BW Legal LoC - Permit Holders Carpark

GoldSquad93

Hi guys, 

I've just got home from some time working away to see that I have a LoC from BW Legal on behalf of Armtrac SS, the 30 day window to respond expired 2 days ago which I missed. 

The charge applies to my vehicle being parked with no permit in a permit holders only 'carpark' belonging to Harbour Hotel, St Ives which amounts to a small piece of tarmac with no marked bays and completely insufficient signage. 

The window PCN was ignored as was the NTK because I hoped they would just go away, I didn't think they would actually pursue this as the signage was so bad. So far I have made no action regarding this PCN. 

I have just complained to the landowner. 

Am I correct in thinking I just send the template email listed on Newbies and await the court claim? 


Dear Sirs,

Your ref: [insert reference number]

Proposed legal proceedings....etc....

Questions: 

1. Threads I have searched seem to indicate that they won't confirm receipt via email - does this matter? 

2. "You can briefly also state your reasons for disputing the claim and/or state (if true) it was so long ago you have no idea what it's about" Because I have not appealed should I include the one size fits all text here? 

3. Have I messed this up by not appealing / missing the 30 day deadline? 

Thank you in advance for your help! It is really appreciated. 

Gr1pr

Correct,  email the Letter of Claim response,  regardless 

No, do not appeal 

No, no worries,  just respond

GoldSquad93

@Gr1pr Thanks. 
For this part: "You can briefly also state your reasons for disputing the claim" 

Do I just detail lack of signage, lack of marked bays? 

Gr1pr

Seems ok to me, but no admissions and no revealing who was driving either 

GoldSquad93

Can you confirm this is the correct response? Seems to be some conflicting advice out there. 

Dear Sirs,

Your ref: [insert reference number]

Proposed legal proceedings

Claimant: [insert name of parking company]

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:

[Insert correct address here]

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). Move on to weaker victims.

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

Yours faithfully,

Coupon-mad

There's no conflicting advice.  Send whatever you like, it changes nothing!

GoldSquad93

Hi @Gr1pr @Coupon-mad

Sorry to revisit this after so long, I thought that this might have gone away but they finally got back to me.

The core of the response is:

"We make note of your comments regarding this matter being disputed and ask that you provide us with details of your dispute and provide evidence to support your claims. 

It is the overriding objective of the courts for parties to settle matters amicably without the need for a formal hearing. This includes raising any disputes and concerns with either party, prior to the issue of a County Court claim, to ensure court time is not wasted and additional costs are not incurred unnecessarily. 

We would recommend seeking independent legal advice in relation to this matter"

Do I ignore and just wait for claim?

Thanks,
GS

Gr1pr

Thats correct