BW Legal - Offer Letter to Settle

StanHowe · 14 September 2017 at 11:49AM

Good afternoon,

I have been in dispute with BW Legal over the last few months regarding a PCN issued to me on 23/04/2014.

We have gone through the process of DQ and allocation to my local court etc.

However BW Legal have sent me a letter stating that they believe 'my defence is unlikely to succeed' and are offering to settle for £165 rather than £275.

Can I counter offer?

Why would they send this letter if they have a good chance of winning in court and get more money ?

They allege I 'left the leisure park and parked in a restricted area'.

My defense is based on a few things:

1. Clear signs not provided to show the boundaries of the leisure park in Middlesbrough (since this date signs have been erected to inform where the boundaries are!) I went to visit a friend in a pub opposite the cinema (thought it was part of the 'leisure park')
2. Signs not present to clearly state PCN will be enforced and how much
3. PCN from Excel Parking doesn't show where I was parked illustrated by a drawing on the reverse side by an attendant
4. They have no proof I was the driver of the vehicle at the time only pictures of my vehicle

Can I get some advice on what I should do?

Essentially I am willing to counter offer or pay the £165 if you think my defense is rubbish.

Thanks.
Stan.

pappa_golf · 14 September 2017 at 11:53AM

if you have photographic evidence that no signage was in place , and indeed signage was added after your appeal , then stick to your guns and let them be ridiculed in court , that fact that signage was added later shows the failing of there system in operation

StanHowe · 14 September 2017 at 11:58AM

Hey pappa golf,

They had main signage up, however the text is really really small, especially regarding the issue of PCN. I dont think this complies with signange policy and this is part of my defence.

The new signs state what shops/restaurants etc are part of the 'leisure park'. Why would these be added if it wasnt clear?

Thanks.
Stan.

nosferatu1001 · 14 September 2017 at 12:22PM

EXACTLY! which is what pappa golf was saying

Adding more signage after undermines them. It shows they had a belief that the existing signage was NOT sufficient. if it were, why would they add more?

If it previously did not indicate the boundary, and now does, again - helps you.

Counter offer - drop hands, both sides bears tehir costs to date, as long as they discontinue within say 7 calendar days. Without prejudice except as to costs.

BW are hopeless.

fisherjim · 14 September 2017 at 12:26PM

BW Legal have sent me a letter stating that they believe 'my defence is unlikely to succeed' and are offering to settle for £165 rather than £275.

If they really thought that "your defence is unlikely to succeed" why would they make the reduced offer, sounds more like a last ditch attempt to get you to pull out so they still get something.

beamerguy · 14 September 2017 at 12:28PM

Stan, get into the mindset of these scammers

"However BW Legal have sent me a letter stating that they believe 'my defence is unlikely to succeed' and are offering to settle for £165 rather than £275."

Why would they lose £110 if they thought you were unlikely
to succeed ?????

They actually think you are likely to succeed and they will lose.

You must let a judge decide and don't fall into this trap

Make sure your costs schedule is ready for the judge
when you win

StanHowe · 14 September 2017 at 12:37PM

Really appreciate all of the replies. A lot of the points presented were running through my head, I just needed some further opinions to backup what I was thinking.

nosferatu1001 · 14 September 2017 at 12:48PM

If you intend to put in a counteroffer of drop hands, I would be minded to include the costs schedule you plan to submit to the court IF they dont accept your offer.
If they have behaved unreasonably, under rule CPR27.14(s)(g) (READ IT!) you can ask for higher costs, including your time at either LIP rate of £19ph OR could try for 50% of a band D fee earner, or about £60ph....that shoudl give them pause.

StanHowe · 14 September 2017 at 12:59PM

nosferatu1001 wrote: »

If you intend to put in a counteroffer of drop hands, I would be minded to include the costs schedule you plan to submit to the court IF they dont accept your offer.
If they have behaved unreasonably, under rule CPR27.14(s)(g) (READ IT!) you can ask for higher costs, including your time at either LIP rate of £19ph OR could try for 50% of a band D fee earner, or about £60ph....that shoudl give them pause.

I will bear this in mind, however at this point, I feel that my defence has enough substantiated points to succeed. I will be double checking all of my paperwork tonight and review my defense to ensure it is air tight.

waamo · 14 September 2017 at 1:02PM

They make an offer like this when they know they are on a hiding to nothing. If you decline their offer they often discontinue the court case to avoid costs.

Lamilad · 14 September 2017 at 1:56PM

Stick to your guns. It's likely they'll discontinue - they usually do a few days after they've offered to settle.

When reviewing your docs tonight be sure to check for correct, UK, spelling... It's "defence" not "defense"

BW Legal - Offer Letter to Settle

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