VCS - BW Legal Final Notice - Speke, Liverpool

[thegoldenvision]

I have been having a read through the forums and there is a lot of useful advice relating to VCS/BWLegal and their various pressure tactics. I am attempting seek some advice as I am unsure how best to repsond to a final notice letter as I feel that if it goes to court VCS are technically correct in that I was stopped where they claim I was. So far I have appealed to VCS and an IAS, both of which were refused, but I think that in those appeals I am more or less admitting liability. After the IAS appeal I ignored the subsequent VCS letter and then responded to the intials BW Legal letter. I have now (22/8) received a Final Notice which, upon forum searches, I can see is a standard letter, but I don't know where to go from here. I have received some pointers/advice on the pepipoo forum but nothing seems to relate to anything similar to my case. FWIW I have listed the correspondence to date below.

My Initial Response to the PCN

You issued me with a parking charge notice on 22^nd January 2016 but I believe it was unfairly issued. I will not be paying your demand for payment for the following reason:

Mitigating Circumstances
There are mitigating circumstances to explain why I parked where I did and I am requesting that the charge be waived for this reason.

I was due to attend an interview at premises in the concerned business park. I had already driven completely around the park once in an attempt to locate the entrance to the premises. The vehicle was made stationary whilst I used sat nav (as shown in your second image) to ascertain the correct directions for the entrance to the premises as this was the far safer option than continuing to drive whilst using the sat nav. At no point was the engine switched off and as soon as the correct location was ascertained I moved the vehicle away.

If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you respond to the points raised.

I subsequently appealed online to an IAS and this was also denied. After ignoring a further VCS letter I received this from BW Legal

https://archive.org/download/bwlegal...al_initial.jpg


And my response was

Regarding your intention to claim £54 for legal services, I refer you to Civil Procedure Rules 27.14 and to the Protection of Freedoms Act 2012 in which it is made clear you are unable to claim £54 for legal services

If your client intends court proceedings, please provide a properly formatted Letter Before Claim that fully complies with the requirements of the Practice Direction on Pre-action conduct and Protocols. I will then be in a position to provide a more detailed response

If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you respond to the points raised.

And in response they then sent this which seems to be a standard template letter

https://archive.org/download/bwlegal/bwlegal.jpg

So, where do I go from here?

[mystery1]

Re: VCS - BW Legal Final Notice - Speke, Liverpool

Is this at the airport for a no stopping charge ?

M1

[thegoldenvision]

Re: VCS - BW Legal Final Notice - Speke, Liverpool

Is this at the airport for a no stopping charge ?

M1

No it is the business park just before you get to the airport, but it is run by the same people.

The bit in blue is where I was stationary (for less than 2 mins with the engine running)

[ostell]

Re: VCS - BW Legal Final Notice - Speke, Liverpool

Yet again this is an area between the old airport and the new. Strange that the byelaws for the airport can be found but the map defining the area is missing.

[mystery1]

Re: VCS - BW Legal Final Notice - Speke, Liverpool

Edit to suit












Dear BW Legal,




I write in response to your final notice which i take to be a letter before action dated 20th June 2016, the contents of which are noted.






As the pre action protocols expect us to exchange sufficient information to understand each others position please forward to myself the original parking charge notice and a picture of the signs at the location as well as the operators contract which allows them to operate at the site (or indeed confirmation they own the land in question).




As well as the information already requested please answer the following questions :-






Is this land part of the Airport as defined in the byelaws ?


What type of car park is it ?


What contravention gives a cause of action ?


Who contravened your rules ?


Who you are pursuing ?




How is the £154 made up ?




Not only will this information help comply with the pre action protocols it will also help achieve the over riding objective.






Having done some research on your claims i request that if you ignore my requests for information that your claim complies with




CPR 16




Contents of the claim form
16.2
(1) The claim form must –
(a) contain a concise statement of the nature of the claim


Contents of the particulars of claim
16.4
(1) Particulars of claim must include –
(a) a concise statement of the facts on which the claimant relies;






Practice direction 16




Other matters to be included in particulars of claim




7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.




Practice direction 22


Who may sign the statement of truth
3.1 In a statement of case, a response or an application notice, the statement of truth must be signed by


(2) the legal representative of the party or litigation friend.




3.7 Where a party is legally represented, the legal representative may sign the statement of truth on his behalf. The statement signed by the legal representative will refer to the client’s belief, not his own. In signing he must state the capacity in which he signs and the name of his firm where appropriate.


3.9 The individual who signs a statement of truth must print his full name clearly beneath his signature.


3.10 A legal representative who signs a statement of truth must sign in his own name and not that of his firm or employer.






Practice direction 7E




Signature
10 Any provision of the CPR which requires a document to be signed by any person is satisfied by that person entering their name on an online form.






I await your response.




Yours sincerely








Send via email if possible.




M1

[thegoldenvision]

Re: VCS - BW Legal Final Notice - Speke, Liverpool

I've now received a Letter of Claim which looks to be a standard mailmerge letter threatening estimated costs and legal proceedings.

[mystery1]

Re: VCS - BW Legal Final Notice - Speke, Liverpool

Email them a copy of the previous letter and ask why they have sent another letter with escalated threats without a response. (it may have crossed in the post)

M1

[thegoldenvision]

Re: VCS - BW Legal Final Notice - Speke, Liverpool

So i've finally had a response from BW Legal and they have answered all of the points in my letter to them. The only contentious thing I can see in the letter is that they state I breached the terms by not displaying a valid ticket/permit but this is irrelevant as they are pursuing me on the basis that I stopped in an area where stopping is prohibited. I take it I know just wait for them to forward the requested documents?

https://ia801504.us.archive.org/14/i...20response.JPG

[mystery1]

Re: VCS - BW Legal Final Notice - Speke, Liverpool

Well it's on hold so that's a result for now.

The way the talk about or CPR 16 point makes me laugh as clearly they skim read the 1st time they ever read that letter and now don't even bother. It was letting them know what they should do IF they lodge a claim as we know they don't follow the civil procedure rules when they do.

M1