BW legal "Letter of claim"

advent2020

I've been receiving similar letters asking for details and so far I've ignored them. I'm clear I was parked on our own property and had permission from the land owner.

This letter talks about county court more and has some sample costs?

If this ends up in the county court surely the court would have to contact me so I can defend myself?

This letter say 10th May 2024.

Here's a section

Fees

Fruitcake

I take it you mean the 10th of April, not the 10th of May.

How to deal with a Letter of/before Claim and court claims can be found in the guide to court written by bargepole from the second post of the sticky Announcement for NEWBIES along with the template defence sticky Announcement that includes a twelve step guide.

What does your lease/AST/property ownership/rental agreement say about parking, permits, PCNs, PPCs, paying PPCs and court? What it doesn't say is just as important.

Plan A is always a complaint to the landowner/landlord/landholder and your MP, and it is never too late to do so.

If you are a leaseholder, was an application ever made to vary your lease in accordance with the Landlord and Tenant Act 1987, Part IV, Section 37?

advent2020

It says I have to respond by the 10th May.
Can I be taken to court and found guilty without my knowledge?

I've been to court before to prove that my residence was not connected to the claims and charges attached but I was informed by letter for a hearing date etc and what I needed to do.

nopcns

Please get out of your head that you can be four "guilty" of anything. This is not a criminal matter. It is a civil matter about an alleged debt that the scammers say you owe them. This is not Rumple of the Bailey court.

As advised above, go read the second post of the Newbies/FAQ thread to see what the next steps are.

advent2020 said:

It says I have to respond by the 10th May.
Can I be taken to court and found guilty without my knowledge?

Not unless the address that have for you is not your usual address. You will receive a claim form (N1SDT) and then follow the advice in the above mentioned thread. Easy peasy and you have a ready made fence template on the Template Defence thread. You only need to edit one paragraph.

KeithP

advent2020 said:

It says I have to respond by the 10th May.
Can I be taken to court and found guilty without my knowledge?

I've been to court before to prove that my residence was not connected to the claims and charges attached but I was informed by letter for a hearing date etc and what I needed to do.

Yes, you should respond to that letter. It is effectively a Letter of Claim and the second post in the NEWBIES thread explains exactly how to react to it.

You won't 'be taken to court without your knowledge'.
Once the Claimant has decided that court is the way forward, you will hear from HMCTS and have the opportunity to defend yourself.

Who are BW Legal acting for? I.e .which parking company?

advent2020

nopcns said:

Please get out of your head that you can be four "guilty" of anything. This is not a criminal matter. It is a civil matter about an alleged debt that the scammers say you owe them. This is not Rumple of the Bailey court.

As advised above, go read the second post of the Newbies/FAQ thread to see what the next steps are.

advent2020 said:

It says I have to respond by the 10th May.
Can I be taken to court and found guilty without my knowledge?

Not unless the address that have for you is not your usual address. You will receive a claim form (N1SDT) and then follow the advice in the above mentioned thread. Easy peasy and you have a ready made fence template on the Template Defence thread. You only need to edit one paragraph.

Where is the exact letter template?

Please can you post a link?

advent2020

Is this an exact form of words?

>I confirm that my address for service for the time being - assuming you don't faff about and delay any claim - is as follows, and any older address must be erased from your records:

Coupon-mad

advent2020 said:

Is this an exact form of words?

>I confirm that my address for service for the time being - assuming you don't faff about and delay any claim - is as follows, and any older address must be erased from your records:

Yes.  Deliberately written so they know you are on this forum.

  

advent2020

Sorry if I'm bing thick

It says don't post it. Do I add it to the N1SDT?

Dear Sirs,

Your Ref. ############
Proposed Legal Proceedings
Claimant: xxxxxx xxxxxxxx Ltd

I refer to your your letter of claim.

I confirm that my address for service for the time being - assuming you don't faff about and delay any claim - is as follows, and any older address must be erased from your records:
<My real correspondence address>

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

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".

Don't send me your usual blather 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

<name>

-cut

KeithP

advent2020 said:

Sorry if I'm bing thick

It says don't post it. Do I add it to the N1ST?

I don't know what 'add it to the N1ST' means.
Just send it by email.

Coupon-mad

You don't need to show is a template we provide in an Announcement thread.

I don't understand what you mean.  You don't have a claim form, do you?