bwlegal Letter of claim

[tazmaina69]

Hi all
Don't know if on the right thread? But basically have received a Letter of claim from bwlegal regarding an contravention on the 6.9.16 failure to display valid ticket and are taking me to court.
I have looked at the date and was at work on that day for an emergency service and also use my car in conjunction with my employment which I have proof and can provide witnesses so its hard to understand that my car was parked there when they say.

I had also moved house since then and had no access to any post that went to my old address, so first I knew of anything was on the 16th of December when received a letter from bwlegal at my new address which they obtained by doing an (For unknown search type) on my credit file on the 13th Dec 2016 without my permission.

I have contacted bwlegal via Email on a number of occasions asking them to provide evidence that without a doubt it was my car to resolve this matter and until such time no further action should be taken.

They have to date not replied to my request and received confirmation of an email sent only once despite using their official email address on their letter, and feel they are just ignoring my request and the deadline of the 4th March to prevent legal action from being taken has past.

I know that there is a lot to take in but if anyone can help or advise my next course of action would be great and if need anymore information about this will be happy to.

Regards
Carl

P.S.. please forgive me for spelling & grammar as have dyslexia.

[mystery1]

Re: bwlegal Letter of claim

To be honest you seem to have done mostly the correct things (although i guess you told them who was driving which it's best not to).

Unless they progress matters to an actual claim they can take as long as they want (aside from the 6 year statute of limitations that is).
I would say it is quite rare that ANPR cameras pick up the wrong car so your car probably was picked up. (It has happened that there has been a misread or cloned plate but not often).

M1

[tazmaina69]

Re: bwlegal Letter of claim

Thank you mystery1 for your reply, sorry should have added a few more details about the PCN.
I have only ever told them through emails that I am the registered keeper and nobody else has permission to use my car.
It was apparently paper issued ticket put on the car, so thats how I don't understand that have told them was at work and use my car in conjunction but they are not willing to look into it or in providing everdance.
They seem to be pushing it to court without any confirmation of they are dealing with my concerns ( all interested in is me paying up) so will have to wait and see if they have taken it to court, but will not look good for them if I have tried to resolve this beforehand.
Carl

[mystery1]

Re: bwlegal Letter of claim

They seem to be pushing it to court without any confirmation of they are dealing with my concerns ( all interested in is me paying up) so will have to wait and see if they have taken it to court, but will not look good for them if I have tried to resolve this beforehand.

M1

[tazmaina69]

Re: bwlegal Letter of claim

Have found out that bwlegal did a credit search to obtain information without my permission, and have looked on the Internet and can they do this?
I am finding that they can't do this as have not apply for credit with them or owe them money only that they are chasing me for a PCN as the registered keeper, and already have my details from the DVLA.
I wonder if anyone can give some advice on this as trying to get hold of as much defence now if the issue County Court proceedings.
Thanks again
Carl

[mystery1]

Re: bwlegal Letter of claim

http://www.experian.co.uk/consumer/faq/R1.html

Can anyone search my report? return to top
No, searches can only be made with your consent. This is usually given at the time you apply to a lender.



https://ico.org.uk/for-the-public/credit/

Do companies need my consent to carry out a credit search?

The DPA doesn’t actually require these companies to have gained your consent before they can carry out a search of your credit file as long as they have a legitimate reason for doing so and you have been told that this search is going to take place. If you have taken out a loan or credit card you will probably find this in the original terms and conditions that you signed.


https://ico.org.uk/for-organisations...or-processing/



None of this helps a defence. It can form a counterclaim, potentially, although i haven't really studied whether this would be a breach. I'd rather they tried to find me if i'd moved than get a ccj at an old address and have the hassle of getting it set aside. The best person to answer this query is the ICO. Phone them.

M1

[tazmaina69]

Re: bwlegal Letter of claim

have received back from bwlegal today the information requested and provide pictures of my car (which without question is) so contact them to say that can confirm that it is my vehicle but I was not the driver at the time and can provide robust evidence to them that was at work but as I can't honestly can not name the driver and I did not give anyone permission to use my car so can't provide that and as they are holding me lible as registered keeper made a offer to pay £95 as full an finial payment to end this matter and was turned down.

They said if their client wish to proceed to court then CC papers will be sent to me and can enter my everdance then, unless pay them the full £155 now.
I informed them that I can provide them with the everdance of me being at work.
That the first knew of the contravention was on the 16th December over 3 months from time of issue giving me no notice to pay the £95.
The picture show less than 2min from vehicle with no ticket to issue (total time from no ticket to picture of parking notice less than 3min)

They also denied making a credit check on my file (which they kept brushing it to one side saying it not relevant) and they had not got my permission or inform me of the search that they are required to do.

