• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Bw legal letter of claim

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Bw legal letter of claim

    There are many similar threads on here so please accept my apologies for starting a new one, I just want to make sure that I do the correct thing in respect of replying to this letter - as I understand it, the letter can't be ignored (like the previous ones have been)

    I have received a "letter of claim" from BW LEGAL -

    the "contravention" states that a vehicle, of which I am the registered keeper has overstayed in a carpark. The nature of the carpark is that it is a free to use carpark with a two hour stay, outside a retail centre, Halfords, Pets at home etc. The date of the "contravention" is 15th July 2017 and The notice to keeper, etc that had come through from Total Parking Solutions were duly filed in the kitchen bin as I am aware that there is no need to pay these speculative invoices.

    There are a couple of points to note.

    Firstly, the van is driven by one of three different people (and never me) so I can't be sure who was driving at the time

    secondly, the ANPR pictures that were sent to me at the beginning show a time of entry and a time of exit that were both well after the shops were shut and so my feeling is that the driver had not inconvenienced anyone and had not prevented people from using the shopping facilities either.

    Should I use the standard letter of response that is on here for dealing with these guys or is there something more specific that i can do to make this go away.

    I am aware that they take less than 0.1% of these through to court, but given my run of awful luck recently, I would be that one. I don't really want to pay them £124 for someone else's late night parking and I also don't want to go to court.

    I am sorry for the rambling and I will be able to upload a sanitised version of the letter, should that be of any help.

    Many thanks for taking the time to read this, any pointers Gratefully received

    Tags: None

  • #2
    Hi & welcome to LB.

    Shame you've binned the previous letters....you're probably going to need them.
    No worries though, you can ask for them via your Letter Before Claim response.

    Is this a company vehicle, or is it privately registered in your name?
    I'm guessing you have not ID'd who was driving at the relevant time?
    Do you live in England/Wales?
    & can you get pics of the car park signage?

    & yes, please post up a sanitised version of the solicitor's letter.
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Thanks for your reply

      I have had a similar situation in the past and they stopped writing after the first 6 or 7 letters - at that time it was a family member driving who I didn't want to ID. I am aware that this 'speculative invoice' doesn't need to be paid but I am surprised that they now have gone to the trouble of getting a 'law firm' involved with this one..

      The vehicle is privately registered to me
      I am in England
      I can't/haven't ID'd the driver
      I can try to find pictures of the carpark sign - I could go there and take some, I don't go there very often and its a bit of a distance, is it essential? (I don't want to sound lazy)


      here is the letter, it came with the enclosures that are mentioned on page 1 but I didn't think they need photographing (can if necessary)

      Yours hopefully


      Click image for larger version

Name:	IMG_4843.JPG
Views:	1
Size:	87.2 KB
ID:	1388242Click image for larger version

Name:	IMG_8004.JPG
Views:	1
Size:	157.1 KB
ID:	1388243

      Comment


      • #4
        Legally_Clueless try google street view or googling the car park to see if there are any images that might incidentally include the sign.
        COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

        My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

        Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

        Comment


        • #5
          Originally posted by jaguarsuk View Post
          Legally_Clueless try google street view or googling the car park to see if there are any images that might incidentally include the sign.
          Hi Jaguar

          One problem with that is, even if you can view, the pics on there may be out of date.
          As the wording of the signage present at the time of the alleged parking incident is vitally important, you need to be careful.

          Legally_Clueless
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #6
            Originally posted by charitynjw View Post

            Hi Jaguar

            One problem with that is, even if you can view, the pics on there may be out of date.
            As the wording of the signage present at the time of the alleged parking incident is vitally important, you need to be careful.

            Legally_Clueless
            Good point, well made.

            Is it worth an SAR to Total Parking Scumbags to get copies of all the previous correspondence as Id bet they didn't send the "Terms" with the PCN originally?
            COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

            My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

            Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

            Comment


            • #7
              Originally posted by jaguarsuk View Post

              Good point, well made.

              Is it worth an SAR to Total Parking Scumbags to get copies of all the previous correspondence as Id bet they didn't send the "Terms" with the PCN originally?
              No need.
              You can ask for all of this in the response to the Letter Before Claim.
              & more.....

              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #8
                Originally posted by charitynjw View Post

                No need.
                You can ask for all of this in the response to the Letter Before Claim.
                & more.....

                *Best Mr Burns from the Simpsons voice* Exxxcellent
                COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                Comment


                • #9
                  This is all wonderful, thank you - as it has transpired, I have to go to see a client, about 800 yards from this carpark, this afternoon and so I will pop by and photograph the signs that are there. I'll be back with you soon.

                  Comment


                  • #10
                    Legally_Clueless


                    Regarding the annex forms.
                    Tick Box D - I dispute the debt.
                    Tick Box G - write 'PossiblyCAB'
                    Tick Box I - say 'See covering letter'
                    Print, sign and date.
                    I wouldn't tell them anything about your income and expenditure....do not complete this as it could imply admittance of liability.

                    Re covering letter, I've bashed out an example.....add/delete/amend/ignore as you wish.
                    Attached Files
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb


                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.


                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment


                    • #11
                      charitynjw So, following the trip into town, here are the photos of the signs - there are a few of the latter ones (4 or 5) and the other one is at the entrance to the car park Thankyou for your cover letter and advice - it is greatly appreciated and I will make good use thereof.

                      I am guessing from this that I will be in for a frank exchange of letters over the next few weeks and months?!?!! Click image for larger version

Name:	IMG_8118.JPG
Views:	1
Size:	126.7 KB
ID:	1388312Click image for larger version

Name:	IMG_9260.JPG
Views:	1
Size:	108.7 KB
ID:	1388313

                      Comment


                      • #12
                        Ok....now we need that Notice to Keeper.

                        Send your response to the LBC within the PAP timeframe ....get proof of postage.
                        The new pre action protocol allows for 30 days from the date of the Letter Before Claim, so don't go by their date on the LBC.
                        I make it deadline 24th Feb.
                        CAVEAT LECTOR

                        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                        You and I do not see things as they are. We see things as we are.
                        Cohen, Herb


                        There is danger when a man throws his tongue into high gear before he
                        gets his brain a-going.
                        Phelps, C. C.


                        "They couldn't hit an elephant at this distance!"
                        The last words of John Sedgwick

                        Comment


                        • #13
                          Hi, thanks for all the help thus far - I have today received a letter saying that they are putting my file "on hold" and will be taking instructions from their client - (TPS) and will be in touch following a response to my query

                          My hope is that this will be the end of it but I will keep you posted.

                          Comment


                          • #14
                            Hi All, I'm afraid the I am back - with a very ambiguous response from BW Legal. They haven't really answered any of the questions I raised in the letter I sent them - copies attached of response,

                            any advice greatly received

                            Attached Files

                            Comment


                            • #15
                              Hello Legally-Clueless. These Highwaymen are chasing me as well and I have read all of the posts on here, including the 'default' letter that was written for you ( that I was about to use ) ..... and then the thread stops on May 8th! What did you do next please???? Thank you.
                              Last edited by Videoman; 7th September 2018, 20:11:PM.

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                              Working...
                              X