SAR Refused - BW Legal / Link Parking Ltd.

YoungOrange

Hi all!

Thank you so much for your advice and time to help fight these claims. I've been a lurking figure and taken on so much from past threads, but have found myself up against a barrier and unsure where to go.

I received the following from BW Legal having been issued with a PCN in February 2024, and would be grateful of advice or insight in how to challenge this.

Thank you for contacting us, please find our response below:

Please note your file is currently going through collections process and will continue to do so. 

We note your internet based queries.  Please provide evidence that this PCN was issued in a deprived area.  The claim is for breach of contract and it is irrelevant where it was issues.  Yo9u parked in the car park in breach of the Terms and Conditions and were liable for the PCN.  This is a simple claim.

Debt recovery costs are contractually agreed by the motorist when visiting the car park.  They only apply when the opportunity to pay the parking charge has expired and the parking company has been forced to commence debt recovery activities.  Such contractual costs are recognised by the courts as covering debt recovery activity between the expiry of the parking charge notice and the commencement of litigation, including pre-litigation correspondence. 

The fees we charge our clients for our services are subject to VAT.  However, these are separate and distinct from contractual debt recovery costs recoverable by our client from the motorist.

We shall not be providing the landowner authority unless asked to do so by the court. 

Making a SAR to our client does not require our file to be put on hold.

Please contact our offices to arrange payment.    

If you have any further issues or new questions that you would like us to assist you with, we kindly request that you use the contact options below to submit a new query.

Coupon-mad

Yep, so now report BW Legal to HMRC.

To see how to do that, search for:

BW Legal VAT concerns our costs HMRC

YoungOrange

Coupon-mad said:

Yep, so now report BW Legal to HMRC.

To see how to do that, search for:

BW Legal VAT concerns our costs HMRC

Thank you @Coupon-mad. Just so I'm sure, report to HMRC and not reply to BW Legal?

Coupon-mad

Yes.         

YoungOrange

Coupon-mad said:

Yes.         

Thank you. I have also received my SAR. Is there anything I need to do with this, or retain for my records?

Gr1pr

Look for pertinent information that may assist you with your case , then file away for your records 

fisherjim

YoungOrange said:

1 We note your internet based queries.  

2 Please provide evidence that this PCN was issued in a deprived area. 

1 I also note your template based demands!

2 What does that even mean?

YoungOrange

Afternoon all!

I’ve received a letter of claim from BW Legal so I’m assuming they are keen to pursue my case. I’ve checked the Newbies thread, but does anyone have any additional advice, please?

Thanks!

Gr1pr

Just respond with the LoC template

Then start preparing for a court claim in the next couple of months 

Coupon-mad

And report them to HMRC for VAT concerns once you get their reply to the VAT question.

Harvez63

"We note your internet based queries." I think they actually put this in, to make you think it's your google search vs a trained quality lawyer, to further scare you. Not the absolute cretins they are  

Good luck with your case, don't panic, you'll soon get these waste of oxygen breathers out your life.