BW Legal, letter of claim for £170

fr3nch1e07

Hello,

A couple of years ago I received a PCN from Britannia parking. I had some issues with the pay machine & wound up overstaying beyond the time limit by a small margine. I contested the PCN but no response. I then got letters from BW legal. Sent them a letter but no response.

I now have a letter of claim from BW legal. The deadline on the letter has been exceeded (it was the 28th of July).

After reading the newbie thread, I plan on emailing BW legal, roughly following this template: 

Dear Sirs,

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

I refer to 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'

And then I guess wait and see what happens & address the claim if it comes in..

Is this correct? I remember reading another thread with a template for asking the claimant to drop the PCN, but I can't seem to find it..

I wanted to make sure I'm doing the right thing.. If anyone could confirm/shed some light, that would be much appreciated.

Many thanks

Gr1pr

Yes, correct 

The claimant wont drop it, but the landowner or business might, plan A in the newbies sticky thread in announcements 

Coupon-mad

Yep the supermarket can still cancel it.

fr3nch1e07

Thank you @Gr1pr & @Coupon-mad

The car park is near a high street but not attached to a supermarket. It's managed by Brittania Parking (who may own the land) but I'm not sure who the landowner are... I guess I can try to find out..

Coupon-mad

Britannia never own the land.

Le_Kirk

fr3nch1e07 said:

Thank you @Gr1pr & @Coupon-mad

The car park is near a high street but not attached to a supermarket. It's managed by Britannia Parking (who may own the land) but I'm not sure who the landowner are... I guess I can try to find out..

One of our regulars @Umkomaas regularly posts this advice: -

SOME IDEAS ON DETERMINING WHO OWNS THE LAND 

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park (some councils have a spreadsheet on their website)

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for around £7 they should be able to provide definitive detail

8. If you haven't already done so, give us the name of the car park/site/location, we may have seen other cases there. 

Posted by @Umkomaas

https://forums.moneysavingexpert.com/discussion/comment/78322090/#Comment_78322090