LOC from BW Legal - advice requested

nopcns

You seem to forget that you are dealing with a gutter dwelling firm of intellectually malnourished shysters. This not some firm of slick lawyers. It is nothing more than a roboclaim firm of failed wannabe lawyers who rely on the gullibility of the scam victims to fall into the trap of believing every bit of mendacious rubbish that comes from them.

As stated above, just wait for the inevitable claim form to arrive. The only fair hearing you'll get is from a truly independent arbiter... a judge. 

As they haven't answered the question about the VAT on the added debt recovery charges, you should make a complaint to HMRC that you suspect fraud by this company. It is very easy to do so and there is no comeback on you. Here is your starter for five:

https://www.gov.uk/report-tax-fraud#:~:text=Fill%20in%20the%20online%20form,to%20give%20your%20personal%20details.

jd576

Nellymoser said:

Since you didn't receive original PCN you may wish to support this.

So many people don't receive 1st and/or 2nd PCN but the £170 payment due letter often manages to drop through letter boxes.

I will support it. Honestly, had they not been so dishonest in claiming to send the first PCN when they didn't send it, I might even have decided to pay up to avoid the hassle factor of contesting it, even though I think they're on very shaky legal grounds in this case: the opportunity cost for me of the time involved in contesting it is quite high.

But their approach incensed me so much that I determined to fight it literally to the bitter end. I will do everything to win. I believe I have a sound case and my legal knowledge is vastly better than most given my day job (although admittedly, it's in a different domain that's not pertinent here). Should I lose in court I will gladly pay the amount in the knowledge that they are very unlikely to have profited from the affair. 

nopcns

At least you know that should you be so unlucky and lose in court, you would be paying less than the amount claimed. However, that is a remote possibility. You are much more likely to beat these scammers if you follow the advice you get on this forum together with your own knowledge and experience of dealing with the county court system.

Coupon-mad

The follow this up by explaining that the £60 represents the "nature and type of work undertaken by debt recovery agents" as it pertains to collection of the parking charge.

At no point do they reply to the question on VAT as it pertains to the debt recovery cost or supply the requested legal basis under which they are claiming this debt recovery cost beyond the assertion above.

@jd576 please now report BW Legal to HMRC. That was the reason for asking the VAT questions. This is a suspicion only - no firm is being accused of VAT fraud - but if the suspicion is correct (even for one of the usual suspect DRAs) it involves millions possibly owed to HMRC.

What to say is here:

https://forums.moneysavingexpert.com/discussion/comment/80689912/#Comment_80689912

The mud only has to stick to one of them.  Join me; I've reported my suspicions about one of the DRAs already myself.  HMRC won't tell them who reported them.  The more complaints the more likely it is that HMRC will hopefully start asking questions.

nopcns

I too have reported both DCB Legal and BW Legal. Anyone can report them. If HMRC get enough flags about this, they will start to take notice and actually investigate.

Apart from providing the necessary address and contact details of the company, all I added was what @Coupon-mad has put in the linked thread above, suitable edited so as to come from me:

They have failed to answer questions about VAT on a £100 Parking Charge Notice (PCN), where BW Legal have replied in an attempt to have me believe the £170 alleged debt is VAT exempt. I suspect them of not paying VAT on the £70 Debt Recovery Action (DRA) fee added on top of their client's £100 parking charge (which is VAT exempt).  DRA fees are certainly not exempt and  BW Legal Services Limited has collected multi-millions of £170 in the past 5 years or more. I suspect them of treating their extortionate £70 fee (per PCN) wrongly as if it's a parking charge.

JoeN1988

I might even have decided to pay up to avoid the hassle factor of contesting it, even though I think they're on very shaky legal grounds in this case: the opportunity cost for me of the time involved in contesting it is quite high.

Having recently completed my PPC Court claim journey, I totally understand how you feel. In terms of time spent (never mind stress) it would've made far more sense to pay early and forget about it.

It's almost like these predatory scammers have engineered it that way. Everyone who takes the easy way out is facilitating this racket.

By choosing the hard path and fighting them you're making yourself part of the solution. Congrats.

The team on here are phenomenal, most couldn't fight these companies without their help. Stick at it and you'll win. It's a great feeling. 

Harvez63

I wouldn't worry about BWL stalking the forum. I dont think they can operate a keyboard with their webbed fingers. In all seriousness, I wouldn't worry about them reading your thread, they will kindly make reference to this forum in their claim documents anyway, because it's a copy and paste document. They're not a proper legal firm who do research on cases, they churn out automatic letters and they succeed enough with their bullies and threatening letters, to not worry about the few who find the support they need on this forum. 

Please, please do not pay and support this scam. Once you've been through this process, hopefully you can help others. Even if just close friends. I was shocked to learn some of my friends said when I told them my story, that they said "they had to pay or I was going to get a CCJ". 

Dont view BWL as 'legal', they are fronting a scam. 

moralobligation7

Hi all, interesting thread. Have been following some time. 

In any case, I have had a recent response from BW Legal after sending multiple messages to clarify the VAT position. They clarified no VAT on the notice, but did not comment on the added fee itself.

moralobligation7

moralobligation7 said:

Hi all, interesting thread. Have been following some time. 

In any case, I have had a recent response from BW Legal after sending multiple messages to clarify the VAT position. They clarified no VAT on the notice, but did not comment on the added fee itself.

I wonder what the next step is then? As this is a letter before action. They have not yet been dissuaded. There is clear information in these threads referencing court cases, and also government comment on unlawful extortion.

JoeN1988

Wait and see if you get a Claim. If and when you do, follow the advice on this forum and read the Newbies thread a couple of times so you know what to expect.

If they do issue a claim you'll unfortunately have to do a bit of work defending it, but don't worry, you'll win. It will be easy with the help of the forum regulars.

If you don't recieve a Claim you must notify the parking company and their "legal team" of any change of address for the next 6 years, to prevent a claim being sent to any old address.