BW LEGAL LETTER OF CLAIM - HELP!!!

lpjp512020

Hi All,
I have been recieving letters for a few months now from BW Legal in relation to a PCN issued by Car Park Management Services (CPMS) Ltd.
The contravention is "Parked in someone elses/allocated bay" from Dec 2019.
They are stating that the PCN was issued to me via postal from CPMS on 27/12/2019. Then a final warning on 27/01/2020 where it was then passed over to BW Legal.
First of all, I never received the letters from CPMS, and was always under the impression if its not council etc you dont need to pay.
Anyway, today I have received a letter of claim from BW Legal, wanting me to pay in full the amount of £160 or threatened to be taken to County Court which could cost me £241.
Is there a way round of not paying this?  I tried to ring CPMS who answered with "yes" and was abrupt.
I rang BW Legal explained I never received a PCN in the first place, and they are now emailing me the original letters sent to me and have put the claim on hold for now.
They took all my details, which I weren't too sure about giving.

Does this need to be paid?  Do I have to pay the £160 balance? Can they take me to court?
Any help would be massively appreciated!!!!

Ralph-y

hi, and welcome to the forum ....

go to the newbies thread/discussion
https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-%20thankyou/p1
make sure you start at the first page not last

and have a good read especially the section on court cases ...

What address is on your log book/ V5 .... look don't guess?

is this a residential issue?

your property or some one else's ?

do not ring anyone ... everything in writing / email

"Does this need to be paid? "  only if a judge says so

"Do I have to pay the £160 balance?"    no ... see above

"Can they take me to court? yes

Ralph

Fruitcake

Never, ever ring a parking scammer or any of their minions. A 'phone call is not worth the paper upon which it is writ.

All your questions are already answered in the sticky thread for NEWBIES that ask posters to read it first before starting a thread.

Coupon-mad

Is the NEWBIES thread invisible this week? We have so many posters who haven't read what to do, and post asking what to do.

THIS IS EASILY HANDLED AS LONG AS YOU FOLLOW THE 2ND POST OF THE NEWBIES THREAD AND READ OTHER BW LEGAL CASES, AND STICK AROUND AND DON'T IGNORE A COURT CLAIM (AND DON'T PAY THE THING!!)..

AND - CALLING ALL NEWBIES!

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

An urgent task – deadline approaching in about ten days:

The Government is consulting for just a few more days, 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 then log in, to comment on the CoP and enter an occupation even if you are retired or a homemaker.  Submit comments as soon as 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

HOW TO DO THE SUBMISSIONS:

1. Read the cover letter

2. Read the cover letter again and note the suggested extra questions...and 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.  

 

If you do nothing else, please comment on:

- the amount of the parking charge levels

- the annexes at the end of the PAS (reading through the whole thing takes hours so if you have nothing to say about the definitions, for example, then skip to more vital points and the annex tables at the end.

- the bit about debt collectors and whether you think PPCs should be allowed to add 'costs' a second time, for the letters that are already within the rationale of the 'parking charge' sum...hmmm...

Responses into the PAS 232 and MHCLG framework documents are not completely straightforward:

On the MHCLG response, you have to answer the questions on a 1-5 scale from strongly agree to strongly disagree, and then put some commentary. No way to upload documents or alternatives but this doesn't take long.

 

 On the PAS 232, you have to click on each clause and sub-clause to put your comments, and a suggested rewording of their draft.  You can see comments which other people have written!   But, when you click ‘submit’, a message pops up to say your comments have been received, but that only applies to the particular clause you have just addressed.  

You have to go back up and find the next section, then the next...

You have to click ‘submit’ separately for each individual clause response.  Some people will be caught out by this but can revisit it and add further responses up to 12 October.

 

Things to think about:

A Speeding fine is £100.  A Local Authority lower rate parking penalty is £50.  Which do you think a private PCN should be like or do you think it should be something different?  

Do you think if all payment methods are not functioning that PPC can 'fine' you?

 

Do you think the examples mentioned in the cover letter are right and need adding to the Annex?

 

etc. etc.