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BW legal letter of claim advise

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  • BW legal letter of claim advise

    Hello all
    I know there are various threads about this but looking for specific advise to the letter of claim I received. The original parking notice was received in 2012 and was ignored as I was advised back then. Heard nothing until last month then this letter last week

    Many thanks
    C
    Attached Files
    Last edited by colin16; 20th September 2016, 12:50:PM.
    Tags: None

  • #2
    Re: BW legal letter of claim advise

    Edit to suit. If you were not the driver say so.

    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 £290.90 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

    Comment


    • #3
      Re: BW legal letter of claim advise

      Thank you
      What is the Paulo11a attachment in relation to - is this the next step once BW legal reply?

      Comment


      • #4
        Re: BW legal letter of claim advise

        Originally posted by colin16 View Post
        Thank you
        What is the Paulo11a attachment in relation to - is this the next step once BW legal reply?
        Sorry posted it to the wrong thread. Make no wonder that [MENTION=90399]paulo11a[/MENTION] couldn't find it ! I've deleted my post to save any confusion.

        M1

        Comment

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