BW Legal Final Notice letter advice

[todd89]

Hi,

I have attached a letter that I have received from BW Legal. I have had numerous letters previous to this one but they are now threatening county court proceedings and a CCJ.

Any advice would be welcomed.

[mystery1]

Re: BW Legal Final Notice letter advice

Contact poundland and see if they'll help.


I would reply something like

Dear BW Legal,

I write in response to your final notice which i take to be a letter before action dated 10th 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

[todd89]

Re: BW Legal Final Notice letter advice

Thank you very much. So I can contact poundland as well sending this letter?

[mystery1]

Re: BW Legal Final Notice letter advice

Absolutely.

M1

[todd89]

Re: BW Legal Final Notice letter advice

Thank you.

Any words of advice as to what to say to Poundland?

Thanks

[mystery1]

Re: BW Legal Final Notice letter advice

Speak to the manager. Be polite and point out that one of their customers is being threatened with court action and ask if there is any chance they could help.

M1

[todd89]

Re: BW Legal Final Notice letter advice

Thank you. Just found out that the land is owned by a company in Norwich. I've been on the phone to them and they will see if they can help. I've also emailed BW Legal with your template. I'll let you know when I hear something. Thank you so much for the assistance thus far!

[todd89]

Re: BW Legal Final Notice letter advice

Hi M1,

Still no response but just to make you aware that I am not prepared to go to court over this so if you think it is wise for me to just pay the charge and be done with it then I would rather do just that. I have no specialist experience or knowledge in this field and would not know how to defend myself.

[mystery1]

Re: BW Legal Final Notice letter advice

That is, of course, up to you. If you do, at least try to negotiate, you might get less than £100 if you are good at it.

What i would say, is that the chance of losing more than is claimed is very small indeed. BW Legal, in terms of parking, are a bit unknown in how they deal with court claims. Some other companies go through the motions but fail to turn up at court or discontinue beforehand. Only Parking Eye are pretty much guaranteed to reach a judges decision.

M1

[todd89]

Re: BW Legal Final Notice letter advice

Seriously though, what defence do I actually have. I have surely broken the law by parking illegally.

[mystery1]

Re: BW Legal Final Notice letter advice

I have no idea what defence you have, yet, as i don't know enough details like what type of car park, what offer the signs make, whether there is ample sufficient signage etc. The charges have been inflated artificially to, by the look of it.

I know one thing for sure, it's not illegal as any claim would be in contract or trespass and a civil claim and you haven't broken the law.

M1

[todd89]

Re: BW Legal Final Notice letter advice

Please explain the second paragraph. This is where I fall down as I lack knowledge. This is why I feel that in court I would be beaten.

[mystery1]

Re: BW Legal Final Notice letter advice

If you do something illegal, the polis do you, not some random cowboy.

This process is the same (or similar) as if you fell out with your neighbour about a hedge, or sued a hotel because they lost your jacket, divorces that kind of thing. Nothing criminal, no jail or anything. It's all about the money and who owes who what.

You buy a high end kitchen and they supply cheap crap. In court you show your receipt and give evidence about the conversation with the salesman and the quality goods agreed. The judge believes you and you win some dosh. He doesn't you go home and kick the cat. Same thing, different jacket.

M1

[marmitex1234]

Re: BW Legal Final Notice letter advice

Todd89
Have you had any other letters as it is now the 24th, they gave you till the 20th
I have the exact same letter from these cowboys -- my advice dont pay
Marmite

[todd89]

Re: BW Legal Final Notice letter advice

Todd89
Have you had any other letters as it is now the 24th, they gave you till the 20th
I have the exact same letter from these cowboys -- my advice dont pay
Marmite

Yes I have just received a letter dated July 4.

They have placed the matter on hold, and our client (VCS) will provide a reply in due course. Any thoughts?