BW LEGAL

[mystery1]

Re: BW LEGAL

This isn't a crime or a tax but i think you'd struggle to to make a case for a breach of the DPA.

M1

[marmitex1234]

Re: BW LEGAL


Have had FINAL NOTICE from BW Legal, signed by that well known solictor Mr B W Legal, however the letter does say "if the full balance is not paid in 10 days our client has instructed us to commence County Court proceedings"
They have the wrong date on the letter they refer to (minor error)
They also state that as the IAS have dismissed my appeal then the County Court WILL find me guilty ( thet must have mystic megs crystal ball)
I have replied denying the debt etc etc
any avice?
Marmite

[mystery1]

Re: BW LEGAL

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 :-


What type of car park is it ?


What contravention gives a cause of action ?


Who contravened your rules ?


Who you are pursuing ?


Have you followed the rules laid down in the Protection of freedoms act 2012 schedule 4 ?


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

[marmitex1234]

Re: BW LEGAL

Any particular reason for e mail?
The less pestering i get from these blokes the better
Marmite

[mystery1]

Re: BW LEGAL

Quicker and cheaper as well as being harder to say they didn't get it. Post is acceptable too, if you wish.

M1

[marmitex1234]

Re: BW LEGAL

yes i will email them next week, belt and braces.
thanks
marmite

[seduraed]

Re: BW LEGAL

Before you send the email make sure you have ticked the recept on read box . That wil allow you to prove that they have read the email .

[marmitex1234]

Re: BW LEGAL

OK
So lets say things progress and I get a court claim form
Have I got the sequence of events correct ie

1. Reply to the form and say "defend in full"
2. Submit my defence but just in bullet point form eg 1 lack of signage 2 wrong name on pcn 3 failure to adhere to Code of Practice etc
3. Submit my full defence expanding on the above points with documents/photos as exhibits

Sowhen do i do the above as i am sure i have read (we VCS'S rep and me) have to exchange all the documents we wil be relying on, I dont want to "show my hand too soon"
Marmite

[mystery1]

Re: BW LEGAL

1. Correct, file acknowledgement of service. Gives 14 days extra, so a total of 33 days from the date on the form.

2. Wrong. Submit defence in full, but not generally your arguments or evidence which is to be submitted at a later date or even on the day in the case of argument (orally)

3. Follow the courts guidance for filing evidence, usually at least 14 days before.

M1

[marmitex1234]

Re: BW LEGAL

1. Correct, file acknowledgement of service. Gives 14 days extra, so a total of 33 days from the date on the form.

2. Wrong. Submit defence in full, but not generally your arguments or evidence which is to be submitted at a later date or even on the day in the case of argument (orally)

3. Follow the courts guidance for filing evidence, usually at least 14 days before.

M1

So i quote which section of the code of practice they have breached- with an explanation why i think they have breched it?
Also do i say i have say 3 documents from a,b and c which proves the ticket is wrong, or do i say i have 1 title absolute from Land registry, 1 letter from Local Planning Dept, 1 copy ordnance survey plan?
just dont want to show my hand too soon but dont want to be "barred" from giving evidence
marmite

[mystery1]

Re: BW LEGAL

You have to give them copies.

Just say the section of the COP but don't quote it. You can quote it later.

M1

[marmitex1234]

Re: BW LEGAL

Thanks
So when would you submit your full defence, with reference to exhibits, references to codes of practice etc? ( with the initial court form?)
Sorry but i have downloade various info regarding the Small Claims Court procedure, but all seem to skim over this important point
marmite

[mystery1]

Re: BW LEGAL

You get 5 days for service + 14 days to do something and 14 more if you file AoS. Anytime within the allowed time is fine. If it's ready there really isn't much point not doing it.

No need to send the claim form as all parties already have it.

M1

[marmitex1234]

Re: BW LEGAL

I curently have about 6 defence points including, signage, wrong details on ticket, not following code of practice; plus about 5 pages of arguements with 15 exhibits, so you are saying post "the lot" as soon as you get the court form/
sorry if i am giving you the impression i am a bit thick, but will that not be showing my opponent my hand and giving him more of an opportunity to defeat me in court?
Or, will it give the judge the chance to see the (here's hoping) i have a good case, and tell my opponent not to waste the courts time and drop the claim?
marmite

[mystery1]

Re: BW LEGAL

The opponent gets your defence. The period for filing that stops once you file it and the next stage starts so they get no longer or shorter whenever you file it.

I'm saying post it when you are happy with it.

M1