Bw legal NCP

SOTP34POD

Hi,

I have read the newbie sticky feed and emailed asking for SAR, I have also emailed bw legal informing them of this, I have had a letter of claim from bw legal, this is the first point of contact i have had with them, my car used to be registered at my old property which has now been changed, the people who have my old house have not sent me anything about this but have sent other post, the parking ticket is for June last year on a ncp car park, at the time of offence COVID has full grip and in the area all car parks were stated as free and the payment machine covered up, another member of public was on the car park at the same time as myself and she also didn’t pay, is there anything else I need to do at the moment other than wait for the SAR to come back, bw legal have acknowledged my email and want a load of information which I don’t want to give up just yet,

thanks for any help in advance 

Redx

If you told them to place the matter on hold for 30 days , that is all that was required !!

You should prepare for a court claim pack from the CCBC in Northampton , possibly next month

SOTP34POD

This is what I sent to them 

Dear Sirs,

I am in receipt of your Letter of Claim, dated 29 June 2021.

I’m afraid your letter contains insufficient detail of the claim and fails to provide copies of evidence your client is presumably relying upon. As such I must ask you to provide further information as detailed below, before I can decide how to proceed.

As of 1st October 2017 a new protocol has been applicable to debt claims, known as the Pre-Action Protocol for Debt Claims. I presume that your client, National Car Parks Limited, is aware of this? Since court proceedings have not yet been issued, this new protocol clearly applies and must therefore be complied with, by all parties.

Your Letter of Claim lacks specificity, and as such I believe it breaches both the requirements of the previously applicable Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims. Please treat this letter as a formal request for all the currently outstanding documents and information that the protocol now requires your client to provide. Your client must not issue proceedings without complying with that protocol. I reserve the right to inform the court of any failure of the Claimant to comply with the protocol, and furthermore to ask the court to stay the claim and order your client to comply with its pre-action obligations.

As solicitors, authorised and regulated by the Solicitors Regulation Authority, who specialise in legal recovery, you must surely be familiar with the requirements of both the Practice Direction which was applicable before 1st October 2017, and of the new Protocol which applies thereafter. Your client, NCP Ltd should also be aware of them. As you (and your client) must know, the Practice Direction and Protocol bind all potential litigants, whatever the size or type of the claim. The objectives of pre-action conduct and protocols are to assist parties in: understanding the claim and their respective positions in relation to it; to make decisions about how to proceed; to try to settle the issues without court proceedings; to consider a form of Alternative Dispute Resolution to assist with settlement; to support the efficient management of those proceedings; and to reduce the costs of resolving the dispute. I therefore find it wholly inappropriate that a firm of solicitors who specialise in legal recovery are sending a consumer (myself) a vague and un-evidenced 'Letter of Claim' in complete ignorance of the pre-existing Practice Direction and the new Protocol.

Nobody, including your client, is immune from the requirements and obligations of the Pre-Action Protocol for Debt Claims. As such, I require NCP Ltd to comply with its obligations by sending me the following information/documents:

1. an explanation of the cause of action
2. The evidence they have that confirms that I was, as they claim, the driver at the time of the alleged contravention (which I dispute)
3. 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
4. Is the claim for a contractual breach? If so, what is the date of the agreement? Please provide the names of the parties to it along with a copy of that contract.
5. Is the claim for trespass? If so, provide details.
6. Provide me a copy of the contract with the landowner under which authority to bring the claim is asserted, as required by the IPC code of practice section B, clause 1.1: establishing yourself as the creditor.
7. A map showing where any signs were displayed, including those upon entering the car park where the alleged contravention took place
8. details of the signs displayed (size of sign, size of font, height at which displayed)

9. At the time of this COVID 19 was in full swing and all car pros within the Stoke on Trent are we free of charge this was displayed on information boards around Hanley city centre, also on this car park the pay machine was out of order and another member of public was also on this car park at the same time and also confirmed the machine was not working due to COVID people was advised not to touch machines aswell as car parks being free.

If your client does not provide me with the above information, then I will ask 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 new Protocol.

Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings in the meantime.

Yours faithfully,

Le_Kirk

That is an old response to a LOC.  Good that you submitted a SAR.  Have you told them to put the matter on hold for 30 days as, whilst you deny any debt exists, you are seeking debt advice?

SOTP34POD

From that they requested all this

Good Morning,

 

Thank you for your recent email, the contents of which have been noted on file.

 

Please complete the following to enable us to discuss this –

 

BW Legal Reference:

Full Name:

First Line of Address:

Postcode:

Telephone Contact Number:

Vehicle Registration:

Vehicle Make or Model:

Parking Charge Number:

Street Name or Car Park:

Authorised Email address:

Confirmation you wish for us to correspond with you via this email address (Yes/No):

To which I responded with the following 

XX Is the claim reference everything should be on file from there, I am awaiting SAR file so this case needs to be put on hold

Le_Kirk

No, the case needs to be put on hold due to the Pre-action protocol for debt claims section 4.2.  Link below:-
https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf

SOTP34POD

Thank you, do I just send them paragraph 4.2 from that link?

do I need to send them any of the details they have requested?

sorry I am new to this

Redx

I would do the above regarding the 30 days hold due to seeking debt management advice

Give them the details except for these few

No phone number ( privacy )

No make and model ( irrelevant )

No Street name or car park ( irrelevant )


Make a new email address for non personal correspondence , like Gmail

Coupon-mad

Of course you send them sufficient detail to answer you. AND you tell them you are seeking debt advice.

That is what the NEWBIES thread section on LBC stage tells everyone.

Have you separately emailed a SAR to the DPO of the parking firm, also providing sufficient detail to identify yourself as the keeper of the car in question (V5C).

No idea how you managed to find that ancient response to an LBC.  Well out of date and not recommended in the NEWBIES thread at all.  BW Legal's LBC is compliant with the PAP so it makes no sense to say it isn't.

SOTP34POD

Further to this email

Name: Xx

Address: xx

Reg: Xx

 

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
(c) also confirm your correct 'address for service' if you've moved and the PPC has two addresses.

This is the response I have sent them, this is the first I have heard from them and it dates back to 25 June 2020

Redx

So not what I said then

You really are making this much harder than it should be