Received a debt letter from BW Legal that references a Letter Of Claim I didn’t receive

MaxPower11

Have read the Newbies thread but couldn’t find an analogous situation.

Received a debt letter from BW Legal dated around a month ago for an PCN charge at Gatwick Airport from NCP. The letter references a Letter of Claim they supposedly sent, which they claim was to expire a few weeks ago.

i have only got this now as it was sent to my old address. The person living there is 100% certain they did not receive any previous letters addressed to me, including any Letter of Claim.

unsure what the best approach is in terms of dealing with this, as most of the advice seems to relate to responding an PCN when received, dealing with Letters of Claim, or ignoring debt recovery letters, but I’m concerned the Letter of Claim does exist and I don’t want to have to go to court. Would rather pay £15 than go to court probably. 

Any advance appreciated.

JerryJ64

Think about why the letters were sent to an old address. Is your V5C logbook up to date? If there's any possibility of court action, you must write to the DPO of the parking firm and instruct them to rectify your address for service and for them to delete your old address. You  must also instruct them to tell their agents to do likewise.

It's probably way too late to plead with the scammers for them to only charge you £15. You are going to have to fight this in court.

MaxPower11

 JerryJ64 said:

Think about why the letters were sent to an old address. Is your V5C logbook up to date? If there's any possibility of court action, you must write to the DPO of the parking firm and instruct them to rectify your address for service and for them to delete your old address. You  must also instruct them to tell their agents to do likewise.

It's probably way too late to plead with the scammers for them to only charge you £15. You are going to have to fight this in court.

noted on addresses getting them updated.

However I really do not think I received the Letter of Claim or other letters. The person at the address has no reason to lie about it, swears the BW Legal letter (post supposed letter of claim) is the only one I’ve gotten. 

Should I just change the addresses and wait to see if an actual claim comes?

JerryJ64

MaxPower11 said:

Should I just change the addresses and wait to see if an actual claim comes?

You do not "just change the address". I highlighted some very important words that must be used when emailing the DPO. "instruct", "rectify" and "delete" are there for a reason.

Aside from expeditiously instructing the DPO to rectify your data, there is not much more you can do. It is not worth doing an SAR until after you receive a claim. Should they issue a claim, you will be in a better position to defend it as you will be responding to the deficient PoC these roboclaim shysters try on.

MaxPower11

JerryJ64 said:

MaxPower11 said:

Should I just change the addresses and wait to see if an actual claim comes?

You do not "just change the address". I highlighted some very important words that must be used when emailing the DPO. "instruct", "rectify" and "delete" are there for a reason.

Aside from expeditiously instructing the DPO to rectify your data, there is not much more you can do. 

There’s no need to be so condescending, I was just summarising the action, not regurgitating it.