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First time poster re Parking Charge Notice
Comments
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Now received “letter of claim” from BWlegal. “We have been instructed by... to commence legal action in the form of issuing a claim against you in the county court....”
What action should I take?
Thanks in advance.0 -
Are you sure this is a LBCCA?
Does it have forms included with it for you to return? (Don't do so!!)
How long does it give you to pay?
If you are sure, then refer to the newbies faq #2 for advice on how to deal with this
That post advises on Court claims right through from the LBCCA to the hearing0 -
If this gets to the point of them trying to issue a MCOL Claim, the CCBC should spot the Scotland address and turn it away.
Should it by chance miss that scrutiny, you respond to it and 'contest jurisdiction'.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 Street0 -
For how much are they claiming? The usual amount, based on current regulations, should not rxceed £200, including all costs. If it is for more, they are trying to claim for more than the law allows, fraud imo. They are aware of this, but try anyway as many people feel intimidated by solicitor's letters.
If they are claiming for too much complain to their regulatory body, the SRA
http://www.sra.org.uk/home/home.page
also to your MP.
This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.
Parking Eye, CPM, Smart, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week, hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct
The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers. It has even been suggested that some of these companies have links with organised crime.
Watch the video of the Second Reading and committee stage in the House of Commons recently. MPs have a very low opinion of this industry.
http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41
https://hansard.parliament.uk/commons/2018-07-19/debates/2b90805c-bff8-4707-8bdc-b0bfae5a7ad5/Parking(CodeOfPractice)Bill(FirstSitting)
and complain in the most robust terms to your MP. With a fair wind they will be out of business by in the not too distant future..You never know how far you can go until you go too far.0 -
Are you sure this is a LBCCA?
Does it have forms included with it for you to return? (Don't do so!!)
How long does it give you to pay?
If you are sure, then refer to the newbies faq #2 for advice on how to deal with this
That post advises on Court claims right through from the LBCCA to the hearing
Thanks for that. Went through #2 post newbies q&a and post “letter of claim from bw legal” has link to Dropbox is the same style letter of claim which I have received. It seems to be akin to LBC. Now that post suggested a strong reply but I see “don’t pay but don’t ignore unless you live in Scotland...” I do so advice seems to be ignore?
They are looking for circa 240 and about 39 days to pay. The forms enclosed are annex 1 information sheet, reply form and income & expenditure form.0 -
Yes, that is a LBCCA.
See the reply at #14 above0 -
If this gets to the point of them trying to issue a MCOL Claim, the CCBC should spot the Scotland address and turn it away.
Should it by chance miss that scrutiny, you respond to it and 'contest jurisdiction'.
Thanks. What is CCBC, I couldn’t find it on list of acronyms on newbies q&a post?0 -
Try Google
(The FAQ acronyms explains those we use here, not all in circulation!)0 -
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Branski1874 wrote: »Ok thanks, contest jurisdiction presumably by letter when MCOL claim issued
The response form to the claim allows you to contest jurisdiction0
This discussion has been closed.
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