bw legal - Final demand from Link parking

Donuts0409

I can not apologise enough if I'm dense, but the information is so overwhelming that I was moments from sending:

_____________________

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:
[Correct address here]

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

----

When I realised that I must be sure before contacting this 'opportunists'.

What happened was I got a ticket whilst parking where I always do. I lived in a development for 3 years, when one day, signage showed up by Link (no word from landlord). I parked in a car park nearby until 6.30 after that. I was then given a permit but no rules of where to park were given. I parked, the permit fell off - given a ticket. I called my landlord and was told that regardless, I can only park in their bays that is only distinguishable by wording changes. I refused to pay that ticket and stuck to the rules for parking.

The bays outside my building have my landlord's markings but are also marked as disabled. The next bay along (between my landlord's building and another). There are 3 spots and I parked there no problem for 2 years. Then in September - my birthday, I have a ticket whilst parked in the first bay with my permit. I assumed it was a mistake, the ticket said 'not a valid permit'.

One side of the bay has my landlord's signage the other side (2 bays down) has some other landlord's signage. There are 3 bays. Bay 2 and 3 - no tickets issued to myself or my neighbours, only in bay 1. This is not clear enough. I certainly wouldn't have parked there if I knew.

After appealing and of course (Link), no cancellation. I then turned to my landlord (well his boss) who said they'd get it cancelled. Long story short, back and forth with evidence, meetings, talks with the lead (who was off sick from September until now), was told that we were informed of where to park - too bad, so sad, no one cares - pay Link. Especially considering I received a ticket before (Link informed them - um, as did I, when I called to gain information of where to park) 4 years ago.

After waiting for so long for a reply, I couldn't appeal it via IPC (or whatever they call themselves - perhaps Link cheerleaders - co-conspirators...). I then received a letter from bw legal (lower-cased - says it all), stating I must now pay £100. Ignored, they have now sent a further letter (final demand).

Do I send the above letter now? Please help.

Thanks,

In a Jam - Donut.

Gr1pr

Debt collector letter,  ignore 

the next letter is likely to be a Letter of Claim 

Donuts0409

Hi all,

I have the letter of claim now. Do I send the PAP template?

Gr1pr

Donuts0409 said:

Hi all,

I have the letter of claim now. Do I send the PAP template?

Correct,  email it to B W Legal from the keeper 

Donuts0409

The letter is below.

Do I send:


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:
[Correct address here]

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

‐---------

I have found 2 email addresses. If you can let me know if this is right.

Thanks

1505grandad

"1. Am I to understand that the additional £70 represents what you lot dress up as a 'Debt Recovery' fee"

Shouldn't this be £60? 

Donuts0409

1505grandad said:

"1. Am I to understand that the additional £70 represents what you lot dress up as a 'Debt Recovery' fee"

Shouldn't this be £60? 

Yes, I did amend it to £60 but I have had no response?

Coupon-mad

You only sent it days ago!

Donuts0409

They sent this email a couple of times:

Good Morning We write with reference to the above matter and recent correspondence received from yourself. In order for us to review this matter further, please confirm your full name exactly as we hold this on file, as well as our Client's reference number or the vehicle registration, for data protection purposes. If you wish to dispute the outstanding balance, please provide supporting documentation to confirm any claims made. I ignored them. They then sent an email following my initial email to Link with that email address stating: We write to advise that your Letter of Claim is due to expire on 27 March 2025. The Letter of Claim is the formal notice issued prior to any commencement of legal proceedings to recover the outstanding balance of £160.00. At BW Legal we do want to work with you and prevent these legal proceedings, which is why we are sending this reminder prior to the expiry of the Letter of Claim. I then received a Claim form from the court now asking for £420! If I don't respond I could get a CCJ. I worked so hard on my credit. What can I do now? So scared and worried about this.

Gr1pr

You defend the new court claim from Link Parking via B W Legal ,  same as thousands of other people do with various parking companies and Legal firms

Study the newbies sticky thread in announcements near the top of the forum,  reading the second post carefully,  then study the defence template thread in announcements too

Post the issue date from the top right of the claim form below 

Also post a redacted picture of the POC from the lower left of the claim form below after hiding the VRM details first 

Donuts0409

Thanks Gr1pr,

They say I have 2 parking tickets. One from 4 years ago the day they put the signs up - after 4 years of no signage or parking issues. I didn't really notice the signs at night when I parked where I have for 4 years.For research after checking the signage upon entry - the signs were covered up with bin bags. I have no idea what I wrote on their website to appeal it as it was 4 years ago but I wised up with this second one as I do have a permit. There are 15 parking spaces with a disabled sign and my landlord's sign right in front of my building.

There is then a tree and the 3 more spaces with nothing on it. These spaces are between my building and another building. If I was driving I would get to the sign for my landlord first - which notes that my permit entitles me to park. The final space ends before the wall where a sign has sneakily been put up (wasn't always there) saying it's another landlord (please see 3rd picture - I was parked in bay 3). I think this was done in error because if I park in bay 1 or 2 till now, no problem, I have literally been parking here for years to keep the disabled spaces clear for the disabled. Then on my birthday morning, pow - affixed to my windscreen. I just said to myself it's deffo erroneous. They then submitted the sign as evidence I should be charged £100. It turns out I can park in the disabled spots and should've done to avoid this and the 4 year old ticket being issued.

I am so confused by all the threads and separate circumstances on the NEWbies thread. There is so much information and I want to get this right. So sorry for being too emotionally compounded to see the key things I need in such a wealth of excellent guidance and knowledge. You all been amazing - I hope I've done everything right so far.