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BW Legal and letter of Claim

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  • BW Legal and letter of Claim

    Hello,

    I was wondering if anyone could help me. I had a PCN in July 2014. I was told at the time that Vehicle Control Services Ltd had no way of making this payment and to ignore it! I did and the letters went away until May 2016!

    I've now had 3/4 letters stating they are instructed by their client to recover the balance of £154 for the pcn. They're also threatening county court proceedings.

    Has anyone got any advice? Should I pay it in full? The last letter was a "letter of claim"

    Thank you in advance x
    Tags: None

  • #2
    Re: BW Legal and letter of Claim

    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

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