Bwlegal - Letter of Claim

vnmofo

I have read the #NEWBIES sticky and would just like to check that I am taking the correct action before proceeding.

I received a PCN from Country Wide Parking in 2021 and most recently a Letter of Claim from BWlegal dated XX (late) May 2023 for 160 pounds. I have ignored all letters up to this point as i honestly thought it was a scam but this last letter looked very genuine.

The Letter of Claim says that failure to contact us before the xxth (late) June 2023 would result in your case proceeding to our litigation process where a County Court Claim may be issued without further notice.

What you need to do now: Payment of 160 or your reasons for non-payment are required by 29th June to avoid above legal action ( Debt 160, Estimated interest 21.15, Estimate Court Fees 35, Solicitor 50 = 266 total)

Particulars of debt - on the 0X October 2021, you were granted a limited contractual license to enter the land known as *** Retail Park postcode*** which is managed and operated by our client. In return, you were to abide by certain terms and conditions which were prominently displayed on the signage erected in situ by our client. You breached the terms and conditions - reason: Overstayed Free Parking Limit. The Breach resulted in our client issuing a PCN on 0X/10/2021 which despite our clients attempts to engage with you and agree a suitable payment arrangement, remains unpaid.

In the appeal to the original PCN I wrote - 'the Driver stayed in the car park for under 3 hours, and was a member of pure gym and signed into the kiosk, and took a picture which states 3 hours parking free. He spoke to the manager and also emailed the data request team asking for evidence that he signed in on the screen which they refused to give him as 'other members were also captured on screen''. However they did send his details of the attendance log which states he was in there for under 3 hours. They even stated that they would appreciate if the ticket could be rescinded due to this reason' - it got rejected.

1) I have emailed the data protection officer for a SAR and also told BWLEGAL that I have done this too. I also called them to confirm if they have evidence for this fine, and they stalled and said they would get back to me, advisor says he case will be put on hold.

2) The letter states that I should fill in and return the form within 30 days - BOX A - I AGREE TO THE DEBT, B - I OWE SOME OF THE DEBT, C - I DON'T KNOW WHETHER I OWE THE DEBT, D - I DISPUTE THE DEBT - should I tick box D as I do not want to pay them?

I have read the newbies many times and it says to go online and do an AOS but this seems confusing as that is for online claims and surely there should be a paper version of doing it as I have checked the government website and it says you should download a template and send it back to them? The confusion lies on whether I should tick box D and give them reasons fr non-payment or respond to them a different way. The other thing is there is no clear address on where to send it back to and no envelope for free posting so surely something is not right.

3) INCOME AND EXPENDITURE FORM - I know not to fill this in

Thank you for taking the time to read this awful case. I have read so many posts the past few days my brain has gone fuzzy but I have to resort to help now as I am stuck on what to do, I will write to the MP next and then find out who the land owner is and also start on the defense by going there and taking pictures.

KeithP

Hello and welcome.

I don't recognise this as part of a Letter of Claim...

2) The letter states that I should fill in and return the form within 30 days - BOX A - I AGREE TO THE DEBT, B - I OWE SOME OF THE DEBT, C - I DON'T KNOW WHETHER I OWE THE DEBT, D - I DISPUTE THE DEBT - should I tick box D as I do not want to pay them?

You should not be answering those questions.

It clearly says in the second post of the NEWBIES thread...

That aside, if you have not yet received a County Court Claim Form, then those questions are irrelevant.
Also, logic dictates that you cannot complete an Acknowledgment of Service of a Claim if you have not yet received a Claim.
Have you received a County Court Claim Form?

Respond to the Letter of Claim as described in the first few paragraphs of the second post of the NEWBIES thread. That's all you need to do right now.

Coupon-mad

And don't phone BW Legal.

We'd say they don't have 'advisors' in the sense that you or I would describe any normal firm with a consumer service ethic.

These are bulk litigators.  A conveyor belt to court.  No speaking to that lot again.

Any luck with PLAN A - landowner complaint?  Never too late to try, at pre-action stage.

Where was this location?  Most Retail Parks are fairly easy to get the contact details of the Managing Agents online, or on the entrance welcome plinth.

Was there a reason for the overstay?  Disabled or elderly/slower passenger? Family/baby? Delayed somehow? Just shopped in several stores and had a bite to eat?  Get ANGRY about this and make an urgent complaint to the Retail Park contact.

vnmofo

KeithP said:

Hello and welcome.

I don't recognise this as part of a Letter of Claim...

2) The letter states that I should fill in and return the form within 30 days - BOX A - I AGREE TO THE DEBT, B - I OWE SOME OF THE DEBT, C - I DON'T KNOW WHETHER I OWE THE DEBT, D - I DISPUTE THE DEBT - should I tick box D as I do not want to pay them?

You should not be answering those questions.

It clearly says in the second post of the NEWBIES thread...

That aside, if you have not yet received a County Court Claim Form, then those questions are irrelevant.
Also, logic dictates that you cannot complete an Acknowledgment of Service of a Claim if you have not yet received a Claim.
Have you received a County Court Claim Form?

Respond to the Letter of Claim as described in the first few paragraphs of the second post of the NEWBIES thread. That's all you need to do right now.

Hello Keith. Ok thank you for clarifying that, I am very glad I did not fill the form in and respond.

What does a County court claim form look like? It sounds official, I do not believe I have got this but would it be ok to send you the BW legal letter I received to confirm?

