Letter of Claim from BW Legal for 3 year old ghost PCN - Unsure of reason?

naileditdoc

Hi,

I have two concerns!

1. I have received a LoC for x2 PCNs in 2022. I can't orientate myself to what is the potential reason, especially considering at the I had a long term let, where I had access to parking and always displayed my permit. 

I do remember, approximately in 2020, being harassed for PCNs for this same car park (Broad Gauge Way, Wolverhampton) which I paid off at the time (not knowing it could be challenged). In the same fashion as always, the PCNs were not left on my car window but I received back-to-back letters in the post (about 4 in total). I was then harassed by the UKCPM, when they alleged I didn't pay for it. I sent them proof over email, and was told it was dismissed but received further harassment almost a year later. I must admit I cannot remember whether I ignored this letter, or sent UKCPM more correspondences. 

However, I certainly don't remember receiving any PCNs in 2022. They also would have had my stale address for a further 4 months which they could have contacted me on.

2. Sadly, it seems BW Legal are now having a field day as they contacted me about another PCN I never received from last year. Thankfully, I have evidence of a paid car parking space on my tenancy agreement from this time which I plan to send them to them using a template from here. However, I do want to see if I can get compensation for the false accusations, especially considering it would mean they accessed my data unlawfully as there was no clear need for it.

Help for approaching both cases would be useful, but especially the former. I have added my draft email for reference:

Dear Sirs,

Ref. --
Proposed Legal Proceedings
Claimant: --

I refer to your letter of claim.

I confirm that my address for service for the time being is as follows, and any older address must be erased from your records:

--

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 am disappointed to have received such an intimidating letter to my home, especially with PCNs dated years ago-- so long ago, I cannot even understand what they are about. Considering I am a law-abiding citizen, I cannot imagine receiving a PCN, especially an outstanding one, hence why this must be disputed. The fact no original PCN was received further emphasises the fraudulent nature of your client, because this deprives all citizens from engaging in lawful appeals or paying where possible, for any appropriate fees. 

I note that the amount being claimed has increased by a hugely exaggerated amount which the Government called "extorting money from motorists".

Please refrain from send me your usual inadequate and scripted information about that.
I have two questions, and under the PAP I am entitled to specific answers (not automated, uninterested replies):

1. Am I to understand that the additional £70 represents what you have dressed up as a 'Debt Recovery' fee, and if so, is this net 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,
--

Coupon-mad

I wouldn't use a template.

If they are sending more than one LBC tell them to consolidate the PCNs into one case and to note  and revert to their client because your tenancy agreement gave you primacy of contract, in the form of a paid-for exclusive parking space. Show them your proof.

Tell them you'll rely on binding authorities such as this Court of Appeal case to support your defence:

https://www.edwincoe.com/blogs/main/the-supreme-court-has-effectively-confirmed-the-approach-of-the-court-of-appeal-in-applying-the-rule-in-newman-v-jones-and-on-how-to-interpret-lease-clauses/

And tell them that you were duped into paying PCNs to UKCPM in 2020 despite having a right/easement that took precedence over their jumped up cardboard, glue & parcel tie signage. As such, there is a case for you to counterclaim for actual loss as well as damages as a remedy for harassment and distress arising from UKCPM obtaining data without reasonable cause.

naileditdoc

thanks a lot.

just to clarify - it is one letter of claim, for two PCNs in 2022 (which I am unsure of the cause but it is likely my tenancy at the time). as I don't really know the cause it's trickier to respond.

then a separate debt collectors letter, again from BW Legal, from my most recent tenancy which I am sending over proof for. I think either way, a counterclaim is possible in this instance in particular, which I have mentioned in the correspondence for this one.

Coupon-mad

Ok you may wish to do two different replies but in both, cite that landmark case and threaten counterclaim.

Are the two cases involving different parking firms?