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  • FIRST POST
    • rsturbomad
    • By rsturbomad 9th Aug 18, 2:53 PM
    • 3Posts
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    rsturbomad
    BW Legal - LBC?
    • #1
    • 9th Aug 18, 2:53 PM
    BW Legal - LBC? 9th Aug 18 at 2:53 PM
    Hello all,

    I have read read through the heaps of info on this board and it has been very useful. You people do a fantastic job helping us all out. I have a few questions and would like to apologise in advance if this has been answered before but I haven't been able to find the answers so far. Furthermore I have some example letters which you all may find useful.

    Specifics
    I received PCN last year 11/17 from NCP for parking without payment... I didn't actually park nor leave the vehicle as I was picking up my better half and her friend. This is an activity I have done a fair few times however...I was completely oblivious to the recently fitted ANPR camera which snapped me on entrance and exit. (however no proof of actual parking)

    I was infuriated when the cowboys from NCP sent threatening letters demanding £60 with and increase to £100 if I didn't cough up soon! This was completely out of proportion to the time I was in the carpark (around 10mins if I remember rightly) so I did a little research at the time and chose not to respond. I would have happily paid up if it was reasonable. Moreover I frequently use this car park and have a lot of proof of payment. Just want to be clear I am not the kind of person who just racks up PCN's for the laugh - I'll happily pay my way if I am actually parking my car.

    Since then I have received multiple letters from NCP, TRACE, Gladstones & now after a fair amount of time.. BW Legal. Below are the letters I received this month - may be worth mentioning that both letters were posted in the same envelope: -
    ================================================== ========================
    NCP
    Your account has been passed to our legal team
    Date:
    Account Reference:
    Outstanding Balance: £ 160,00
    Dear *****
    As you have failed to make arrangements to pay your account Balance to ourselves (NCP) or to our debt collection provider TRACE Debt Recovery UK Limited, your account has now been sent to BW Legal, who are our approved legal service provider.

    They will contact you regarding payment of the outstanding Balance. All future contact and correspondence relating to this debt should now be referred to them with immediate effect.
    You must call them on 0113 323 4479 — they’ll be able to help you.

    Their address is:
    3W Legal
    Enterprise House
    Apex View
    Leeds
    LSI1 9BH
    Telephone Number: 0113 323 4479
    Web Address:


    If you have any questions about this letter or your outstanding Balance, please call BW Legal on the number shown above.
    ================================================== ========================================
    BW Legal

    Our Client: National Car Parks Limited Date of Contravention:
    Account Number: Balance Due: £160.00
    Vehicle Registration:

    Contravention Description: Parked without payment of the parking charge
    Contravention Location:


    We have been instructed by National Car Parks Limited (NCP) and TRACE Debt Recovery UK Limited in relation to the Balance Due for the above Parking Charge Notice (PCN”).

    The Balance Due of £160.00 includes the PCN charge plus Our Client’s initial legal costs of £60.00, which are
    detailed in the car park or signage terms and conditions, Our Client’s terms and conditions are clearly displayed in our client signage.

    As you have failed to make a payment or raise an appeal within 28 days from the date of the PCN, the Balance Due remains outstanding and we require payment in full within 16 days from the date of this letter, If you fail to make payment or provide reasons for non-payment within the specified timeframe, we will seek Our Client’s instructions to commence legal proceedings against you in the County Court upon being served with a Letter of Claim pursuant to the Pre-action Protocol for Debt Claims as contained within the Civil Procedure Rules.

    County Court Proceedings
    In the event County Court proceedings are issued, you may be liable for Court fees, further solicitors’ costs and
    statutory interest. If Our Client successfully obtains a County Court Judgment (“CCJ”) against you, then a CCJ may be recorded on your credit file for 6 years unless you satisfy the CCJ in full within a month of the CCJ being
    entered. A CCJ on your credit file may affect your ability to obtain future credit and may affect your
    employability. Our Client also reserves the right to commence enforcement proceedings against you for recovery of the Balance Due.

    What do you need to do next
    It is important you contact us to resolve your account. We are keen to work with you and one of the quickest ways to review your account is to register on our Customer Portal by visiting . Through our Customer Portal, you can make a payment, advise us of any disputes against the PCN, upload documentation to support your dispute and communicate with us via web chat.

