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    • redviking
    • By redviking 5th Aug 18, 5:58 PM
    • 44Posts
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    redviking
    BW Legal Letter of Claim
    • #1
    • 5th Aug 18, 5:58 PM
    BW Legal Letter of Claim 5th Aug 18 at 5:58 PM
    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
    Last edited by redviking; 05-08-2018 at 6:00 PM.
Page 1
    • The Deep
    • By The Deep 5th Aug 18, 7:38 PM
    • 10,987 Posts
    • 10,957 Thanks
    The Deep
    • #2
    • 5th Aug 18, 7:38 PM
    • #2
    • 5th Aug 18, 7:38 PM
    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
    • By KeithP 5th Aug 18, 8:03 PM
    • 11,255 Posts
    • 11,823 Thanks
    KeithP
    • #3
    • 5th Aug 18, 8:03 PM
    • #3
    • 5th Aug 18, 8:03 PM
    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
    • By redviking 5th Aug 18, 9:02 PM
    • 44 Posts
    • 2 Thanks
    redviking
    • #4
    • 5th Aug 18, 9:02 PM
    • #4
    • 5th Aug 18, 9:02 PM
    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.
    Originally posted by The Deep

    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
    • By redviking 5th Aug 18, 9:03 PM
    • 44 Posts
    • 2 Thanks
    redviking
    • #5
    • 5th Aug 18, 9:03 PM
    • #5
    • 5th Aug 18, 9:03 PM
    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.
    Originally posted by KeithP

    it is a letter of claim as mentioned in my original post yes.
    • KeithP
    • By KeithP 5th Aug 18, 9:09 PM
    • 11,255 Posts
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    KeithP
    • #6
    • 5th Aug 18, 9:09 PM
    • #6
    • 5th Aug 18, 9:09 PM
    it is a letter of claim as mentioned in my original post yes.
    Originally posted by redviking
    Then you now know exactly what to do.
    .
    • redviking
    • By redviking 5th Aug 18, 9:48 PM
    • 44 Posts
    • 2 Thanks
    redviking
    • #7
    • 5th Aug 18, 9:48 PM
    • #7
    • 5th Aug 18, 9:48 PM
    Then you now know exactly what to do.
    Originally posted by KeithP


    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
    • By KeithP 5th Aug 18, 10:09 PM
    • 11,255 Posts
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    KeithP
    • #8
    • 5th Aug 18, 10:09 PM
    • #8
    • 5th Aug 18, 10:09 PM
    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.


    I don't think telling BW Legal my financial situation is right, or legal
    Originally posted by redviking
    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.
    Last edited by KeithP; 05-08-2018 at 11:55 PM.
    .
    • redviking
    • By redviking 6th Aug 18, 9:03 PM
    • 44 Posts
    • 2 Thanks
    redviking
    • #9
    • 6th Aug 18, 9:03 PM
    • #9
    • 6th Aug 18, 9:03 PM
    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
    • By Umkomaas 6th Aug 18, 9:36 PM
    • 20,582 Posts
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    Umkomaas
    I'll have to have a good read from the stickys as there is a fair bit of conflicting information on the next step,
    Originally posted by redviking
    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, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • Johnersh
    • By Johnersh 6th Aug 18, 9:56 PM
    • 1,183 Posts
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    Johnersh
    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.
    "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.
    • redviking
    • By redviking 6th Aug 18, 10:41 PM
    • 44 Posts
    • 2 Thanks
    redviking
    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.
    Originally posted by Johnersh


    Thanks for your input
    • KeithP
    • By KeithP 6th Aug 18, 10:46 PM
    • 11,255 Posts
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    KeithP
    Well at least you got thanked Johnersh, no-one else has.
    .
    • redviking
    • By redviking 6th Aug 18, 10:50 PM
    • 44 Posts
    • 2 Thanks
    redviking
    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.
    Originally posted by Umkomaas


    I read on another post similar to mine, that I had 14 days to reply, my letter says 30 days.


    There is so much information to read, i'm unsure on how much detail to go into when contacted them to dispute the charge


    They are asking me for payment or reasons why I dispute the debt.
    • redviking
    • By redviking 6th Aug 18, 10:53 PM
    • 44 Posts
    • 2 Thanks
    redviking
    Well at least you got thanked Johnersh, no-one else has.
    Originally posted by KeithP


    If the reply isn't condescending it will be thanked, like I have on many posts
    • KeithP
    • By KeithP 6th Aug 18, 10:53 PM
    • 11,255 Posts
    • 11,823 Thanks
    KeithP
    I read on another post similar to mine, that I had 14 days to reply, my letter says 30 days.
    Originally posted by redviking
    It's been 30 days since 1st October 2017.

    Were you perhaps reading something older than that?
    .
    • KeithP
    • By KeithP 6th Aug 18, 10:56 PM
    • 11,255 Posts
    • 11,823 Thanks
    KeithP
    Well at least you got thanked Johnersh, no-one else has.
    Originally posted by KeithP
    If the reply isn't condescending it will be thanked, like I have on many posts
    Originally posted by redviking
    At the time I made my comment you had thanked no-one, other than Johnersh, on this thread.

    You have in the last ten minutes thanked two other posts on this thread.
    .
    • redviking
    • By redviking 6th Aug 18, 11:04 PM
    • 44 Posts
    • 2 Thanks
    redviking
    At the time I made my comment you had thanked no-one, other than Johnersh, on this thread.

    You have in the last ten minutes thanked two other posts on this thread.
    Originally posted by KeithP


    Your first reply was very condescending when I merely gave a brief introduction, you then went on to ask is it a letter of claim, which my original post clearly states. Suggesting you didn't read my original post.


    I came here for advice on what to include in my response to BW Legal, I didn't come here to be patronised
    • Johnersh
    • By Johnersh 7th Aug 18, 6:26 AM
    • 1,183 Posts
    • 2,249 Thanks
    Johnersh
    I read on another post similar to mine, that I had 14 days to reply, my letter says 30 days.
    You need to understand that the letter of claim is pre-action. The time limits set out in letters are largely advisory not compulsory. There are suggested response times, but the PPC can ask you to reply by whenever...

    Once court proceedings start, time limits are set in stone and are missed at your peril. The dates given for the stages are often expressly provided for by the civil procedure rules (CPR) which are available via Google...
    "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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