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First time poster re Parking Charge Notice

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Comments

  • 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.
  • Quentin
    Quentin Posts: 40,405 Forumite
    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
  • Umkomaas
    Umkomaas Posts: 41,256
    First Anniversary Name Dropper First Post Photogenic
    Forumite
    edited 10 November 2018 at 11:01AM
    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 Street
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 10 November 2018 at 10:58AM
    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.
  • Quentin wrote: »
    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.
  • Quentin
    Quentin Posts: 40,405 Forumite
    Yes, that is a LBCCA.


    See the reply at #14 above
  • Umkomaas wrote: »
    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?
  • Quentin
    Quentin Posts: 40,405 Forumite
    Try Google


    (The FAQ acronyms explains those we use here, not all in circulation!)
  • Quentin wrote: »
    Yes, that is a LBCCA.


    See the reply at #14 above

    Ok thanks, contest jurisdiction presumably by letter when MCOL claim issued
  • Quentin
    Quentin Posts: 40,405 Forumite
    Ok thanks, contest jurisdiction presumably by letter when MCOL claim issued
    No


    The response form to the claim allows you to contest jurisdiction
This discussion has been closed.
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