BW Legal/Vehicle Control Services Ltd

[Logi]

I have received a letter from BW Legal regarding a parking ticket received in October last year. I have been ignoring the previous letters as it appeared to be a scam. My car was parked on a piece of land next to a pub where we had lunch with a sign on the wall of the pub suggesting that the car park was available for customers but it turns out that only a small section of the land was available for customers of the pub and I was parked about 5 metres outside of this invisible boundary! It was a Sunday evening and other than my car there must have been no more than 3 other cars on the relatively large plot of land so I was in no way obstructing anyone. The pub has also recently removed the signage from the wall so it has obviously caused several people confusion.

I have received several letters from a debt collection firm and each time the fine they were asking for was reduced as an incentive to just pay up which is why I believed it to be a scam however now BW Legal have sent a letter demanding £154 and threatening County Court proceedings.

I have until 5 June to respond to BW Legal, does anyone have any advice on what I should do or had any experience with either BW Legal or VCS?

[mystery1]

Re: BW Legal/Vehicle Control Services Ltd

Need to see the letter, really. Sanitise it and post it up.

Have you spoken to the pub manager ?

M1

[Logi]

Re: BW Legal/Vehicle Control Services Ltd

[IMG]20160531_161142_resized.jpg[/IMG]

Unfortunately the pub manager was not available the last time I was in the area. Is it worth making the trip again to speak to them?

[mystery1]

Re: BW Legal/Vehicle Control Services Ltd

Try phoning 1st, but it can be a worthwhile exercise speaking to management. Tripadvisor can give you an indication of how they handle such complaints sometimes.

M1

[Logi]

Re: BW Legal/Vehicle Control Services Ltd

Thanks. I am having trouble uploading the image file of the letter but have forwarded it to the emails above.

[Amethyst]

Re: BW Legal/Vehicle Control Services Ltd

Ta daaa xx

[mystery1]

Re: BW Legal/Vehicle Control Services Ltd

BW Legal do issue claims sometimes and do act for some companies. This letter, however, comes in the guise of debt collection and i'd say fie and ignore as it's not a letter before action.

M1

[Logi]

Re: BW Legal/Vehicle Control Services Ltd

That was quick! Thank you so much!

[Kati]

Re: BW Legal/Vehicle Control Services Ltd

[MENTION=5354]mystery1[/MENTION]

[mystery1]

Re: BW Legal/Vehicle Control Services Ltd

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

[Logi]

Re: BW Legal/Vehicle Control Services Ltd

Thanks again for all your help.

KR

[Kati]

Re: BW Legal/Vehicle Control Services Ltd

....

[mystery1]

Re: BW Legal/Vehicle Control Services Ltd

So now we have got them to commit to keeper liability, do you have a copy of the PCN or are you going to have to ask them for a copy again ?

M1

[Logi]

Re: BW Legal/Vehicle Control Services Ltd

I don't have the PCN - would I now get this through B W Legal or VCS? The letter gave 7 days to respond to BW Legal from 23 July however I didn't receive it in the post until yesterday! Is there anything I need to do in response to this?

KR

- - - Updated - - -

Sorry if this is a daft question but is them committing to keeper liability a positive thing?

[mystery1]

Re: BW Legal/Vehicle Control Services Ltd

Email them.

Dear Sirs,

Thank you for your letter of xxxxx the contents of which are noted.

I note that you have failed to provide anything i asked for previously in order to comply with the over riding objective which is designed to keep costs down and make the issues between the parties clearer.

I previously asked "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). " and note that nothing was forth coming.

In Expandable Ltd & Anor v Rubin [2008] EWCA Civ 59 (11 February 2008) LJ Rix said in relation to disclosure " The general ethos of the CPR is for a more cards on the table approach to litigation. If a party thinks it worthwhile to mention a document in his pleadings, witness statements or affidavits, I do not see why, subject as I say to the question of privilege, the court should put difficulties in the way of inspection. I look upon the mention of a document in pleadings etc as a form of disclosure. The document in question has not been disclosed by list, or at any rate not yet, but it has been disclosed by mention in what, for the purposes of litigation, is another important and formal category of documents. If so, then the party deploying that document by its mention should in principle be prepared to be required to permit its inspection, and the other party should be entitled to its inspection. What in such circumstances is the virtue of coyness?"

I look forward to receiving the information which is central to the issues in the case.

Yours etc

M1