BW Legal Letter of Claim - help please!

KeithP

Seeking debt advice looks like an eminently suitable reason for not paying an alleged debt. Don't you agree?

Coupon-mad

Wait till the 30 days is almost up that you are entitled to for seeking debt advice, then email them again telling them that you want to narrow the issues but don't have sufficient information.  The PAP for Debt Claims requires that a copy of the contract (the sign) is provided in a consumer contract allegation and you require a dated photo from that month/year, showing the t&cs.

Secondly, the IPC Code of Practice, in common with the entire parking industry, mandates a 'minimum ten minute' grace period.

It is not clear from any evidence seen that the vehicle remained parked after that period of grace (substantially, or at all), nor is it clear who took the photographs (not a name if course but was it a self ticketer using their own personal phone?) and it is averred that the IPC CoP allows bounties to be paid as part of incentivisation schemes.  Was the ticketer was so incentivised?  Was the ticketer trained in the IPC CoP and DPA 2018 and were they registered with the IPC, in the case of a self ticketer?

These are matters to which the Claimant will be put to strict proof, therefore under the PAP, these matters must be addressed now to shed light on the dispute and whether the parking operator has a reasonable cause of action, or not.
 
  

sesaide40

Coupon-mad said:

Wait till the 30 days is almost up that you are entitled to for seeking debt advice, then email them again telling them that you want to narrow the issues but don't have sufficient information.  The PAP for Debt Claims requires that a copy of the contract (the sign) is provided in a consumer contract allegation and you require a dated photo from that month/year, showing the t&cs.

Secondly, the IPC Code of Practice, in common with the entire parking industry, mandates a 'minimum ten minute' grace period.

It is not clear from any evidence seen that the vehicle remained parked after that period of grace (substantially, or at all), nor is it clear who took the photographs (not a name if course but was it a self ticketer using their own personal phone?) and it is averred that the IPC CoP allows bounties to be paid as part of incentivisation schemes.  Was the ticketer was so incentivised?  Was the ticketer trained in the IPC CoP and DPA 2018 and were they registered with the IPC, in the case of a self ticketer?

These are matters to which the Claimant will be put to strict proof, therefore under the PAP, these matters must be addressed now to shed light on the dispute and whether the parking operator has a reasonable cause of action, or not.
 
  

Thank you so much, trying to get to grips with this when you say 'Wait till the 30 days is almost up' is that the 30 days from when I had the letter of claim or should they be confirming it is on hold for a further 30 days?

Should I be going back to them (via email?) with these points before 20th oct (deadline on letter of claim)? Are these things e.g. sign etc that should come through with SAR info?

Thank you

sesaide40

KeithP said:

Seeking debt advice looks like an eminently suitable reason for not paying an alleged debt. Don't you agree?

Should they confirm they have received my email stating I am seeking advice? Just not sure of next steps now and what I should be expecting or take action on. Thank you

sesaide40

Hello us anyone to help the date on my letter before claim is tomorrow and not sure if the email to them to say I was seeking advice wanting on hold for 30 days is enough? Thanks so much 

Redx

Just do what coupon mad said above , err on the side of caution , so do what she said 28 days after your email to put on hold was sent , or 28 days after their confirmation of the 30 days notice to hold.

These are mere delaying tactics whilst you obtain plenty of information , so don't worry about it , it's no Biggie

The real work starts when a court claim pack from the CCBC in Northampton is issued

sesaide40

Redx said:

Just do what coupon mad said above , err on the side of caution , so do what she said 28 days after your email to put on hold was sent , or 28 days after their confirmation of the 30 days notice to hold.

These are mere delaying tactics whilst you obtain plenty of information , so don't worry about it , it's no Biggie

The real work starts when a court claim pack from the CCBC in Northampton is issued

Great thanks,  I've not had confirmation of the 30 days so I'll email again with what was recommended. Thank you

Coupon-mad

You won't get confirmation of 30 days, why would they?  Just do what I advised, to the letter.

sesaide40

Coupon-mad said:

You won't get confirmation of 30 days, why would they?  Just do what I advised, to the letter.

Ok thanks I'll send that this evening.

sesaide40

Coupon-mad said:

You won't get confirmation of 30 days, why would they?  Just do what I advised, to the letter.

I have emailed BW Legal thats right? Not the parking co?

Is it likely to go to court from this point?

Thanks so much for your help!