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  • FIRST POST
    • silverchoice
    • By silverchoice 2nd Aug 18, 10:18 AM
    • 67Posts
    • 7Thanks
    silverchoice
    Is this letter a Letter Before Claim ?
    • #1
    • 2nd Aug 18, 10:18 AM
    Is this letter a Letter Before Claim ? 2nd Aug 18 at 10:18 AM
    I parked for too long in a NCP car park in April then got letters from NCP and Trace Debt Recovery all of which I ignored but yesterday I got two letters one from NCP and the other from BW Legal.



    Is the letter from BW legal a Letter Before Claim ?

    And how should I respond to these letters ?




Page 1
    • IamEmanresu
    • By IamEmanresu 2nd Aug 18, 10:24 AM
    • 2,951 Posts
    • 4,974 Thanks
    IamEmanresu
    • #2
    • 2nd Aug 18, 10:24 AM
    • #2
    • 2nd Aug 18, 10:24 AM
    Treat it as a Letter before Claim for the simple reason they have mentioned court.

    Send a SAR to NCP and ZZPS. Get proof of posting for all three letters. Come back when you have replies

    With regards to the SAR, follow up after 30 days and if they don't reply complain to the ICO

    See an example here

    https://forums.moneysavingexpert.com/showthread.php?t=5876564#5
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend https://forums.moneysavingexpert.com/showthread.php?t=5760415
    2. Template defences that say nothing https://forums.moneysavingexpert.com/showthread.php?t=5818671&page=5#86
    3. Forgetting about the Witness Statement
    • silverchoice
    • By silverchoice 2nd Aug 18, 10:31 AM
    • 67 Posts
    • 7 Thanks
    silverchoice
    • #3
    • 2nd Aug 18, 10:31 AM
    • #3
    • 2nd Aug 18, 10:31 AM
    What is SAR and ZZPS ?
    • Umkomaas
    • By Umkomaas 2nd Aug 18, 10:33 AM
    • 18,840 Posts
    • 29,626 Thanks
    Umkomaas
    • #4
    • 2nd Aug 18, 10:33 AM
    • #4
    • 2nd Aug 18, 10:33 AM
    SAR = Subject Access Request

    https://forums.moneysavingexpert.com/showthread.php?t=5849784

    ZZPS = debt collector company vulturing around the private parking sector, but I think in your case it's Trace Debt Recovery (same type of vulture!).
    Last edited by Umkomaas; 02-08-2018 at 10:35 AM.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • silverchoice
    • By silverchoice 3rd Aug 18, 3:14 PM
    • 67 Posts
    • 7 Thanks
    silverchoice
    • #5
    • 3rd Aug 18, 3:14 PM
    • #5
    • 3rd Aug 18, 3:14 PM
    Treat it as a Letter before Claim for the simple reason they have mentioned court.

    Send a SAR to NCP and ZZPS. Get proof of posting for all three letters. Come back when you have replies

    With regards to the SAR, follow up after 30 days and if they don't reply complain to the ICO

    See an example here

    https://forums.moneysavingexpert.com/showthread.php?t=5876564#5
    Originally posted by IamEmanresu

    So I need to send letters to NCP, BW Legal and Trace Debt Recovery ?
    • The Deep
    • By The Deep 3rd Aug 18, 3:30 PM
    • 9,960 Posts
    • 9,743 Thanks
    The Deep
    • #6
    • 3rd Aug 18, 3:30 PM
    • #6
    • 3rd Aug 18, 3:30 PM
    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    You never know how far you can go until you go too far.
    • The Slithy Tove
    • By The Slithy Tove 3rd Aug 18, 3:44 PM
    • 3,360 Posts
    • 4,906 Thanks
    The Slithy Tove
    • #7
    • 3rd Aug 18, 3:44 PM
    • #7
    • 3rd Aug 18, 3:44 PM
    I'd say it is not an LBC.

    They are saying that if you don't pay, they'll go back to their client to recommend making a claim - not the same thing. And they even say "upon being served with a Letter of Claim."
    • silverchoice
    • By silverchoice 3rd Aug 18, 3:53 PM
    • 67 Posts
    • 7 Thanks
    silverchoice
    • #8
    • 3rd Aug 18, 3:53 PM
    • #8
    • 3rd Aug 18, 3:53 PM
    I'd say it is not an LBC.

    They are saying that if you don't pay, they'll go back to their client to recommend making a claim - not the same thing. And they even say "upon being served with a Letter of Claim."
    Originally posted by The Slithy Tove
    Should I reply to this letter or wait to see if I receive a Letter if Claim ?
    • KeithP
    • By KeithP 3rd Aug 18, 4:28 PM
    • 8,563 Posts
    • 8,419 Thanks
    KeithP
    • #9
    • 3rd Aug 18, 4:28 PM
    • #9
    • 3rd Aug 18, 4:28 PM
    Should I reply to this letter or wait to see if I receive a Letter if Claim ?
    Originally posted by silverchoice
    I would say ignore it, but clearly there are other opinions out there.
    .
    • silverchoice
    • By silverchoice 9th Aug 18, 4:54 PM
    • 67 Posts
    • 7 Thanks
    silverchoice
    I've just received the letter of claim today so do I need to send letters to NCP, BW Legal and Trace Debt Recovery ?
    • Quentin
    • By Quentin 9th Aug 18, 4:59 PM
    • 36,798 Posts
    • 20,912 Thanks
    Quentin
    If this is a proper lbcca then respond to whoever sent it


    (Never contact a debt collector)


    How to respond to a lbcca is covered in the newbies faq #2
    • Johnersh
    • By Johnersh 9th Aug 18, 5:01 PM
    • 1,151 Posts
    • 2,183 Thanks
    Johnersh
    Letter of Response goes to the sender.

    As a general rule (once you get to that stage) when dealing with the court proceedings, I'd recommend sending everything to the court AND the claimant's solicitor
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
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