bw legal letter of claim

[Redchoo]

I have today recieved a letter of claim from bw legal on behalf of excel parking relating back to a pcn dating back over 2 years ago. I paid my money into a machine and no ticket was issued, the other machines were covered with binliners so obviously out of order.
I left a note in my windscreen stating i had paid but no ticket was issued. I was back to the car within 10 minutes.
So after countless letters from various debt collectors over the last 2 years which i have ignored, i have recieved this letter of claim which i gather shouldnt be ignored.
What kind of response should i give? Any advice would be greatly appreciated.
Many thanks, Redchoo.

[mystery1]

Re: bw legal 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 ?




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, the driver at the time paid but the machine did not produce a ticket. All other machines were out of order.






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

[Redchoo]

Re: bw legal letter of claim

Thats great thanks, so do i write that word for word and do i reply via letter or email?

Many thanks, Redchoo.

[mystery1]

Re: bw legal letter of claim

Email.

As near as possible. I would doubt the date is correct though and you'd need to add a reference number etc.

M1

[Redchoo]

Re: bw legal letter of claim

Ok, thanks for your help.

[Redchoo]

Re: bw legal letter of claim

Hi i sent the email and today had this letter,

We refer to your email correspondence dated 11th September 2016, the contents which have been duly noted.

Please note that we have not yet issued a letter of claim on this account and therefore your points that refer to CPR16 are irrelevant. Prior to the claim being issued you will be served with a letter before action and will be given time to settle the balance prior to us initiating county court proceedings.

On the 6th June 2014 the vehicle bearing the registration number ******* parked without displaying a valid ticket at the moor centre, Brierley Hill. The terms and conditions were clearly detailed on the signs contained within the car park and by not displaying a valid ticket/permit, you have contravened the terms and are therefore liable for the balance. We have enclosed a copy of the signage for your information.

It is Excels position that it is the lawful occupier of the car park and enforces and manages the car park terms in a reasonable as pr its contractual agreement with the landowner. Furthermore Excels authority was also detailed on the signage as displayed at the site in question. Furthermore the PCN has been issued lawfully and excel is entitled to pursue you for the balance.

Notwithstanding the above, our client is amenable to resolving this matter within 7 days without the need to incur any further cost, failure to which we will seek our clients instruction on issuing county court proceedings.

We trust this clarifies our position and accordingly we look forward to hearing from you within the timeframe mentioned above.

Yours faithfully,

BW Legal.

What should my response be to this?

Many thanks, Redchoo

[mystery1]

Re: bw legal letter of claim

Dear Arsehole,

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

My reference to court rules is designed to help you comply with the court rules as usually you don't.

It is unclear to myself why you have not supplied the information requested or hardly any answers to my questions. I remind you that the courts expect us to narrow the issues between us so that the courts are not having time wasted and that exchanging information is a key part of this.

I look forward to your co-operation.

Yours etc

M1

[Redchoo]

Re: bw legal letter of claim

Seriously, this should be my reply?

[mystery1]

Re: bw legal letter of claim

Well, maybe change arsehole to BW Legal.

It's only a suggestion if you have a better idea, go for it. At the end of the day they aren't going to back off so we are only setting it up so they get grief later on in the process.

You may also wish to contact the centre or the retailers to see if they'll help to stop matters.

M1

[Redchoo]

Re: bw legal letter of claim

Ok thanks, should i add in that somewhere, that money was paid into the machine by the driver but no ticket was issued and that the other machines were covered with binliners?

[mystery1]

Re: bw legal letter of claim

Good idea.

M1

[Redchoo]

Re: bw legal letter of claim

Ok many thanks, is this ok?


Dear BW Legal,

Thank you for your letter of 16/09/2016 the contents of which are noted.

My reference to court rules is designed to help you comply with the court rules as usually you don't.

It is unclear to myself why you have not supplied the information requested or hardly any answers to my questions. I remind you that the courts expect us to narrow the issues between us so that the courts are not having time wasted and that exchanging information is a key part of this.
Also money was paid into the machine and no ticket was issued and the other machines were covered with bin liners, the driver is in touch with the retailer to obtain cctv footage to prove this.

I look forward to your co-operation.

Yours etc*

[mystery1]

Re: bw legal letter of claim

That'll do :okay:

M1

[Redchoo]

Re: bw legal letter of claim

Ok i have recieved a response from bw legal today.

The letter says;

We acknowledge receipt of your communication.

We can confirm that your position has been noted, and we will now seek our clients instructions to isdue county court proceedings for recovery of the balance.

Yours faithfully

Bw legal.

What should i do now?

Thanks, Jamie.

[mystery1]

Re: bw legal letter of claim

Well we've got them running in circles and still have no claim, so we wait to see what they come up with now (or if they come up with anything).

M1