BW Legal letter after no response to appeal

BeachDudeSW

Hello,

I've spent the past few days reading through threads on the forum as well as the stickies, but can't anything similar to my question (other than older threads, which I assume are out-of-date with the advice now) so hopefully you knowledgeable people are able to help me...

I received a NTK by post on 31/07/25 (dated 24/07/25) as below:

ARMTRAC SECURITY
NOTICE TO KEEPER

NOT IGNORE THIS NOTICE

Parking Charge Details

Vehicle Registration: [reg]

Vehicle Make: [vehicle]

Vehicle Model: [vehicle]

Vehicle Colour: [colour]

PCN Reference: [ref no]

Date of this Notice: 24/07/2025

Contravention Date: 16/07/2025

Amount Due: Within 28 days

£100 (or £60 if paid within 14 days)

Arrival Time: 16/07/2025, 09:36:23

Departure Time: 16/07/2025, 10:09:01

This parking charge has been issued on private land.

We have issued a Parking Charge Notice (PCN) [ref no] as this vehicle has breached the terms and conditions at Alexandra Road, Newquay, TR7 3NH on 16/07/2025 at 10:09.

The signage, which is clearly displayed at the entrance to and throughout the car park, states that this is private land, the car park is managed by Armtrac Security Services.

You now have two options; you can either pay or appeal - you cannot do both.

A prompt payment discounted amount of £60 applies if this PCN is paid within 14 days of issue. If the full discounted amount is not paid within this time, the full value of £100 will be due.

Parked with no valid parking session / permit, in accordance with the terms and conditions set out in the signage, the Parking Charge is now payable to Armtrac Security Services as the Creditor.

You are notified under paragraph 9(2)(b) schedule 4 of the Protection of Freedoms Act 2012 that the driver of the motor vehicle is required to pay this parking charge in full. As we do not know the drivers name or current postal address, if you were not the driver at the time, you should tell us the name and current postal address of the driver by completing the form on the reverse.

You are advised that if, after 29 days from the date given (which is the second working day after the Date Issued), the parking charge has not been paid in full and we do not know both the name and current address of the driver, we have the right to recover any unpaid part of the parking charge from you.

Should you provide an incorrect address for service, we may pursue you for any Parking Charge amount that remains unpaid. Should you identify someone, who denies they were the driver, we may pursue you for any Parking Charge amount that remains unpaid. Failure to pay the full amount of this notice within 28 days may result in the proceeding of debt recovery action and/or issuing court proceedings against you. Additional costs may be incurred.

I then used the information on the back of the letter to appeal online on their website on 03/08/25.  My appeal read:

Hello, I have just received your Notice to Keeper [reference number] for vehicle VRN [vehicle reg].  You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give notice of keeper liability as prescribed by section 9 (2) (f) of the Act.  You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.  There is no legal requirement to name the driver at the time and I will not be doing so.  I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.  Yours sincerely, [my name]

I then didn't hear anything from them until I received the following letter from BW Legal by post on 22/10/25 (dated 13/10/25) saying that I owe £160:

BW Legal

Our Reference: [their ref]

Our Client's Ref: [NTK ref]

Telephone: 0113 487 0430

Dear [my name],

Our Client: KBT Cornwall Ltd t/a Armtrac Security Services

PCN Reference: [NTK ref]

Vehicle Registration: [reg no]

Date of Contravention: 16 July 2025

Balance Due: £160.00

Contravention Description: Parked With No Valid Parking Session / Permit

Contravention Location: Alexandra Road Newquay

13 October 2025

We have been instructed by KBT Cornwall Ltd t/a Armtrac Security Services in relation to the balance due for the above Parking Charge Notice (PCN). The balance due is for £100.00 of PCN charge(s), plus our client's debt recovery costs of £60.00, which were detailed in the PCN and/or our client's terms and conditions. The terms and conditions were clearly displayed on our client's signage at the contravention location. As you have failed to either make a payment, or raise a valid appeal that resulted in your appeal being upheld, the balance due remains outstanding and we require payment in full by 17 November 2025.

We appreciate this may have been an oversight, or you may have experienced some difficulties that have meant you have not paid our client. We want to work with you to prevent this matter escalating to legal proceedings and if you cannot afford to pay the balance in full, we can find the right repayment plan for you. We have numerous methods available for you to contact us, from our contact centre, webchat and also our Customer Portal. However, if you fail to make a payment or contact us to discuss repayment, or provide reasons for non-payment by 17 November 2025, further collections activity (which could be, where relevant, letters, emails, calls, SMS) will continue.