KeithP said:

Hello and welcome.

I don't recognise this as part of a Letter of Claim...

2) The letter states that I should fill in and return the form within 30 days - BOX A - I AGREE TO THE DEBT, B - I OWE SOME OF THE DEBT, C - I DON'T KNOW WHETHER I OWE THE DEBT, D - I DISPUTE THE DEBT - should I tick box D as I do not want to pay them?

You should not be answering those questions.

It clearly says in the second post of the NEWBIES thread...

That aside, if you have not yet received a County Court Claim Form, then those questions are irrelevant.
Also, logic dictates that you cannot complete an Acknowledgment of Service of a Claim if you have not yet received a Claim.
Have you received a County Court Claim Form?

Respond to the Letter of Claim as described in the first few paragraphs of the second post of the NEWBIES thread. That's all you need to do right now.

KeithP

vnmofo said:

What does a County court claim form look like? It sounds official, I do not believe I have got this but would it be ok to send you the BW legal letter I received to confirm?

BW Legal will not have sent you a Claim Form.
A Claim Form will come directly from HMCTS.

Google County Court Claim Form to see what one looks like.

Coupon-mad

Easy to find one in Google images.

vnmofo

KeithP said:

vnmofo said:

What does a County court claim form look like? It sounds official, I do not believe I have got this but would it be ok to send you the BW legal letter I received to confirm?

BW Legal will not have sent you a Claim Form.
A Claim Form will come directly from HMCTS.

Google County Court Claim Form to see what one looks like.

Ok thanks so much, is it ok to now tear up this garbage bit of paper now (letter of claim) sent from BW legal?

1505grandad

Per newbies thread:-

"Debt Collectors letters or threats of court? Thinking you may be too late to appeal?

KEEP ALL THE LETTERS IN CASE IT BECOMES HARASSMENT, OR IN CASE THE PPC EVER TRY A SMALL CLAIM."

vnmofo

1505grandad said:

Per newbies thread:-

"Debt Collectors letters or threats of court? Thinking you may be too late to appeal?

KEEP ALL THE LETTERS IN CASE IT BECOMES HARASSMENT, OR IN CASE THE PPC EVER TRY A SMALL CLAIM."

Ok thanks I'll keep them all from now and also take photos of them

vnmofo

Coupon-mad said:

And don't phone BW Legal.

We'd say they don't have 'advisors' in the sense that you or I would describe any normal firm with a consumer service ethic.

These are bulk litigators.  A conveyor belt to court.  No speaking to that lot again.

Any luck with PLAN A - landowner complaint?  Never too late to try, at pre-action stage.

Where was this location?  Most Retail Parks are fairly easy to get the contact details of the Managing Agents online, or on the entrance welcome plinth.

Was there a reason for the overstay?  Disabled or elderly/slower passenger? Family/baby? Delayed somehow? Just shopped in several stores and had a bite to eat?  Get ANGRY about this and make an urgent complaint to the Retail Park contact.

Hi there,

Ok he seemed fine on the phone, but I will not call them again.

The location was in a Retail park comprised of a new Marks and Spencer store, pure gym and pets at home. I will go there and find out at the entrance next week. Does it have to be urgent or do i still have time? Can I get angry by calling them up and shouting over the phone?

The reason for overstay was I was a member of the gym and was allowed to park for 3 hours if I signed into the kiosk

Kind regards 🙏

vnmofo

vnmofo said:

KeithP said:

Hello and welcome.

I don't recognise this as part of a Letter of Claim...

2) The letter states that I should fill in and return the form within 30 days - BOX A - I AGREE TO THE DEBT, B - I OWE SOME OF THE DEBT, C - I DON'T KNOW WHETHER I OWE THE DEBT, D - I DISPUTE THE DEBT - should I tick box D as I do not want to pay them?

You should not be answering those questions.

It clearly says in the second post of the NEWBIES thread...

That aside, if you have not yet received a County Court Claim Form, then those questions are irrelevant.
Also, logic dictates that you cannot complete an Acknowledgment of Service of a Claim if you have not yet received a Claim.
Have you received a County Court Claim Form?

Respond to the Letter of Claim as described in the first few paragraphs of the second post of the NEWBIES thread. That's all you need to do right now.

Hello Keith. Ok thank you for clarifying that, I am very glad I did not fill the form in and respond.

What does a County court claim form look like? It sounds official, I do not believe I have got this but would it be ok to send you the BW legal letter I received to confirm?

KeithP said:

Hello and welcome.

I don't recognise this as part of a Letter of Claim...

2) The letter states that I should fill in and return the form within 30 days - BOX A - I AGREE TO THE DEBT, B - I OWE SOME OF THE DEBT, C - I DON'T KNOW WHETHER I OWE THE DEBT, D - I DISPUTE THE DEBT - should I tick box D as I do not want to pay them?

You should not be answering those questions.

It clearly says in the second post of the NEWBIES thread...

That aside, if you have not yet received a County Court Claim Form, then those questions are irrelevant.
Also, logic dictates that you cannot complete an Acknowledgment of Service of a Claim if you have not yet received a Claim.
Have you received a County Court Claim Form?

Respond to the Letter of Claim as described in the first few paragraphs of the second post of the NEWBIES thread. That's all you need to do right now.

UPDATE: Ok I've found out the owner by googling the car park.

It's owned by

Derbyshire County Council Fund, then it states a name and his contact details.

I've tried calling no response, I've texted him, left VM and emailed too