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BW Legal - is this a LBC?

GingerBob_3
GingerBob_3 Posts: 3,659 Forumite
edited 19 October 2016 at 8:09AM in Parking tickets, fines & parking
A friend has come to me with this, knowing that I'm a MoneySavingExpert fan:


https://postimg.org/image/yt085d30t/

He's already identified himself to Excel as the driver shortly after the event. My question is, before I get into the Newbies' thread detail - does this constitute a letter before court?


Thanks,
GB.
«1

Comments

  • Fruitcake
    Fruitcake Posts: 58,231 Forumite
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    edited 19 October 2016 at 8:38AM
    GingerBob wrote: »
    A friend has come to me with this, knowing that I'm a MoneySavingExpert fan:



    He's already identified himself to Excel as the driver shortly after the event. My question is, before I get into the Newbies' thread detail - does this constitute a letter before court?


    Thanks,
    GB.

    No, it is a debt collector letter pretending to be a LBC. Note that it is actually called a letter OF claim to make people think it is an LBC when it is not.
    "... may shortly be instructing" is another clue.

    They are not allowed to claim the 54 quid they have added on, and they know it.

    Complain to the SRA. There are loads of people getting these at the moment and it is important that the flood of complaints is maintained.
    I married my cousin. I had to...
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  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    edited 19 October 2016 at 8:31AM
    GingerBob wrote: »
    A friend has come to me with this, knowing that I'm a MoneySavingExpert fan:


    https://postimg.org/image/yt085d30t/


    He's already identified himself to Excel as the driver shortly after the event. My question is, before I get into the Newbies' thread detail - does this constitute a letter before court?


    Thanks,
    GB.

    BWLegal scratching around .... 40% DISCOUNT ?
    My word, once this lot are involved should be a 100% discount.

    This must be pre POFA 2012 but do tell us

    The letter is a begging letter for money, they are unsure themselves.

    This is a very tame letter from BWLegal as before they made so many threats and lies, it is no wonder they were reported to the SRA 100's of times.

    The court threat is a two way thing. why might they assume they would win in court ?

    What is the date of the event that has provoked these scammers to contact your friend ?
  • GingerBob_3
    GingerBob_3 Posts: 3,659 Forumite
    Thanks. Date was 14 May 2012. Is there a template for an SRA complaint in the Newbie thread? Presumably at this point it's a case of ignore until such time/if ever, a LBC arrives? Or, is it worth advising them that the debt is denied and if they don't 'go away' the complaint letter will be going to the SRA (which it will be anyway).
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    First Anniversary Photogenic Name Dropper First Post
    GingerBob wrote: »
    Thanks. Date was 14 May 2012. Is there a template for an SRA complaint in the Newbie thread? Presumably at this point it's a case of ignore until such time/if ever, a LBC arrives? Or, is it worth advising them that the debt is denied and if they don't 'go away' the complaint letter will be going to the SRA (which it will be anyway).

    Pre POFA 2012.

    You say that the driver was named ?

    Doubt BWL know that otherwise they would not send begging letters

    Your friend is probably one of 1000's who this uncouth solicitor has sent letters to.
    The letter your friend received was not subject to a complaint to the SRA.

    Deny any debt and request proof, reminding them it is pre POFA 2012 AND IF THEY THINK THEIR CLAIM is valid, please provide the details of the driver.

    Then, what happens next with their reply, will probably be cause to COMPLAIN to the SRA
  • GingerBob_3
    GingerBob_3 Posts: 3,659 Forumite
    beamerguy wrote: »
    Pre POFA 2012.

    You say that the driver was named ? Yes, identified himself as the driver soon after receiving the first begging letter.

    Doubt BWL know that otherwise they would not send begging letters

    Your friend is probably one of 1000's who this uncouth solicitor has sent letters to.
    The letter your friend received was not subject to a complaint to the SRA.

    Deny any debt and request proof, reminding them it is pre POFA 2012 AND IF THEY THINK THEIR CLAIM is valid, please provide the details of the driver.

    Then, what happens next with their reply, will probably be cause to COMPLAIN to the SRA


    This is one of those cases whereby the parking attendant watched him leave the car park (to go to a public toilet) but failed to notice him return a short while later and buy some food from one of the restaurants on the complex that subscribes to the PPC. Any evidence of purchase long gone. I'm thinking now that a 'robust' letter to the 'solicitors' - if that's what they are - is the next step.
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
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    hang on , that "attendant" has long gone from the company , and after 4 yrs his memory would be flawed


    did the person actually appeal? , did they name themselves?
    Save a Rachael

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  • GingerBob_3
    GingerBob_3 Posts: 3,659 Forumite
    pappa_golf wrote: »
    hang on , that "attendant" has long gone from the company , and after 4 yrs his memory would be flawed


    did the person actually appeal? , did they name themselves?


    Yes, driver named himself and offered the excuse mentioned above. No formal appeal that I'm aware of. Got a rejection then ignored (on my advice) thereafter. Then over four years later they're after him again. Good point about the "attendant".
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    First Anniversary Photogenic Name Dropper First Post
    GingerBob wrote: »
    This is one of those cases whereby the parking attendant watched him leave the car park (to go to a public toilet) but failed to notice him return a short while later and buy some food from one of the restaurants on the complex that subscribes to the PPC. Any evidence of purchase long gone. I'm thinking now that a 'robust' letter to the 'solicitors' - if that's what they are - is the next step.

    So does the company have proof of this, come on 4 years ago,

    BWLegal ???? they came on the scene a couple of months ago, did not have a clue what they were doing, thought it was an amazing cash cow, screwed up big time, the SRA know this.

    Play letter ping pong with BWLegal, they are not that smart, they hang themselves
  • GingerBob_3
    GingerBob_3 Posts: 3,659 Forumite
    Is this the sort of thing they'll appreciate?


    Dear Twatface,


    I deny the debt and owe you nothing. Please return the claim to the PPC. You will recall that I temporarily left the car park in question to go for a p1ss, returning shortly thereafter and thence availing myself of a service provider who subscribed to the PPC. Your attendant will be able to confirm this in court, should you wish to pursue the matter.


    In the meantime I will be reporting you to the SRA unless I receive a satisfactory explanation from you as to why you are implying that your most recent correspondence is a LBC, and why you have added £54 to the charge.


    Yours etc.
  • Umkomaas
    Umkomaas Posts: 41,343 Forumite
    First Anniversary Name Dropper First Post Photogenic
    Leaving the site? Read this.

    http://forums.pepipoo.com/index.php?act=attach&type=post&id=16231)

    Since that case there is no knowledge of any other 'leaving the site' case getting to a county court.

    And as Simon Renshaw-Smith heads up both Excel and VCS and was ordered to appear before the judge following the Ibbotson case, I don't expect there'll be much of an appetite to chance his arm again!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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