Pre-approved monthly plan

With our client's authority, we are able to offer a pre-approved monthly repayment plan; we have considered what disposable income you may have available and the amount has been agreed based on what may be affordable for you. You can repay the balance by a pre-approved monthly instalment amount of £40.00 if set up by 17 November 2025.

What makes it even easier to get set up and resolved is that you do not need to call us to accept this offer. Just log in, or register to use our Customer Portal at portal.bwlegal.co.uk. The pre-approved plan is ready for you to accept on our portal, however if you struggle to register, please call us on 0113 487 0430 and we can assist you.

Next stages if we do not hear from you

If you do not make payment of the balance in full or accept the pre-approved offer by 17 November 2025 then your case may proceed to our legal process and the next letter from us would be a Letter of Claim. We want to assist you and avoid any unnecessary legal action, so it is important that you contact us within the specified time so that we can work with you to resolve your account. Call us today on 0113 487 0430; we are keen to assist you and settle this matter without the need for your case to escalate to the legal process.

Yours sincerely

BW Legal

What's the best thing to do now?  I've seen people say wait and don't do anything, and others suggesting to pay it.

Any thoughts would be welcome.  We're about to apply for a mortgage so really don't want a CCJ on our file.

Thank you in advance  :-)

Gr1pr

Nobody on here said anything about paying 

If its a debt collector letter giving 7 or 14 days notice,  ignore it 

If its a formal Letter of Claim giving you 30 days notice,  respond with the LoC response template in post 2 in the newbies sticky thread in announcements near the top of the forum 

Then wait to see if Armtrac issue an N1SDT court claim pack from the CNBC in Northampton using MCOL in the post to you, via B W Legal 

If you follow our advice,  there wont be a CCJ

These court claims tend to last 6 to 12 months,  so nothing bad will happen 

Car1980

That's just a BW Legal threatogram.

See if they send you a Letter Before Action.

BeachDudeSW

Thank you both for your replies - this puts my mind at ease a little!

This letter seems to suggest I have 5 weeks to respond to them, so I assume it's neither a Letter of Claim or a Letter Before Action?

If/when they do send one of the above, is it clearly written on it, so I'll know that's what the letter is?

Thank you again :-)

ChirpyChicken

Yea it will be clear 

BeachDudeSW

Ok, so I have just received the Letter of Claim from BW Legal, along with their 'reply form' stating that I have 30 days from the date of the letter to reply (it's dated 2nd January, although I only actually received it today, the 15th!)

From what I've read in post #2 of the sticky, I should email them (does anybody know the address for BW Legal as I've searched the forum and found multiple addresses for them, so I'm not sure which one to use) something like this:

-----------------------------------
Dear Sirs,

Your ref: [reference number]

Proposed legal proceedings

Claimant: KBT Cornwall Ltd t/a Armtrac Security

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:

[my address here]

As mentioned previously, I was not the driver at the time and do not believe your client can hold me, the keeper, liable for any costs.

You should revert to your client because the 'propensity to pay' score in my case is zero, so any claim is hopeless and a waste of the court fee (whether 'fronted' by your firm or not).

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

Yours faithfully,

[my full name]
-----------------------------------

Is this correct?

Thanks again for your help with this one.

Car1980

Personally I would ignore. They quite often forget to mention the POFA in their particulars of claim and mess it up for themselves, so don't alert BW (who know nothing about the case) to the fact you were not the driver.

BeachDudeSW

Car1980 said:

Personally I would ignore. They quite often forget to mention the POFA in their particulars of claim and mess it up for themselves, so don't alert BW (who know nothing about the case) to the fact you were not the driver.

Oh really?  I though it wasn't wise to ignore the Letter of Claim?  In their paperwork it says that if they don't hear from me within the 30 days, they'll take me to court.

What is the POFA?  I can't find any reference to that acronym in their letter or paperwork anywhere.

If I was to reply, you think it's better to not have the sentence in there about not being the driver at the time?

Thanks for your help with this :-)

BeachDudeSW

Ah... POFA is the Protection of Freedoms Act.  I can't see any reference to that anywhere in the paperwork.

Gr1pr

Just remove that aspect from your response,  dont alert them to keeper liability or POFA2012,  let them make mistakes 

Coupon-mad

You want a claim form. No worries.