    Call us today on 0113 323 4479if you would prefer to discuss your account with one of our helpful team.
    ================================================== ========================

    Questions
    1. I have had trouble finding examples of LBC's. Is this letter from BW an LBC?
    2. Should I respond robustly now or should I wait?
    3. Gladstones then BW..do G'stones know something that BW don't?
    Your help is greatly appreciated.

    Turbo
Page 1
    • Umkomaas
    • By Umkomaas 9th Aug 18, 3:04 PM
    • 18,897 Posts
    • 29,769 Thanks
    Umkomaas
    • #2
    • 9th Aug 18, 3:04 PM
    • #2
    • 9th Aug 18, 3:04 PM
    Questions
    1. I have had trouble finding examples of LBC's. Is this letter from BW an LBC?
    2. Should I respond robustly now or should I wait?
    3. Gladstones then BW..do G'stones know something that BW don't?
    1. If it threatens court you should be treating potentially as one. But it does need to comply with the Pre-Action Protocol for Debt Collection (PAP) so read up on that and in your robust response (examples linked in the NEWBIES FAQ sticky, post #2) require them to provide you with every bit of information to which you are entitled.

    https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf

    2. Once you got your head round how to do it properly - don't knee-jerk this.

    3. BWL seem to have lost 2 of their major 'customers' and appear to be touting their 'service' around the bottom-feeders, or those not previously pursuing litigation, in PPC-world.

    So you have NCP, Gladstones, Trace and now BWL handling your personal data. Time to give them all a shock to their systems and drop a SAR-bomb on each of them. Fully loaded and let it explode on their desks! That should nicely tie them up for a while! Here's some background and advice:

    https://forums.moneysavingexpert.com/showthread.php?t=5849784
    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.
    • rsturbomad
    • By rsturbomad 9th Aug 18, 8:48 PM
    • 3 Posts
    • 0 Thanks
    rsturbomad
    • #3
    • 9th Aug 18, 8:48 PM
    • #3
    • 9th Aug 18, 8:48 PM
    Many tanks for your quick response. I shall have a read and start prepping my letter.
    • Umkomaas
    • By Umkomaas 9th Aug 18, 10:25 PM
    • 18,897 Posts
    • 29,769 Thanks
    Umkomaas
    • #4
    • 9th Aug 18, 10:25 PM
    • #4
    • 9th Aug 18, 10:25 PM
    Many tanks for your quick response
    I know I said 'SAR-bomb', but that's taking things a bit too literally!
    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.
    • The Deep
    • By The Deep 10th Aug 18, 9:40 AM
    • 9,968 Posts
    • 9,764 Thanks
    The Deep
    • #5
    • 10th Aug 18, 9:40 AM
    • #5
    • 10th Aug 18, 9:40 AM
    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.
    • rsturbomad
    • By rsturbomad 11th Aug 18, 12:36 PM
    • 3 Posts
    • 0 Thanks
    rsturbomad
    • #6
    • 11th Aug 18, 12:36 PM
    • #6
    • 11th Aug 18, 12:36 PM
    I know I said 'SAR-bomb', but that's taking things a bit too literally!
    Originally posted by Umkomaas
    Haha - I meant to do that...honest.

    Been reading through the SAR / GDPR stuff and it suddenly dawned on me..I no longer own the vehicle. Does that complicate the SAR request at all?

    I have the majority of my letter wrote and wondered is it worth mentioning the specifics? More so the fact that I didn't park / leave the vehicle.

    Cheers
    Turbo
    • Umkomaas
    • By Umkomaas 11th Aug 18, 12:48 PM
    • 18,897 Posts
    • 29,769 Thanks
    Umkomaas
    • #7
    • 11th Aug 18, 12:48 PM
    • #7
    • 11th Aug 18, 12:48 PM
    Been reading through the SAR / GDPR stuff and it suddenly dawned on me..I no longer own the vehicle. Does that complicate the SAR request at all?
    It's not so much about the car details it's about what personal data they hold and have dealt with about you, not your car.

    Whatever the situation is with the car, the PPC wouldn't know its current ownership, so I wouldn't worry about that.
    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.
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