Just looking at my next course of action as it is my car but they are unwilling to end this but will if I give them £155 in the next 7 days....
Should I keep in contact with them and make my offer again by phone/letter?
Pay the £155 as requested?
Wait till court papers then give my everdance to defend and on what ground?

Advice please as which next step will me very much appreciated.

Carl

[mystery1]

Re: bwlegal Letter of claim

It's your call. If i wasn't the driver i'd check the notice to keeper for flaws and then decide.

M1

[tazmaina69]

Re: bwlegal Letter of claim

Thanks for coming back mystery 1, the thing is that I never received a KTK as had moved so can not check it and they know that as did an unorthirised credit check on my file to get my new address (which I know is better than a CCJ by default) but they are still required to inform you that have done this and for what reason.
So the only defence I have is:

I have informed them that it was my vehicle.

That I am the registered keeper of the vehicle but was not the driver.

Was at work at the time and can provide evidence in which they turned down.

Due to not received any correspondence from them till 16th December (date of contravention 6.9.16) and no option to appeal or pay in 14 days.

Efforts to offer to resolve this by making a payment of £95 and provide the evidence was at work for final settlement before court have been refused unless I pay £155 then they will stop court action.

They have provided the information and confirm that it was my vehicle as was how the car was used by someone else as at the time lived-in share house at the time, but as said moved out and have no contact with them.

Its a mess and don't need this right now and can't afford to pay but what other options are available?

[mystery1]

Re: bwlegal Letter of claim

If it were me, given Excel are pretty rubbish at compliance with PoFA and rubbish at court, I'd keep asking for the NTK every time they write to you as well as denying being the driver and see if they'll actually take court action. If they do then deal with that.

M1

[tazmaina69]

Re: bwlegal Letter of claim

Hi
I have been non stop looking getting information together taking notes from forums & the Internet waiting for the CC papers to drop on the door mat, but would like just a little bit of knowledge if anyone can help.

I have never received the windscreen ticket as it was issued to the driver, but as registered keeper they are trying to hold me lible.

I have never received the NTK as they have sent it to old address and moved out beginning of September and had no access to old address.

They obtained my new address (doing a credit search which is a separated matter that dealing with) to start sending collection letters.

Have entered into correspondence with them via email offer to resolve this but are not interested unless I pay them £155.00 so forces it to court if don't pay (how does it stand in court if say that I tried to avoid CC but they were unwilling to).

[tazmaina69]

Re: bwlegal Letter of claim

Morning
Just a quick question please... have just received a letter from bwlegal expecting it to be something with the CC papers but its another Letter of claim exactly same wording as beforehand but with different date to pay up or will take me to court.
Does anyone know what is going on why would they be sending you details again, and does this just show their incompetent?

Thanks

[MIKE770]

Re: bwlegal Letter of claim

shows how incompetent they are!

[mystery1]

Re: bwlegal Letter of claim

The notice to keeper only needs to be sent to the address supplied by DVLA to count as valid. They cannot send it to an address they do not know. It is also unlikely that between them getting the address from DVLA and sending the notice to keeper that someone moves without making arrangements for mail. It is after all a very short period of time that they are allowed to send it out.

The problems usually come from them taking ages to go to court without rechecking addresses and people not knowing about a claim and getting a CCJ they know nothing about.

Read the later cases http://www.parking-prankster.com/case-law.html

And this http://www.parking-prankster.com/more-case-law.html

Read some of the latest stuff http://parking-prankster.blogspot.co.uk/ and keep an eye on it. Anything else is jsut going to give you a heart attack.

You can really only start when they launch a claim.

M1

[tazmaina69]

Re: bwlegal Letter of claim

Morning
Thanks for your all the replys and take notice of mystery1 ànd the point that the parking company only needed to send the NTK and thankfully bother to rechecked my address.

But as the time of the contravention 6.9.16 to the first knew of it was the 16.12.16 (3 months 10 days) and that costs had been added to it with no right to appeal etc puts me at a disadvantage.

Have contacted them via Email on a number of occasions to explain as was not the driver or knowledge of who the driver was, can provided evidence & WS that was at work but without prejudice put a offer £95 for settlement as the registered keeper but was turned down but if paid £155 they would not take it to court.

They have sent pictures of the car and the sign of the terms and conditions of the parking ( but it could be any old sign as does to state what car park the conditions are for) but as I have never seen this until then how can they say that I am under the same conditions a the ticket issue to the driver.

Now I have the second Letter of Claim need to act and reply as advised on this forum to do so as wouldn't go down to well in court if don't by the 1st of April.

Have found many template letters but if anyone can or knows of a link to one that might suit me and can fill in the bits or anything that I need to point out that might make them think would be great, have printed one I found and will type it up tomorrow and at least get something sent.

Again Thanks everyone....