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Bw legal NCP

168101112

Comments

  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 29 September 2021 at 9:48AM
    Your witness evidence is compelling and in support of your defence and you have a passenger who can also confirm the position.  You can't be expected to evidence a negative - machines covered up.  But you can provide WS about it.

    You and your passenger are the only true witnesses, that carries weight in court.

    There is nothing to be gained by giving up. You don't just pay, when they have added a false sum that most Judges disallow.  What stage are you at, remind us, it is a long thread!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The false sum mentioned above is summarised below, have you read it?


    Excel v Wilkinson


    At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.
    https://www.dropbox.com/s/16qov


    You never know how far you can go until you go too far.
  • I had a letter of claim in July, this was the first point of contact, I got this delayed for 30 days, to which now I have heard back which is the email a few post back,

    bw legal said they would send evidence in the post this hasn’t happened, Although they have sent via email,

    I can easily get a witness statement from the passenger(wife)


    I still haven’t responded back to the latest email from bw legal
  • Le_Kirk
    Le_Kirk Posts: 25,199 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If you haven't sent it yet, you could remove "Hi" and start a formal document with "Dear Sir" especially as you have taken the trouble to finish it correctly with "yours faithfully".
  • Do I add in to the reply that I have a witness statement or do I leave that out for now and save that until court as I am sure this is where this claim will end up 
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 30 September 2021 at 10:45AM
    Say you will have the passenger as a second witness to events, should this proceed to court.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Thanks for the help, I will send of them email now and see if I get a response from them, again thanks for the help so far it’s greatly appreciated 
  • Hi, today I have received a letter of claim from bw legal regarding this from 2020 it’s been nearly 12 month since I have heard from them, 

    It’s been that long I can’t remember what I need to do now, 

    M the letter is attached 
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 3 September 2022 at 4:58PM
    SOTP34POD said:
    Hi, today I have received a letter of claim from bw legal regarding this from 2020 it’s been nearly 12 month since I have heard from them, 

    It’s been that long I can’t remember what I need to do now, 

    Fortunately, you don't need to remember what to do, nor do you need to ask here on what to do.

    Just go back to the beginning of this thread - your thread - and you will soon realise that you started this thread because you received a Letter of Claim.

    Re-read the whole of this thread and repeat what you did last time - but incorporating all that you learnt last time.
  • Ok so I just send back the appendix letter enclosed,

    section 1
    tick box d, I dispute the debt, 

    Section 2 irrelevant as I don’t intend to pay,

    section 3
    box g I am getting or intend to get debt advice,

    section 4
    box i, I need more information?
     

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