Bw legal- letter before court claim

[R0b]

Here it is. A little old but the main body of it is still relevant you just need to adapt to suit your needs.

[Darren104]

Here it is. A little old but the main body of it is still relevant you just need to adapt to suit your needs.

Thank you Bob, I will draft a letter and post up on here before i send it. Thank you.

[Darren104]

Thank you Bob, I will draft a letter and post up on here before i send it. Thank you.

I am writing to acknowledge receipt of the above generic template letter, dated 18/09/2020.

I am seeking debt advice, but I deny any debt, and the case must be put 'on hold' for not less than 30 days under the Pre-Action Protocol for debt claims 2017.

I have sent your client a SAR

Since you draw my attention to the Ministry of Justice’s advised Pre Action Conduct and Protocol I now offer my full response in following the procedure.

I refer to paragraph 5 Disclosure of Documents...

Early disclosure of documents and relevant information can help to clarify or resolve any issues in dispute. Where any aspect of the debt is disputed (including the amount, interest, charges, time for payment, or the creditor’s compliance with relevant statutes and regulations), the parties should exchange information and disclose documents sufficient to enable them to understand each other’s position.

Please supply all documents you intend to reply on in your case.

I request a true breakdown and full calculation of all your costs of how you have arrived at the figure of £160 including legal costs. The only financial loss incurred by your client is the £2.50 fee to the DVLA to obtain my keeper’s details.

Paragraph 6 Taking Steps to Settle the Matter and Alternative Dispute Resolution 6.1

I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.

In order to comply with the courts Pre-action-protocols, please do me the courtesy of reading and replying to this letter. Please do not send me a generic template letter which does not address my requests for further information.

Yours faithfully,

[Darren104]

I am writing to acknowledge receipt of the above generic template letter, dated 18/09/2020.

I am seeking debt advice, but I deny any debt, and the case must be put 'on hold' for not less than 30 days under the Pre-Action Protocol for debt claims 2017.

I have sent your client a SAR

Since you draw my attention to the Ministry of Justice’s advised Pre Action Conduct and Protocol I now offer my full response in following the procedure.

I refer to paragraph 5 Disclosure of Documents...

Early disclosure of documents and relevant information can help to clarify or resolve any issues in dispute. Where any aspect of the debt is disputed (including the amount, interest, charges, time for payment, or the creditor’s compliance with relevant statutes and regulations), the parties should exchange information and disclose documents sufficient to enable them to understand each other’s position.

Please supply all documents you intend to reply on in your case.

I request a true breakdown and full calculation of all your costs of how you have arrived at the figure of £160 including legal costs. The only financial loss incurred by your client is the £2.50 fee to the DVLA to obtain my keeper’s details.

Paragraph 6 Taking Steps to Settle the Matter and Alternative Dispute Resolution 6.1

I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.

In order to comply with the courts Pre-action-protocols, please do me the courtesy of reading and replying to this letter. Please do not send me a generic template letter which does not address my requests for further information.

Yours faithfully,

Do you think i should just use the top part of the letter by just telling them i'm receiving debt advice and have sent for a SAR to their client to buy an extra 30 days, rather than start requesting the further information at this stage

[Darren104]

They have handily put the charge to £160 including initial legal charge. This is not allowed so when it gets to court you complain about abuse of process in trying to recover more than they are entitled to. There have been cases thrown out because of this. Also as the keeper they cannot claim for more than the original PCN

PLEASE READ AND OFFER ADVICE . I HAVE SUPPLIED SOME BACKGROUND INFORMATION THAT COULD BE HELPFUL TO MY CASE.

The NCP Ltd contravention was 11th April 2018. Parked without payment of the parking charge. The reason being, was that the machine was out of order. The driver assumed that if there was another pay machine, that would have been out of order to. One week prior to this contravention on 3rd April 2018, the driver also did the same thing, parked without payment of the charge, as the machine was out of order. The driver did appeal at the time to NCP and Popla but was unsuccessful. BW Legal filled a county court claim for around the same amount as this current one. They went to mediation and agreed a settlement of £150 to which was paid via standing order of £15 per month, last payment being end of July so the case and account is now closed. They have now decided to pursue me for this other contravention, it was appeal at the time through NCP Ltd and Popla, but cannot recall ever getting a reply and think it was because both contravention notices were in play at more or less the same time. SHOULDNT OF BW LEGAL have have combined both claims together, to save costs rather than deal with them individually, or are they within their tights to deal with them separately. Please advise.