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    • igotafine
    • By igotafine 6th Aug 18, 8:31 PM
    • 22Posts
    • 2Thanks
    Received a aLetter before court, please could you help with my response
    • #1
    • 6th Aug 18, 8:31 PM
    Received a aLetter before court, please could you help with my response 6th Aug 18 at 8:31 PM
    Hi all,

    As the title suggests, a letter before court was received and the keeper isn't sure how to respond. I made a post on Pepipoo and they pointed me here, they were pretty helpful but all the letters here look very specific and not sure if they relate to my case. I copied one of Coupon-mad's letters and change very little (took out some specifics) but I'm not sure if this is enough or even relevant to the case.

    I can't attach the letters here or attach any links, as my account is new but if you Google "nasc pepipoo" it's the top result and at the top of the page there's a link that takes to the main post, where my letters are attached. It's titled "BW Legal threatening to take me to County Court"

    Below is what I posted to Pepipoo:
    A few months ago the driver parked at a private car park twice in a row and it was the drivers fault a bit as to why they didn't pay it.
    They were in a rush for a job interview and ran to the ticket machine but it wasn't accepting card payment, even-though the card worked everywhere else that day, so the driver left it and ran to the interview, there was a second interview the next day and exactly the same thing happened. Could of payed by phone, however, was in too much in a rush to do so. The company parked at is National Car Parks (NPC). NPC sent a bunch of letters, which were ignored, I think, and they now have passed the debt onto BW Legal, who are threatening to take the keeper to county court for around 500 for both tickets. I think the form is saying only 320 has to be payed if it's before this gets taken to court. Do you think the keeper should just pay up front now or do you think they are charging an unreasonable amount? Do you think the keeper will pay less if taken to court. The keeper is also currently under a debt management plan. I have attached the letter they sent (they sent 2 of these).

    Any help would be really appreciated, thanks.

    FYI- I don't have any proof of trying to pay or that the card machine part wasn't working.

    This is the keeper's response letter:
    Dear Sirs,

    Thank you for your letter of claim. This is regarding accounts

    You have now sent a Letter Before Claim. However, your letter contains insufficient detail of the claim and fails to provide any photographic evidence. It does not even say what the cause of action is. Nor does it contain any mention of what evidence your client intends to rely on, or enclose copies of such evidence.

    This action on the part of your client is a clear breach of its pre-action obligations set out in the Practice Direction - Pre-Action Conduct, with which as solicitors you must surely be familiar (and with which your client, a serial litigator of small claims, must also be familiar). As you (and your client) must know, the Practice Direction binds all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time.

    Nobody, including your client, is immune from the requirements and obligations of the Practice Direction.

    I require your client to comply with its obligations by sending me the following information/documents:

    1. an explanation of the cause of action
    2. whether they are pursuing me as driver or keeper
    3. whether they are relying on the provisions of Schedule 4 of POFA 2012
    4. what the details of the claim are (where it is claimed the car was parked, for how long, how the monies being claimed arose and have been calculated, what contractual breach (if any) is being claimed)
    5. a copy of the contract with the landowner under which they assert authority to bring the claim
    6. a copy of any alleged contract with the driver
    7. a plan showing where any signs were displayed
    8. details of the signs displayed (size of sign, size of font, height at which displayed)
    9. If they have added anything on to the original charge, what that represents and how it has been calculated.

    I am clearly entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction. I also need it in order to comply with my own obligations under paragraph 6(b).

    If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) !!!8211; Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and (c) and 16.

    Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.

    Yours faithfully,
    Is it too generic or will it do?

    Thanks in advance.
    Last edited by igotafine; 07-08-2018 at 11:23 AM.
Page 1
    • KeithP
    • By KeithP 6th Aug 18, 8:38 PM
    • 12,809 Posts
    • 13,778 Thanks
    • #2
    • 6th Aug 18, 8:38 PM
    • #2
    • 6th Aug 18, 8:38 PM
    I would strongly suggest that you remove NCP's reference numbers from you post.

    Although, having said that, if they are on Pepipoo as well you may already be too late.

    The parking companies trawl forums like this just waiting for people to trip themselves up.

    As pointed out on Pepipoo, you seem to not understand the importance of differentiating between the driver and the keeper.

    It was the driver that parked but it is the keeper that received the Letter of Claim.

    Why would the driver "just pay up"? No-one has asked the driver to pay anything. The driver will not be taken to court.
    Last edited by KeithP; 06-08-2018 at 9:21 PM.
    • beamerguy
    • By beamerguy 6th Aug 18, 10:06 PM
    • 10,508 Posts
    • 13,896 Thanks
    • #3
    • 6th Aug 18, 10:06 PM
    • #3
    • 6th Aug 18, 10:06 PM
    What I don't understand is that NCP, a very old parking company,
    get in to bed with BWLegal ???

    Don't NCP know what is going on ????

    BWLegal - the list of failures growing t

    • Umkomaas
    • By Umkomaas 6th Aug 18, 10:14 PM
    • 21,967 Posts
    • 34,624 Thanks
    • #4
    • 6th Aug 18, 10:14 PM
    • #4
    • 6th Aug 18, 10:14 PM
    What I don't understand is that NCP, a very old parking company,
    get in to bed with BWLegal ???

    Don't NCP know what is going on ????

    BWLegal - the list of failures growing t
    Originally posted by beamerguy
    It looks like BWL have lost their major customers (Excel and VCS who both now seem to be doing litigation solo). Probably now offering bargain basement rates to those with no previous litigation experience, or those who've majorly flucked up previously (and expensively in the case of NCP who were 120k down against James Mayhook some years ago, when they clamped his car and wouldn't release it - Ouch!).
    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.
    • igotafine
    • By igotafine 7th Aug 18, 11:29 AM
    • 22 Posts
    • 2 Thanks
    • #5
    • 7th Aug 18, 11:29 AM
    • #5
    • 7th Aug 18, 11:29 AM
    Thanks for the help, sorry, I've made the changes regarding driver & keeper. I tried to make the changes in Pepipoo but I can't work out how to, I've logged in and gone to the post but there's no edit button.

    I've removed the reference numbers, thanks for pointing that out, I left them in by mistake.
    I didn't post that letter to Pepipoo, so it should be fine.

    Please could someone advise if my letter is okay to send as is?
    • igotafine
    • By igotafine 14th Oct 18, 12:29 PM
    • 22 Posts
    • 2 Thanks
    • #6
    • 14th Oct 18, 12:29 PM
    • #6
    • 14th Oct 18, 12:29 PM
    Thanks for all the help �� they sent me a letter saying they're delaying the case, so hopefully it'll be the last I what from them.
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