TPS & BW Legal 4 Year Old Unknown Ticket?

Liege · 4 May 2019 at 10:06PM

Good Evening All,

My apologies if there is an obvious answer, after reading the Newbies section of the forum and spending the last few hours trawling through posts I have not found an issue specific enough for me to keep peace of mind.

I have received a BWLegal deb collectors letter (as have many others it seems) relating to an alleged PCN from July 2015? (Nearly 4 years ago) I have no memory of receiving any parking tickets form TPS? I have googled the location the letter mentions and did use to be a member of a Gym that was located there (Kettering Fit for Less)

The letter mention's as I have not appealed within 28 days blah blah blah and i now have 16 days to pay blah blah blah (Im aware the legal requirement is 30) Is it normal for this to take 4 years to reach some one?

After reading the forums it seems the general advice is to challenge the claim. My question is how do I challenge a PCN I do not remember getting?

It seems the old advice was Ignore, and Ive read somewhere that as its taken them 4 years to follow up, They do not have much of a case as it stands.

The amount they state is due is £144.00

Any help appreciated,

Redx · 4 May 2019 at 10:10PM

yes it is normal, or typical , they have 6 years to enforce an alleged debt using MCOL, so some people are getting these demands after 5.5 years because the statute kicks in at 6 years

its too late to challenge a pcn , but you can defend yourself from it in court , if and when an MCOL claim is issued using the CCBC

Email a SAR to the DPO at TPS to get all their data on you and your vehicle

post #2 of the NEWBIES thread tells you about this

ignore the debt letter

Liege · 4 May 2019 at 10:31PM

Sorry for the slow response, that was allot of acronym for me to google and understand!

SAR sent Via Email and by the website "contact us" section. Once I get this info what do I do with it?

Letter will be ignored.

*Slight edit*
I have not received a LOCP (?) I have received a generic"You Pay now" letter

Coupon-mad · 4 May 2019 at 11:19PM

that was allot of acronym for me to google and understand!

They don't need Googling. The NEWBIES PLEASE READ THESE FAQS FIRST thread has all the usual acronyms in the 5th post...

And why not learn more by reading other similar threads on the first 20 pages or so from this weekend? Us regulars read every single thread every day (well I do anyway) so we expect newbies to research in a similar thorough way, albeit you only need to read the relevant ones and the 2nd (and 5th for acronyms!) post of the NEWBIES thread.

Redx · 4 May 2019 at 11:32PM

Liege wrote: »

Good Evening All,

My apologies if there is an obvious answer, after reading the Newbies section of the forum and spending the last few hours trawling through posts

and you did state the above in post #1 above

anyone who has spent time reading that NEWBIES thread properly (on a laptop) cannot fail to miss post #5 with the acronyms

and yes we know its not an LOC yet, but its never too early to do the SAR , hence get it done asap , by email

once you have the data , you have maybe half what you need , because you wont have pictures of signage , landowner contract docs etc

but you will have sight of all the paperwork they generated that you havent seen, so you can then check said paperwork against POFA etc , ie:- do some digging

you can use google SV to get pics of signs (hopefully) using the time machine go back option (no DeLorean required)

the more evidence you gather , the better prepared you will be

and as there are dozens if not hundreds of similar B W LEGAL threads on here, read a score or more

Liege · 4 May 2019 at 11:43PM

Thank you all for pointing out my errors, its been greatly appreciated. As I stated in my opening statement, I was merely seeking peace of mind.

I truly appreciate that there are so many people who are seeing and dealing with this on a daily basis, and while well aware this letter receive is designed to enlist fear (and trigger me to "pay up") there is nothing more reassuring then asking people opinions on ones specific case.

I apologies if this has been a waste of your time but after reading multiple "similar" instances and reading your Q - ''I have read the NEWBIES thread but cannot find anything specific to my case...my case is different''. A - NO IT ISN'T. YOU DO NOT NEED SPECIFICS. FORGET THE DETAIL, MOST CASES ARE ALL THE SAME." I did not feel complete in my research, and doubted my thoroughness in my approach (hence the post above)

I thank you all for your assistance thus far.

Coupon-mad · 4 May 2019 at 11:50PM

I didn't point out errors - just signposted you to reading that WILL help.

When we tell you to read post #2 of the NEWBIES thread, we do not mean the first post there that you've quoted.

You are not at appeal stage, so do not need to read post #1 of the sticky.

So glad you are up for the fight; we will help you!

Redx · 4 May 2019 at 11:54PM

as above

you are at post #5 for the acronyms

at post #4 for ignoring the debt letter

and at post #2 for a SAR to gather your data early

(posts #1 and #3 dont apply as its too late for those)

the rest is more research into your case (gathering data) and what comes next (getting in front of this by knowing what these prelim stages are about and waiting for a real and formal LoC and/or an MCOL from the CCBC)

the fact that this isnt an LoC is an early warning for you to get cracking on learning the topic + acronyms and gathering your data , then reading all the other threads either at a pre stage like yours or at the LoC stage , or even court case threads where they are told to do all these missing stages like a SAR + gathering data and evidence

you have a heads up early doors , so use that time wisely

Liege · 5 May 2019 at 12:03AM

Good Evening,

I have skipped to Post two and done an SAR as kindly mentioned above. I did not follow step two and notify bwlegal as was told to ignore (additionally they have sited 16 days to respond and not the legal 30 making the statement invalid, and as such unenforceable) Ive checked up on the BPA to find out all details relevant there and also researched POPLA, but as they have not provided me with my 10 digit verification code I am unable to use this.

The reason I asked as before was because I could not find a post in which some one had never received a letter until recently relating to an incident 4 years ago that they have no info or memory of, skipping straight to a Debt collector.

Again, apologies if this is all Business as usual to you all, to me its very new (and confusing! XD)

Coupon-mad · 5 May 2019 at 12:04AM

We've seen shedloads of cases exactly like yours where the person got no letters.

Liege · 5 May 2019 at 1:21AM

I am both relieved and horrified that, that is the case!

Done some more required reading and it states a letter to the debt collector now is advised at this (my) stage. A strong rebuttal approach. If i did send something like the below, would that be me bound to the debt and restarting the 6 year countdown?

Reference number: T11*****

Dear Sirs

Parking Charge Number MT*******

I refer to your letter of 30/04/2019.

Firstly, I have no intention of paying the money demanded by your client, and any court proceedings will be vigorously defended.

Second, should it be your client's intention to start court proceedings, you must provide a Letter Before Claim which complies with the requirements of Annex A Para 2 of the Practice Direction on Pre-action Conduct:

ww.justice.gov.uk/courts/pro...action_conduct

Please also note that a failure and/or refusal to comply with the Practice Direction will result in an immediate referral to the Solicitors Regulation Authority for breach of the Principles contained in the SRA Handbook version 8, published on 1st October 2013.

In the meantime, and in the absence of a letter before claim, you should place a note on your file to the effect that this charge is disputed and your firm is required to cease and desist all further contact with me.

I trust that I have made myself clear, and I suggest that you take your client's further instructions.

Yours faithfully

TPS & BW Legal 4 Year Old Unknown Ticket?

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