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  • Chico_talent
    Chico_talent Posts: 70 Forumite
    Third Anniversary 10 Posts Name Dropper
    edited 16 March 2023 at 2:13PM
    You can request the information they intend to rely on in court. As this is a case where they claim the OP did not pay for the parking then the record of the PDT is something that is reasonable to request to better under stand your position prior to it going to court as you are entitled under the pre-action protocol for dept issues para 5.2.

    5 DISCLOSURE OF DOCUMENTS

    5.1 Early disclosure of documents and relevant information can help to clarify or resolve any issues in dispute. Where any aspect of the debt is disputed (including the amount, interest, charges, time for payment, or the creditor’s compliance with relevant statutes and regulations), the parties should exchange information and disclose documents sufficient to enable them to understand each other’s position.

    5.2 If the debtor requests a document or information, the creditor must –
    (a) provide the document or information; or
    (b) explain why the document or information is unavailable, within 30 days of receipt of the request.
  • B789
    B789 Posts: 3,441 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    As above. However, that is not provided in an SAR.
  • You're right that its not covered in an SAR, however it is not unreasonable for them to provide it. The pre-action protocol does state that they should follow the protocol before starting court proceedings and documents should be shared at the earliest stages.  

    Request the information you want from BW legal.  State that they are bound by the pre-action protocol for dept claims. Again, they will refuse to provide it. They will state that they will provide it in their evidence bundle should it proceed to court.  This is against the protocol.  Your are entitled to this information to better understand your position and at the very least to narrow the issues to save the courts time.  If they continue to refuse, raise it with the judge that they failed to provide you the information you are entitled to so you could fully understand your position and better prepare your defence prior to going to court.
  • Coupon-mad
    Coupon-mad Posts: 152,087 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 16 March 2023 at 3:49PM
    You took the words right out of my mouth, @Chico_talent

    Throw at BW Legal, S5 of the PAP!
    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
  • Kpros
    Kpros Posts: 83 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    edited 27 March 2023 at 8:46PM
    Hello all,

    Thank you so much for your help!

    I have emailed BW Legal twice  (once explaining that I had made the SAR and was seeking debt advice, and then again asking them to provide all info their client wished to rely on in court). They have ignored both emails, but have sent me the attached photo.

    They were made aware that I had made the SAR, and I believe they were duty bound to stop proceedings for 30 days? I'm unaware of the rules, but they have clearly not stuck to them.

    Should I report them to anybody, or send them another email? 

    Thanks again 


  • Coupon-mad
    Coupon-mad Posts: 152,087 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Looks like a template reminder, nothing more.
    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
  • Kpros
    Kpros Posts: 83 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    Hi all,

    I have received the below email from BW Legal.

    They failed to acknowledge my SAR, and continued to contact me. I responded via letter, had no response to that, but then received this, which at first I thought was a reply to my SAR and them confirming my case was on hold for 30 days, but now I'm not sure.

    I'm wondering whether I ignore this or respond? I'm guessing ignore it.

    Thanks for your help



  • Coupon-mad
    Coupon-mad Posts: 152,087 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 1 June 2023 at 1:44PM
    Why has a SAR been sent to a PPC's solicitor (if it was)? It doesn't go to them; only goes to the PPC.

    And please don't disappear if it goes quiet.

    Please come back here for the final Public Consultation (ON THE LEVEL OF PARKING CHARGES AND THE FAKE £70 ADD-ONS) in July if you want to help stop the scammers.

    REALLY IMPORTANT THAT LOTS OF VICTIMS RESPOND.

    Join us in this campaign in July!

    The accompanying DLUHC 'draft Impact Assessment' about the new Code of Practice will hopefully include some welcome damning phrases to quote at LBC stage and in defences.

    So you will want to read that anyway to help you with your case. Could be extremely useful.

    Together, we can stop the rotten parking industry from riding roughshod over the new statutory Code and the charge level caps intended last year, but blocked by the greedy moneymen.

    If you are not likely to pop back here every week to check, please set up email alerts for this forum and bookmark this thread (below) as we intend that one of us posts on it when the Government opens the Consultation:
    https://forums.moneysavingexpert.com/discussion/6333989/mse-parking-ticket-appeals-guide-feedback#latest

    Read only the latest (2022) posts there. The PPCs have blocked the new Code by filing for Judicial Reviews.

    Stopped the much welcomed parking code from February 2022, which stated that added £60 or £70 false 'DRA fee' extortion was to be banned and that parking levels would start at £50.  It's all on hold...

    Motorists urgently need the statutory Code reinstated and the ban on false 'DRA fees' confirmed, to stop the rot and the toxic litigation culture.

    This will be your chance to make a difference, plus other drivers you know (family, friends) who are also fed up with greedy and unscrupulous parking firms and the stranglehold they and their 'legals' have on people.

    Coming very soon....and it will be all over the forum for several weeks.  Don't miss it.

    Your only chance to change the law.

    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
  • Kpros
    Kpros Posts: 83 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    HCoupon-mad said:
    Why has a SAR been sent to a PPC's solicitor (if it was)? It doesn't go to them; only goes to the PPC.

    And please don't disappear if it goes quiet.

    Please come back here for the final Public Consultation (ON THE LEVEL OF PARKING CHARGES AND THE FAKE £70 ADD-ONS) in July if you want to help stop the scammers.

    REALLY IMPORTANT THAT LOTS OF VICTIMS RESPOND.

    Join us in this campaign in July!

    The accompanying DLUHC 'draft Impact Assessment' about the new Code of Practice will hopefully include some welcome damning phrases to quote at LBC stage and in defences.

    So you will want to read that anyway to help you with your case. Could be extremely useful.

    Together, we can stop the rotten parking industry from riding roughshod over the new statutory Code and the charge level caps intended last year, but blocked by the greedy moneymen.

    If you are not likely to pop back here every week to check, please set up email alerts for this forum and bookmark this thread (below) as we intend that one of us posts on it when the Government opens the Consultation:
    https://forums.moneysavingexpert.com/discussion/6333989/mse-parking-ticket-appeals-guide-feedback
    Read only the latest (2022) posts there. The PPCs have blocked the new Code by filing for Judicial Reviews.

    Stopped the much welcomed parking code from February 2022, which stated that added £60 or £70 false 'DRA fee' extortion was to be banned and that parking levels would start at £50.  It's all on hold...

    Motorists urgently need the statutory Code reinstated and the ban on false 'DRA fees' confirmed, to stop the rot and the toxic litigation culture.

    This will be your chance to make a difference, plus other drivers you know (family, friends) who are also fed up with greedy and unscrupulous parking firms and the stranglehold they and their 'legals' have on people.

    Coming very soon....and it will be all over the forum for several weeks.  Don't miss it.

    Your only chance to change the law.

    Hello, sorry no, it was sent to the PPS, and I then informed the solicitors of this and told them the file should be placed on hold for 30 days as per the advice/info, however I don't really understand this most recent email, and not sure whether to ignore this or to challenge them on it?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 1 June 2023 at 5:51PM
    So you asked BWL to put the matter on hold for thirty days while you sought debt advice.
    They replied giving you thirty days to comply with their earlier request - to fill in their finance forms, which you won't be doing.

    Ignore it and prepare yourself for a County Court Claim Form to drop through your letterbox when that thirty days is up.
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