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BW Legal Letter of Claim

redviking
redviking Posts: 44 Forumite
edited 5 August 2018 at 6:00PM in Parking tickets, fines & parking
Hi,


I have recently received a letter of claim from BW Legal regarding a parking/stopping offence at Liverpool John Lennon Airport


The date of the alleged offence is February 2015. The letter states I must reply by a certain date, otherwise we instruct a claim against you in the County Court, if you dispute this debt please tell us why, etc etc


I appealed the original invoice early 2015 on many different grounds, signage read from moving vehicle, planning permission for signage, local byelaws, etc etc


They also contacted me in 2016 asking for the details of the driver at the time of the contravention, but I didn't reply to them in the 14 day time frame.



I moved house last year, and only received this letter by chance of seeing the owners of my old house!

I have an old post on here that I could link to regarding my original invoice.


Any info much appreciated regarding the next step, i.e. time since original offence and moving house 12 months ago


Thank you
«1

Comments

  • The_Deep
    The_Deep Posts: 16,830 Forumite
    I have an old post on here that I could link to regarding my original invoice.

    Better to close this one and post on the old one.
    You never know how far you can go until you go too far.
  • KeithP
    KeithP Posts: 37,628 Forumite
    Name Dropper First Post First Anniversary
    As your older thread is closed, you will of course need to continue here.

    I don't understand why, for the sake of continuity, you didn't simply link to it anyway.

    You need to write to VCS and BWL immediately advising them of your current address.
    If you don't do that you run a very great risk of getting a County Court Judgment against you without having the opportunity to defend yourself.

    Is the letter from BWL a Letter of Claim?
    If so you need to robustly respond as described in post #2 of the NEWBIES FAQ sticky thread.
  • redviking
    redviking Posts: 44 Forumite
    The_Deep wrote: »
    I have an old post on here that I could link to regarding my original invoice.

    Better to close this one and post on the old one.


    This is the other one


    https://forums.moneysavingexpert.com/showthread.php?p=67733909#post67733909



    The thread is closed so I started a new one
  • redviking
    redviking Posts: 44 Forumite
    KeithP wrote: »
    As your older thread is closed, you will of course need to continue here.

    I don't understand why, for the sake of continuity, you didn't simply link to it anyway.

    You need to write to VCS and BWL immediately advising them of your current address.
    If you don't do that you run a very great risk of getting a County Court Judgment against you without having the opportunity to defend yourself.

    Is the letter from BWL a Letter of Claim?
    If so you need to robustly respond as described in post #2 of the NEWBIES FAQ sticky thread.


    it is a letter of claim as mentioned in my original post yes.
  • KeithP
    KeithP Posts: 37,628 Forumite
    Name Dropper First Post First Anniversary
    redviking wrote: »
    it is a letter of claim as mentioned in my original post yes.
    Then you now know exactly what to do.
  • redviking
    redviking Posts: 44 Forumite
    KeithP wrote: »
    Then you now know exactly what to do.



    Which is?


    It doesn't say letter before claim, so is this to trick you into thinking it is?


    I don't think telling BW Legal my financial situation is right, or legal
  • KeithP
    KeithP Posts: 37,628 Forumite
    Name Dropper First Post First Anniversary
    edited 5 August 2018 at 11:55PM
    Letter of Claim, Letter Before Claim, Letter Before Action, Letter Before Court Action, Letter Before Court Claim and Letter Before County Court Claim are all different names for exactly the same thing. There may be more.

    redviking wrote: »
    I don't think telling BW Legal my financial situation is right, or legal
    Of course it is legal. You are free to tell them anything you like - as long as it's truthful.
    However, you have no obligation to tell them your financial situation.

    They have sent you the Financial Statement form because it is suggested they do so in para 3.1(d) of The Pre-Action Protocol for Debt Claims which is linked from post #2 of the NEWBIES FAQ sticky thread.
  • redviking
    redviking Posts: 44 Forumite
    I'll have to have a good read from the stickys as there is a fair bit of conflicting information on the next step, I will acknowledge their letter and inform them of my change of address first
  • Umkomaas
    Umkomaas Posts: 41,345 Forumite
    First Anniversary Name Dropper First Post Photogenic
    redviking wrote: »
    I'll have to have a good read from the stickys as there is a fair bit of conflicting information on the next step,
    Really? Can you please expand, because I don't know of much conflict of information between that given by regulars?

    But I'm sure we'll put it right if there is.
    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
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    I don't think telling BW Legal my financial situation is right, or legal
    Oh for goodness sakes! The financial form is there for those who know they need to pay but want to demonstrate that they cannot or cannot without a payment plan...

    If you're going to defend it in full, then no need to complete it all.
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