BW Legal Letter of Claim - help please!

Coupon-mad

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.
 
  

If you have done the above then there isn't anything else you need to do, apart from emailing BW Legal once the 30 days old is nearly up and requiring them to 'prove the debt', given you said:

I've received a letter of claim from BW legal for overstaying the 2 hour period (at an Nforce managed car park) which i paid for a ticket for.

I appealed and lost. The company has a photo of my car parked 10 minutes over - they have confirmed there is a ten min grace period so to me the evidence doesn't show I was there any longer than this....advice welcome on this.

So far I have written to the landowner - no response

You've done everything right.

sesaide40

Coupon-mad said:

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.
 
  

If you have done the above then there isn't anything else you need to do, apart from emailing BW Legal once the 30 days old is nearly up and requiring them to 'prove the debt', given you said:

I've received a letter of claim from BW legal for overstaying the 2 hour period (at an Nforce managed car park) which i paid for a ticket for.

I appealed and lost. The company has a photo of my car parked 10 minutes over - they have confirmed there is a ten min grace period so to me the evidence doesn't show I was there any longer than this....advice welcome on this.

So far I have written to the landowner - no response

You've done everything right.

Thanks, yes I'd emailed those points, they came back with photos ad a reply that I posted. By prove the debt, you mean their debt by the overstay? Thank you 

Coupon-mad

Yes.  Challenge them to prove there was a breach, by stating that the photos show no more than 10 minutes overstay.

sesaide40

Thanks yes I did in my email so just waiting now I guess. Is it likely to go to court? I don't think they'd get far but if I did lose what sort of fine would I be looking at you think? 

KeithP

sesaide40 said:

Is it likely to go to court?

Do you play poker?

sesaide40 said:

I don't think they'd get far but if I did lose what sort of fine would I be looking at you think? 

Firstly... there is no fine involved here.

Secondly... are you planning on losing?

If you were to lose then the likely cost to you would be around £200. That's less than what they will be claiming.

Coupon-mad

No, I am not saying to wait.  I am saying go again with the phrases I used.

sesaide40

Hello helpers, I've had 2 bits of correspondence from BW legal I wondered if you can help with firstly, in response to me asking again for evidence the car was parked over ten min grace period they've asked for my details for data protection - this can be the v5c again yes?

secondly I received a letter in the post saying 'we previously requested further info regarding your personal circumstances which you had made us aware of.' and 'we have not received a response to our previous correspondence or your completed income form and expenditure form' - within 14 days to send that back. Do I need to? what's best? any advice greatly appreciated. Thank you

Coupon-mad

NEVER fill in the income and expenditure form.  This pre-action protocol is inappropriate and intrusive, treating people with a genuine dispute as 'debtors'.

Awful.  Longer term, I sincerely hope the Government address this once parking firms are regulated from next year.

sesaide40

Coupon-mad said:

NEVER fill in the income and expenditure form.  This pre-action protocol is inappropriate and intrusive, treating people with a genuine dispute as 'debtors'.

Awful.  Longer term, I sincerely hope the Government address this once parking firms are regulated from next year.

Thank you, do I need to do anything instead within the 14 days? And re my first point, respond with vc5? Thank you 

Redx

sesaide40 said:

Coupon-mad said:

NEVER fill in the income and expenditure form.  This pre-action protocol is inappropriate and intrusive, treating people with a genuine dispute as 'debtors'.

Awful.  Longer term, I sincerely hope the Government address this once parking firms are regulated from next year.

Thank you,

1) do I need to do anything instead within the 14 days?

2) And re my first point, respond with vc5? Thank you 

1) No

2) Yes , plus copies of 2 recent redacted utility bills as proof of I D under the GDPR law , but not photo I D , not driving licence , not passport , not birth certificate , not date of birth , not phone number either , too intrusive !

Definitely do not fill in the financial forms , just because they are asking , doesn't mean that you must !! You don't have to reply at all , but you should do and say what Coupon mad said to do above. Do not dance to their tune , they are the enemy , not your friend