Letter of claim BW legal

Money_Saver125

I’ve received a letter of claim from BW Legal for a PCN dated nov 2019. The PCN is for overstaying in a free 20 minute space by 15 minutes. I was not the driver at the time of the incident. 

Is the following enough of a response to dispute the letter of claim. 

To whomever this may concern,

I am in receipt of your Letter of Claim, dated 18th February 2021.

First, I deny any debt to Parking Solutions Limited and any court proceedings will be vigorously defended.

Secondly, in reading your letter I do not believe (in reading through the Practice Direction for Pre-Action Conduct) that it is fully compliant with the Practice Direction: it is in fact woefully defective and possibly a deliberate attempt to mislead the recipient.

The letter that I received does not provide me with sufficient detail of the claim, nor does it provide any evidence that you stated in your letter that your client is relying on. Your client must come to understand that on 1st October 2017, a new protocol came into action regarding debt claims. Since the claim proceedings are taking place after this date, the new protocol must be adhered to.

The letter that I received from yourselves does not meet the requirements of the previously valid Practice Direction – Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d)), 5.1 and 5.2. As you and your client should be well aware, the previously used Practice Direction and the Protocol, which is applicable from 1st October 2017, are legally binding to all parties of any sized debt claim. It is in place so that prior to court proceedings, all parties understand the claim and their particular positions in relation to it, ensure that parties can take stock of their positions and also negotiate a settlement before the claim goes to court as to mitigate court costs and also valuable court time.

I am requesting all the documents/information that the new protocol state that your client has to produce. As a result of not providing this information from letter before claim, your client should not issue any proceedings without complying with the protocol requirements. I must also state that I reserve the right to bring to light any failure of the Claimant to obey with the protocol to the attention of the court, and to ask the court to stay the claim and order your client to comply with its pre-action obligations, and when any costs come to be considered.

I require your client to comply with its obligations by sending me the following information/documents:

1. An explanation of the cause of action
2. Whether they are pursuing me as driver or keeper
3. Whether they are relying on the provisions of Schedule 4 of POFA 2012
4. 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
5. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
6. Is the claim for trespass? If so, provide details.
7. Provide me 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 establishing yourself as the creditor.
8. A plan showing where any signs were displayed
9. Details of the signs displayed (size of sign, size of font, height at which displayed)
10. Provide details of the original charge and detail any interest and administrative or other charges added
11. Provide a copy of the Information Sheet and the Reply Form

If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and (c) and 16 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.

Lastly, I cannot properly respond to this claim filed against me, I am also unable to understand my position in relation to it until your client has fulfilled their responsibilities as the Claimant, by providing me with the sufficient information that is required of them to go forth with any court proceedings. If your client still proceeds without this information provided, I will seek immediate stay pursuant to paragraph 15(b) of the Practice Direction, and an order that this information is provided

1505grandad

What is the correct name of the ppc?.

Money_Saver125

1505grandad said:

What is the correct name of the ppc?.

Parking Solutions Limited 

Umkomaas

Money_Saver125 said:

1505grandad said:

What is the correct name of the ppc?.

Parking Solutions Limited 

Struggling to find a PPC by that name on either the BPA or IPC AOS lists. 

Can you double check that you've given us the full name? 

Can you find a website for them?
Was this a windscreen ticket, or a letter through the post?
Do you have any original paperwork from the PPC?  Can we see a redacted copy of the first letter you received from them, both sides, but leave any dates showing?

KeithP

Companies House know about Parking Solutions Limited, but they are not members of either the BPA's or the IPC's AOS scheme.

I would be asking the DVLA who requested the RK's details.
(nudge - @Umkomaas)

Castle

KeithP said:

Companies House know about Parking Solutions Limited, but they are not members of either the BPA's or the IPC's AOS scheme.

I would be asking the DVLA who requested the RK's details.
(nudge - @Umkomaas)

Companies House showing date of incorporation as 21 February 2020; OP's first post refers to PCN dated November 2019.

Umkomaas

KeithP said:

Companies House know about Parking Solutions Limited, but they are not members of either the BPA's or the IPC's AOS scheme.

I would be asking the DVLA who requested the RK's details.
(nudge - @Umkomaas)

Here you go @KeithP, damn, you're such a sweet talker! 😆

DVLA SUBJECT ACCESS REQUESTS 

You should email the DVLA and ask which organisations (when and for what reason) accessed the registered keeper's data from them between a range of dates which includes the date(s) of the parking incident(s). You need to provide the registered keeper's full name and address, the address on the V5C logbook and the Vehicle Registration Mark of the vehicle involved in the parking incident. 

SubjectAccess.Requests@dvla.gov.uk

This service is free of charge. 

Even though you email your request, the DVLA will respond via Royal Mail.

Money_Saver125

Sorry, just checked again and it is Total Parking Solutions Limited. It was a windscreen ticket but I was unaware at the time as I was not the driver. I don’t recall receiving anything in the post, as it was so long ago. 

Money_Saver125

Money_Saver125 said:

Sorry, just checked again and it is Total Parking Solutions Limited. It was a windscreen ticket but I was unaware at the time as I was not the driver. I don’t recall receiving anything in the post, as it was so long ago. 

I requested the PCN from the parking company, which they emailed to me 

Umkomaas

Sorry, just checked again and it is Total Parking Solutions Limited.

There's another hour of my life I won't get back!  Please check everything carefully before posting because it can lead to wild goose chases, or at worst, incorrect advice.

You also need to read requests carefully too. Like the following:

Do you have any original paperwork from the PPC?  Can we see a redacted copy of the first letter you received from them, both sides, but leave any dates showing?

nosferatu1001

...which is why you must be precise. No guessing. no shortening names. 
Youve just wasted regularts time, please try not to do so again!
Why diod you scrub the dates out? THose are needed to see if they can hold yoiu, the keeper, liable