Bw legal NCP

Le_Kirk

SOTP34POD said:

I have drafted this email to send over to bwlegal

Good afternoon,

Thank you for placing the account on hold, I am  requesting under the pre-action protocol for debts and claims, the following information: images of the signs and machines in place that day

The machine logs (VRMs redacted) to show whether it was taking payments at that time.

I would appreciate if these could be sent to me ASAP

Kind regards

Auntie Google provided this for me: -

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf

Always start formal letters with "Dear Sir" and finish with "yours faithfully".  Note the use of capitals and lower case.  I would not give someone who is trying to take money off me, any sort of regards, never mind kind ones!

SOTP34POD

So I need to state that I am asking for it because the machines were covered over?

Coupon-mad

I told you what to put...

SOTP34POD

Coupon-mad said:

No, because they have enhanced the PCN by £60 or £70 for no reason so you wouldn’t be wanting to pay that. 

You would get photos of car park and signs in their evidence bundle before a hearing.  However, I am telling you that the fact your Council said all their car parks were free never affected private pay and display car parks, of course not.  So that is not a defence at all. 

The fact (if true) that all machines were covered is a potential defence so you could email BW Legal now and state that you require, under the pre-action protocol for debt claims, images of the signs and machines in place that day and the machine logs (VRMs redacted) to show whether it was taking payments at that time. Your position is that the machines were covered and not taking payments and you want to narrow the issues now, to avoid court.

This is the message you are referring to? I copied out the section I thought was relevant?

Coupon-mad

This is where your draft stopped short (I just changed 'you' to 'I' here):

My position is that the machines were covered and not taking payments and I want to narrow the issues now, to avoid court.

That sends them the message as well that you want to avoid court.  That opens a later door for an offer if they are able to show the machines or phone app was accepting payments.

SOTP34POD

Ah right ok thank you that’s where i got confused, completely new to this 

SOTP34POD

This is my draft now 

Dear Sirs

Thank you for placing the account on hold, I am  requesting under the PRE-ACTION PROTOCOL FOR DEBT CLAIMS, the following information: Images of the signs and machines in place that day.

The machine logs (VRMs redacted) to show whether it was taking payments at that time.

My position is that the machines were covered and not taking payments and I want to narrow the issues now, to avoid court.

I would appreciate if these could be sent to me ASAP

Yours Faithfully 

Coupon-mad

Not ASAP.  Give them a timeline - 14 days is fair. 

And give these separate lines and a number, so they can't miss a point:

1.  Images of the signs and machines in place that day.

2.  The machine logs (VRMs redacted) to show whether it was taking payments at that time.

SOTP34POD

Thanks for the help, I have now sent it of, really appreciate the help, I will await there reply now and update in due course 

SOTP34POD

I have had a reply from my friends at bwlegal, they have attached photos of the car park signs now which seem to be from all different days don’t know if that matters?
I have attached the response they sent back from my email