BW Legal - around 10 PCNs - what to do next?

Grande228

Hello there, i would really appreciate if someone could tell me what to do in my case,

I was visiting a friend in 2021 near new development in west london, it was 20:43 and I parked my motorcycle near, where exactly I'd parked several times before, I was not aware of any parking scheme operating at that times as no one told me and especially considering it was a motorcycle, I thought it wasn't an issue, so I left the motorcycle there over night and I've received two parking fines following morning (?!)

There are following issues with that:
I was not a trespasser; rather, I was a visitor to someone who lives in that area.
There was no information about motorcycles on the sign, and if there had been, I would not have parked there (even in the strictest areas of central London, it is more explicit). Which, in my opinion, is a violation of the Consumer Rights Act of 2015.
Because I was unaware that the tickets had been issued (there was no ticket around the motorcycle at the time) and there was no attempt to notify me of this, it resulted in a violation of POFA 2012 and caused me to make a transacitonal decision that I would not have made otherwise.
During a 24-hour period, issuing two PCNs for the same parking spot

After that time i had been fined several times around the development, so to this day i have almsot 10 PCN's

Since then, I've was receiving several letters and threats to go to court if I don't pay 320 GBP(!!!) to BW Legal on behalf of their client Napier Parking.

Since then, last year i had I sent the SAR request to Napier Parking earlier contacted BW Legal to request that the case be put on hold because I am seeking debt advice and am unsure what to do next, tried to seek help with MPs but they've ignored me
After that i had CCJ on me issued around September last year, which i've paid near month time, since then i have lost track of the case and changed my address 3 times
I know letters are coming on the old address but i had not picked them up. I also remember reaching out to them with mail where i stated
"Therefore , i am asking for the claim to be put on hold due to seeking debt advice and obtaining SAR from your client." and they have replied asking me for personal details which i have ignored, im not sure if CCJ was for that ticket or not.

I have moved in a new place last year october and had two bikes at that time that i've been fined on - one of them is sold, and 2 weeks ago letter came from BW Legal saying that i owe them 480 pounds and Letter of claim is due to expire in mid July 2023, i have no clue how they have found my new address, i have sent SAR to DVLA with my reg plates and details to get more information.
I have also sent SAR request to napier parking to get details of PCNs, from this point onwards what should i do, i am not sure how many letters they have been sending previously as this is the one that was sent, probably one of many PCN's they have issued.
I dont want to give up but the magnitude of letters i am expecting is overwhelming, and was orignally thinking to reach out to BW Legal in order to solidify all the fines and work out some payment plan if they can offer me some discount just for sake of having peace of mind, or should i request all of the fines on my name and work things from there?

I would really appreciate your help!

(Image removed by Forum Team)

Grizebeck

"Reach out" we are not in the states......
They are not fines

Coupon-mad

Letter of claim is due to expire in mid July 2023, i have no clue how they have found my new address,

By using a Credit Ref Agency. A 'soft trace'.

That's a good thing, because if a court claim goes to an old address and you fail to defend it you'd get a CCJ.

So, to avoid that you DO NOT do this:

"thinking to reach out to BW Legal in order to solidify all the fines and work out some payment plan ".

Absolutely not.  Eeek no!

What you do is reply robustly:

Confirm your new address is correct for service of any claim but tell them the sum of money is exaggerated (the DLUHC Impact Assessment has exposed that fact last week) and the parking charges are disputed in full because you were a legitimate, authorised visitor, the signage was terrible and it was unclear or ambiguous where motorbikes could be parked.

Defending a court claim is easy and there's no risk, as long as you tell them and Napier to ERASE YOUR OLD ADDRESS and crack on with a court claim (if you want it to arrive sooner rather than later).

Depends on your summer plans really, this is no biggie but take charge!

Otherwise you can delay it over a month by replying as the second post of the NEWBIES thread tells you.  And getting a SAR from Napier.

This is all covered in the 2nd post of the NEWBIES thread but whichever style of response you choose to email to BW, you DO NOT OFFER MONEY and you MUST tell them and Napier to erase any old addresses held.

