge system is most appropriate for private parking?

 a) the Three-tiered system

 b) Mirroring the Local Authority system

(free text)

 

 Q6.1 Please explain your answer. You may, for example, wish to make reference to other deterrent frameworks (for example, for railway tickets or traffic violations)

(free text)

 

 

Q7 What level of discount is appropriate:

40% as is currently offered in private parking and suggested in the three-tiered system, or

50% as is offered in Local Authority parking?

a) 40%

b) 50%

 

Q7.1 Please explain your answer, including whether the discount should be set at a different level

(free text)

 

 

 Q8 How should the level of parking charges be set and how should the levels be revised in future?

(free text)

 

 

Q9 Do you agree or disagree in principle with the idea of the Appeals Charter?

Agree/Disagree

 

Q9.1 Please explain your answer

(free text)

 

 

Q10 Do you agree or not that the examples given in the Appeals Charter are fair and appropriate? Agree/Disagree

 

Q10.1 Please explain your answer.

You may wish, for example, to suggest additional cases to be covered in an Appeals Charter or query existing examples.

(free text)

 

Q11 Do you agree or disagree that the parking industry should contribute towards the cost of the regulation?

Agree/Disagree

 

Q11.1 Please explain your answer.

(free text)

 

YOU CAN INSTEAD GIVE MORE CONCISE ANSWERS ONLINE, USING THE MHCLG PAGE LINK.

Don’t forget that answering these questions is the easier bit…

Looking at the BSI PAS (the draft code of practice itself) involves logging in and submitting comments again, and again and again and takes more time!

There is a discussion about PAS submissions and what the pages look like, here:

https://forums.moneysavingexpert.com/discussion/6195417/am-i-doing-something-wrong/p1

 

Darren104

Is there a template i can use to reply to the BW Legal letter. Should i ask for all the documents they intend on relying on and also ask them for a break down of the calculation of the £160. I want to try and prevent his going to court as i am scared and suffer with panic attacks. Please advise because time is running out to reply. Thank you 

Redx

There is nothing you can do to prevent court action unless you get a landowner cancellation in writing

NCP will do as they please

Read other recent threads for how to reply to b w legal , but do not expect templates for everything , your initial post tells you what you write

Darren104

NCP own the land according to the local council

Darren104

PLEASE READ AND OFFER ADVICE . I HAVE SUPPLIED SOME BACKGROUND INFORMATION THAT COULD BE HELPFUL TO MY CASE. 

The NCP Ltd contravention was 11th April 2018. Parked without payment of the parking charge. The reason being, was that the machine was out of order. The driver assumed that if there was another pay machine, that would have been out of order to. One week prior to this contravention on 3rd April 2018, the driver also did the same thing, parked without payment of the charge, as the machine was out of order. The driver did appeal at the time to NCP and Popla but was unsuccessful. BW Legal filled a county court claim for around the same amount as this current one. They went to mediation and agreed a settlement of £150 to which was paid via standing order of £15 per month, last payment being end of July so the case and account is now closed. They have now decided to pursue me for this other contravention, it was appeal at the time through NCP Ltd and Popla, but cannot recall ever getting a reply and think it was because both contravention notices were in play at more or less the same time. SHOULDNT OF BW LEGAL have have combined both claims together, to save costs rather than deal with them individually, or are they within their tights to deal with them separately. Please advise. 

Darren104

I have read the newbies advice on what to do when you get a LBC........ in my case from BW Legal.....
send for a SAR to the PPC and 
Your email to the solicitor:
(a) I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.
Just a quick question in need of answering and putting my mind at rest.
Is this is all we ask for from the solicitor, at this stage?  If so,  when do we have to ask them to provide further information about that they will be relying on in court, and other further questions that need answering, such as the £60 abuse of process double recovery,  quoting the POFA,  or seeing if they agree to do ADR,  asking about landowner details etc. etc. etc... Can this be included in with this reply at this stage to the solicitor or is it best to wait till i receive the SAR from the PPC and wait for the 30 days and then request the information. Please help, bit confused, after reading discussions on different website forums. 
My LBC was from BW Legal = parked without payment of the parking charge back in 2018, as the machine was out of order. I am not sure if this is a valid reason for not paying and what chances i would have fighting it in court.
Please advise asap,  as i only have a week or so left  to reply to BW Legal. Thank you.

Le_Kirk

Read posts by @beamerguy and you will find text to send to BWLegal about the spurious £60.

nosferatu1001

"The driver assumed that if there was another pay machine, that would have been out of order to"
Stupid assumption. If out of order dont park. Simple. 
Court hasnt started yet. THis is LBA. Notjhing more. Follow the instructions. For a reason.