Letter Of Claim BW Legal

[soulstar99]

Hi I really hope you can help me. This letter I have received has got me in a panic and I have no idea what to do.

I have received a letter of claim from BW LEGAL I’m not sure if I have all of the letters following up to this.

The reason for the ticket was because I had parked the car in an open car park next to the gym. I didn’t realise that the gym parking was only on the left hand side as I had parked the car in the same spot many times without receiving a ticket and so do/did many others. Also it was dark and the signs for parking for the gym and topps tiles (building next to the gym) were identical so from a far they look the same (I’ve checked this now and they are different, so wish I had taken a picture at the time)

When I came to my car I literally got the ticket and the guy giving me the ticket said just ignore it and nothing will happen and also reading forums on the web said the same thing literally ignore everything however now I’m at this point.

Because the car is registered in my brother’s name the letters are being addressed to him however it wasn’t him driving the car.

So I’m not sure what to do now do I carry on ignoring this? do I reply and get in touch? Or do I just pay the money?

Would really appreciate any advice.
Thank you!

[mystery1]

Re: Letter Of Claim BW Legal

You do have the option of naming the driver, which if done before court proceedings are started eliminates keeper liability and is better than paying an inflated charge as you should be back to £100 (or £60 maybe). However, the driver is in a far weaker position to defend than the keeper and they probably screwed keeper liability up.

I would get the keeper to write

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 ?


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.

In order to clarify matters from my side, i was not the driver at the time and i believe you have not fulfilled the statutory requirements of PoFA 2012


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

M1

[soulstar99]

Re: Letter Of Claim BW Legal

Hi Thank you so much for your response and advice.

Shall i expect a response to the email or would they usually ignore it?

Is the below ok for the keeper to send not sure what else i'd need to change for it to suit??
.................................................. ..............................................

Dear BW Legal,

I write in response to your final notice which i take to be a letter before action dated 30th August 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 ?


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.

In order to clarify matters from my side, i was not the driver at the time and i believe you have not fulfilled the statutory requirements of PoFA 2012


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

[mystery1]

Re: Letter Of Claim BW Legal

:okay:

M1

[soulstar99]

Re: Letter Of Claim BW Legal

Hi I've not had a response from BW regarding my email is this normal? Or shall i be expecting something?

Thanks

[mystery1]

Re: Letter Of Claim BW Legal

I'd have expected a reply. However as you sent it via email they'd be hard pressed to convince anyone they didn't get it if you didn't get a bounce. You could either send a chaser email or phone them to ask if they got it. However, as it'll make little difference for a 2016 case where the statute of limitations isn't in play for another 5.5 years i'd probably just wait and see.

Responses, or not, to pre action stuff, only make them look unreasonable. It wouldn't be fatal to any case on it's own.

M1

[soulstar99]

Re: Letter Of Claim BW Legal

ok thanks for the advice i'll keep you updated and let you know what happens next if anything.

Many Thanks

[soulstar99]

Re: Letter Of Claim BW Legal

Hi There just received this letter today from BW Legal, i have attached images of it.

Any advice would be appreciated.

Many Thanks In Advance

[mystery1]

Re: Letter Of Claim BW Legal

Telling them who was driving would make it too easy for them, i wonder how many are that stupid ?

Have you spoken to Topps tiles ?

M1

[soulstar99]

Re: Letter Of Claim BW Legal

Hi No not spoke to Topps Tiles i wouldnt know what to say to them.

Thanks

[soulstar99]

Re: Letter Of Claim BW Legal

Hi

Any advice on what i should do next please?

Do i just pay them?

Many Thanks in Advance

[mystery1]

Re: Letter Of Claim BW Legal

Hi No not spoke to Topps Tiles i wouldnt know what to say to them.

Thanks

Did you know your customers are being threatened with court ? Can you help ? ( more likely to if you have receipts or statements which show purchases)

Any advice on what i should do next please?

Do i just pay them?

That's your call although if you go to court and lose it's not going to be much more than what they are asking by the end. (the may escalate it somewhat but the £54 shouldn't be allowed anyway so it'll should still be sub £200.

Given you weren't driving i'd await their next move personally.

M1