The fact you are thinking of paying and you are calling them 'fines' tells us you really need to slow down and read the 2nd post of the NEWBIES thread about pre-court and court stage.

My signature below tells you where the link back to page one is. Half a second to click there.

Grande228

Coupon-mad said:

Letter of claim is due to expire in mid July 2023, i have no clue how they have found my new address,

By using a Credit Ref Agency. A 'soft trace'.

That's a good thing, because if a court claim goes to an old address and you fail to defend it you'd get a CCJ.

So, to avoid that you DO NOT do this:

"thinking to reach out to BW Legal in order to solidify all the fines and work out some payment plan ".

Absolutely not.  Eeek no!

What you do is reply robustly:

Confirm your new address is correct for service of any claim but tell them the sum of money is exaggerated (the DLUHC Impact Assessment has exposed that fact last week) and the parking charges are disputed in full because you were a legitimate, authorised visitor, the signage was terrible and it was unclear or ambiguous where motorbikes could be parked.

Defending a court claim is easy and there's no risk, as long as you tell them and Napier to ERASE YOUR OLD ADDRESS and crack on with a court claim (if you want it to arrive sooner rather than later).

Depends on your summer plans really, this is no biggie but take charge!

Otherwise you can delay it over a month by replying as the second post of the NEWBIES thread tells you.  And getting a SAR from Napier.

This is all covered in the 2nd post of the NEWBIES thread but whichever style of response you choose to email to BW, you DO NOT OFFER MONEY and you MUST tell them and Napier to erase any old addresses held.

The fact you are thinking of paying and you are calling them 'fines' tells us you really need to slow down and read the 2nd post of the NEWBIES thread about pre-court and court stage.

My signature below tells you where the link back to page one is. Half a second to click there.

Thank you very much for your reply, what exactly is being done when I'm telling them to update the address ? Will this stop them suing me in court?

I have sent SAR request to Napier, and will be sending mail to bw legal like you've said

What do you mean by saying that parking charges are disputed in full?

Also the reply to them will mention that it's response to all of the fines they've fined me or specific one ? (Meaning that I have to go one by one )

KeithP

Grande228 said:

Thank you very much for your reply, what exactly is being done when I'm telling them to update the address ? Will this stop them suing me in court?

No it won't.

What it will do is ensure they use your current address which in turn will give you the opportunity to defend yourself against any court claim.

If they file a claim at another address, then you will know nothing about it, will not be able to defend yourself and find yourself with a Default Judgment against you. That will take some unravelling.

1505grandad

You have been advised twice that they are not "fines"  -  they are speculative invoices. That word will not be used in any of their correspondence.

Trainerman

After that i had CCJ on me issued around September last year, which i've paid near month time, since then i have lost track of the case and changed my address 3 times

Is this accurate? Have you paid an actual CCJ, and if so was it for the same place/same details?

If it was a CCJ, have you paid it in time to get it removed from the register?

Grande228

Trainerman said:

After that i had CCJ on me issued around September last year, which i've paid near month time, since then i have lost track of the case and changed my address 3 times

Is this accurate? Have you paid an actual CCJ, and if so was it for the same place/same details?

If it was a CCJ, have you paid it in time to get it removed from the register?

Im not sure which PCN was that for but yes ive paid CCJ last year and paid it on time to get it removed...

Coupon-mad

Please re-read my earlier reply, which gave you a clear choice of EITHER an early claim OR putting it off over a month, depending on your Summer plans and how you respond to the 'legals'.

Pretty sure my post was very clear but tell us if not.

What do you mean by saying that parking charges are disputed in full?

I don't understand your question.

Grande228

Hello there, i just have received court letter from BW that came in old address for 2 pcns, and it came after I had sent them  SAR request mail and parking ticket dispute also stating that i do not live in that address anymore, since then they have ignored me and i reckon they just sent that claim letter, what to do in that case?

 I have less than 2 weeks to respond

KeithP

What is the Issue Date on that County Court Claim Form?