BW Legal threatening Letter of Claim

AnxiousPotato3

 Last month I received a letter from BW Legal claiming I had a parking ticket at East Kilbride shopping centre from Britannia Parking. It said I had to pay them £145 and said they had sent previous letters. If not paid by 30th November they would proceed by letter of claim. I ignored this as I have NEVER received any parking ticket as I would have just paid it immediately or any previous letters and searching them online it seemed like a scam company and  was advised to just ignore them. However today I received another letter saying I not paid by 13th of December they would proceed via County Court. I am incredibly worried and stressed and don't know how to proceed. 

KeithP

Hello and welcome.

I notice that the car park is in Scotland.
Are you resident in Scotland?

Umkomaas

However today I received another letter saying I not paid by 13th of December they would proceed via County Court. I am incredibly worried and stressed and don't know how to proceed. 

There's no 'County Court' in Scotland. Ignore it, nothing to worry or stress about.

AnxiousPotato3

KeithP said:

Hello and welcome.

I notice that the car park is in Scotland.
Are you resident in Scotland?

Hi there,  Yes sorry didn't think to put that in, I reside in Scotland.

D_P_Dance

 It said I had to pay them £145 

They have added what appears to be an extra unlawful amount for debt collection. This amounts to double recovery and some Judges have dismissed an entire claim because of this. Read this and complain to your MP.

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/16qovzulab1szem/G4QZ465V%20Excel%20v%20Wilkinson.pdf?dl=0

However, a VCS appealed this so it may not apply in all cases, read this

https://www.dropbox.com/s/ntksx9g7177ahyg/VCS v Percy v1 Amendments (2).pdf?dl=0Also read this

https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1

Also consider complaining to The SRA about the solicitor. They are full aware of the unlawful nature of this addition yet persist in adding it.

https://www.sra.org.uk/consumers/problems/

Coupon-mad

AnxiousPotato3 said:

KeithP said:

Hello and welcome.

I notice that the car park is in Scotland.
Are you resident in Scotland?

Hi there,  Yes sorry didn't think to put that in, I reside in Scotland.

1.  I love your username so much I just interrupted my daughter who is working from home, so we could both have a giggle!  Visions of what an an anxious potato might look like and we wondered why you are number 3; are there two other anxious potatoes in your family?

2.  I answered this yesterday, nothing will happen but read this as things will change in 2022:

https://forums.moneysavingexpert.com/discussion/comment/78794709#Comment_78794709

AnxiousPotato3

1.  I love your username so much I just interrupted my daughter who is working from home, so we could both have a giggle!  Visions of what an an anxious potato might look like and we wondered why you are number 3; are there two other anxious potatoes in your family?

Thank you! Being 3rd made me feel more noble. Like a dynasty of anxious potato brains.