BW Legal for Napier Parking - 1st Correspondence

I am writing my response now. I noticed that the photos they attached of the vehicle are time stamped with a different date to the date BW Legal are claiming the charge was issued. So I've mentioned that the details are unclear and asked them to confirm.

I'm reading through POFA now. Thanks Nosferatu I will question that as well.

Cheers,
Mark

Hi everyone,

So another update, been a little quiet for a while.

I sent BW Legal a letter last month to which I've just received a reply. They clarified the date of alleged contravention and enclosed copies of the original notice to keep. The copied document states the dated of issue as another different date so will pull them up on that. It also confirms there client relies on the POFA Schedule 4 act. The letter doesn't say much else beside apologising for issuing a template letter by accident in between our correspondence.

A couple of days later I have now received an proper letter before claim with the reply form attached.

I intend to complete the form and wondered if it was worth attaching the copies they've sent me questioning why the date of issue is different to the date they claimed the ticket was issued? I've been going back and forth with them for a little while and have already asked them a lot of questions, do I just repeat them on the reply form to slow them down (even if they've answered them already)?

Thanks,
Mark

Is making an offer without prejudice still advised in some instances? I've been writing back and forth with these guys for a couple of months and although their LBC doesn't contain some of the information that the PAP states it should, they have provided a lot of this information to me over the last few letters. I am still going to write asking that their letter complies with PAP but I feel I may just get a response stating they've already provided this information which will look worse on me.

Cheers,
Mark

Ok, I will consider making a WP offer but I am only thinking about it to make my life easier. Having said that, from reading other threads on here they'd probably reject it.

Heres my draft response to their generic LBC

I am writing in reply to your Letter before Claim dated XXXXX.

I am fairly disappointed for a number of reasons. Firstly your letter states you are acting in line with the current Pre-Action Protocol for debt claims, however your letter fails to actually fulfil the requirements of this Protocol. Please issue a proper Letter before Claim that follows the current Pre-Action Protocol. Without a correct letter and all the information your client is obligated to provide I am unable to consider my position and issue a response.

Secondly we have already been corresponding in writing for a an amount of time. Your most recent letter was dated XXXXXX and X days letter you have issued this Letter before Claim without even offering time for me to respond to your last letter. In this letter dated XXXXXX you confirm that the photographic evidence you have sent me is dated the XX and not the XX however the copies you have sent me do not prove this as the date is cut off at the start. Not to mention some of the photos are not dated at all.

Thirdly in my first letter to you I acknowledged your correspondence and explained that I was uncertain if your letter dated XXXXXX was a Letter before Claim but that I would treat it as such. At no point did BW Legal confirm that the letter was not a Letter before Claim and instead decided to string me along with other threatening template letters. I would have expected a Solicitor such as yourselves to act with a little more integrity.

In my previous letter to you dated XXXXXX I asked for a copy of the original parking notice. You have sent me a copy of the a letter dated XXXXXX, which was sent by your client, but you haven't sent me a copy of the original notice which was issued on XXXXXX according to your correspondence. I am requesting a copy of this again now.

I would also like to query something with regards to your companies handling of my personal information. Solely out of interest I would like to know how BW Legal acquired my address to which they first issued correspondence (X), as I had only just moved to that address at the time and am no longer the registered keeper of the vehicle allegedly involved in this contravention.

Shall I simplify this down and just ask that they issue a letter compliant with PAP or is it reasonable to leave the requests in there?

Thanks,
Mark