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Smart Parking Ltd/ bwlegal

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24

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  • Milliered
    Milliered Posts: 109 Forumite
    100 Posts First Anniversary
    Hi Umkomaas
    I am obviously only just becoming aware as to how it all works and how the scumbags operate. First ever parking ticket.
    I have gone back through the newbies thread as has been suggested by the previous very helpful folk.
    One question I am still confused about though,and I'm sorry if I have already been pointed in the wrong direction.
    The LBC I received from CST Law was in April and I never responded within the 30 days.
    Should I still be requesting a SAR?
    Or would that ignite their interest again?
    Just want to be ready for their next step IF it happens.
    Very comforting to know you folks are there!!
    If I understand correctly from Coupon-mad,  I just leave it now unless I get the next stage which is where the defence template comes in to play?
    Or do I still request the SAR?
    I am really sorry about all the questions to you folks,I will try not to ask anymore.
    Many thanks
  • Umkomaas
    Umkomaas Posts: 43,373 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Get the SAR if things progress further. For now, let sleeping dogs lie. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Milliered
    Milliered Posts: 109 Forumite
    100 Posts First Anniversary
    Ok,thank you.
    Here's hoping with fingers crossed.
  • Grizebeck
    Grizebeck Posts: 3,967 Forumite
    1,000 Posts Second Anniversary Name Dropper Photogenic
    Jeez 
    It's smart parking just get on with your life
  • Milliered
    Milliered Posts: 109 Forumite
    100 Posts First Anniversary
    Hi all.
    The time has come after 2 years plus that I have received a second Letter of Claim,this time from bwlegal. The previous one back in 2022 was from CST
    However,I missed the 30 day deadline for that one and it just seemed to get forgotten about.
    Is it strange to get LoC from two different sets of solicitors for the same parking scammers over two years apart? Or just a case that they have changed solicitors
    If I was to just ignore it again,would there be any particular negative consequences or not really make any difference to the final outcome?
    I have recently gone through all this and won against VCS ,although very different circumstances that they couldn't defend.(Due to the fantastic advice and help from various kind folk on here)
    I know about sending the LoC back via email and to ask for the extra 30 days for debt advice. The 30 days is up this Sat 19th. 
    I was advised previously to just wait till the LoC and then maybe request the SAR. Would this still be the way to go?
    Sorry for all the questions!
    Many thanks

  • Milliered
    Milliered Posts: 109 Forumite
    100 Posts First Anniversary
    Would this be a suitable reply via email to bwlegal?

    Dear Sirs
    Your Ref#####
    Proposed Legal Proceedings 
    Claimant Smart Parking (client Ref ###)

    I refer to your letter of claim.
    I confirm that my address for service for the time being-assuming that you don't mess about and delay any claim-is as follows,and any older address must be erased from your records
    ##########$$

    The alleged debt is disputed and court proceedings will be vigorously defended.

    The alleged parking infringement was due to extreme mitigating circumstances that I found myself to be in. Firstly ,I suffered a punctured tyre and whilst looking for somewhere to change the wheel,my young son,10 years old,started to choke on his own vomit as he was very poorly at the time. I panicked and just pulled into the first place I could to deal with the stressful situation my wife and I found ourselves in. I didn't even notice that it was a pay carpark and left as soon as our son was safe and cleaned up and I had changed the wheel.
    At no point did I notice any prominent signage for the short time I was there.

    I am sourcing and seeking independent debt advice and as such,I formally request that this matter be put on hold for an additional  30 days in accordance with the Pre Action Protocol for Debt Claims 2017(the PAP).
    I note that the amount being claimed has increased by a hugely exaggerated amount which the Government called" extorting money from motorists ".
    Please do not send your usual lather about that.

    I have two questions, and under the PAP I am entitled to specific answers:

     1 . Am I to understand that the additional £70 represents what you lot dress up as a ' Debt Recovery ' fee, and if so,is this nett or inclusive of VAT? If the latter,would you kindly explain why I am being asked to pay the operator's VAT?

     2 . With regard to the principal alleged PCN sum:is this damages,or will it be pleaded as consideration for parking?

     Yours faithfully ########

    Would it be worth mentioning that I recently obtained a notice of discontinuance from VCS to show that I am quite happy to take it all the way or is that just a fanciful notion??
  • Gr1pr
    Gr1pr Posts: 8,421 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    edited 16 April at 5:22PM
    Personally,  I wouldn't add the descriptive stories,  stick to emailing the LoC response template to the lawyers,   B W Legal 
  • Umkomaas
    Umkomaas Posts: 43,373 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Would it be worth mentioning that I recently obtained a notice of discontinuance from VCS to show that I am quite happy to take it all the way or is that just a fanciful notion?? 
    It won't have any impact. Irrelevant to them. Don't bother. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 151,971 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 16 April at 5:27PM
    Thirded. Nothing about mitigation.
    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
  • Milliered
    Milliered Posts: 109 Forumite
    100 Posts First Anniversary
    Hi both
    Thanks for the quick response,appreciated.
    Ok,will take all that out and just send the basic template.
    Many thanks
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