Bw legal letter of claim

[Legally_Clueless]

There are many similar threads on here so please accept my apologies for starting a new one, I just want to make sure that I do the correct thing in respect of replying to this letter - as I understand it, the letter can't be ignored (like the previous ones have been)

I have received a "letter of claim" from BW LEGAL -

the "contravention" states that a vehicle, of which I am the registered keeper has overstayed in a carpark. The nature of the carpark is that it is a free to use carpark with a two hour stay, outside a retail centre, Halfords, Pets at home etc. The date of the "contravention" is 15th July 2017 and The notice to keeper, etc that had come through from Total Parking Solutions were duly filed in the kitchen bin as I am aware that there is no need to pay these speculative invoices.

There are a couple of points to note.

Firstly, the van is driven by one of three different people (and never me) so I can't be sure who was driving at the time

secondly, the ANPR pictures that were sent to me at the beginning show a time of entry and a time of exit that were both well after the shops were shut and so my feeling is that the driver had not inconvenienced anyone and had not prevented people from using the shopping facilities either.

Should I use the standard letter of response that is on here for dealing with these guys or is there something more specific that i can do to make this go away.

I am aware that they take less than 0.1% of these through to court, but given my run of awful luck recently, I would be that one. I don't really want to pay them £124 for someone else's late night parking and I also don't want to go to court.

I am sorry for the rambling and I will be able to upload a sanitised version of the letter, should that be of any help.

Many thanks for taking the time to read this, any pointers Gratefully received

[charitynjw]

Hi & welcome to LB.

Shame you've binned the previous letters....you're probably going to need them.
No worries though, you can ask for them via your Letter Before Claim response.

Is this a company vehicle, or is it privately registered in your name?
I'm guessing you have not ID'd who was driving at the relevant time?
Do you live in England/Wales?
& can you get pics of the car park signage?

& yes, please post up a sanitised version of the solicitor's letter.

[Legally_Clueless]

Thanks for your reply

I have had a similar situation in the past and they stopped writing after the first 6 or 7 letters - at that time it was a family member driving who I didn't want to ID. I am aware that this 'speculative invoice' doesn't need to be paid but I am surprised that they now have gone to the trouble of getting a 'law firm' involved with this one..

The vehicle is privately registered to me
I am in England
I can't/haven't ID'd the driver
I can try to find pictures of the carpark sign - I could go there and take some, I don't go there very often and its a bit of a distance, is it essential? (I don't want to sound lazy)


here is the letter, it came with the enclosures that are mentioned on page 1 but I didn't think they need photographing (can if necessary)

Yours hopefully

[jaguarsuk]

Legally_Clueless try google street view or googling the car park to see if there are any images that might incidentally include the sign.

[charitynjw]

Legally_Clueless try google street view or googling the car park to see if there are any images that might incidentally include the sign.

Hi Jaguar

One problem with that is, even if you can view, the pics on there may be out of date.
As the wording of the signage present at the time of the alleged parking incident is vitally important, you need to be careful.

Legally_Clueless

[jaguarsuk]

Hi Jaguar

One problem with that is, even if you can view, the pics on there may be out of date.
As the wording of the signage present at the time of the alleged parking incident is vitally important, you need to be careful.

Legally_Clueless

Good point, well made.

Is it worth an SAR to Total Parking Scumbags to get copies of all the previous correspondence as Id bet they didn't send the "Terms" with the PCN originally?

[charitynjw]

Good point, well made.

Is it worth an SAR to Total Parking Scumbags to get copies of all the previous correspondence as Id bet they didn't send the "Terms" with the PCN originally?

No need.
You can ask for all of this in the response to the Letter Before Claim.
& more.....

[jaguarsuk]

No need.
You can ask for all of this in the response to the Letter Before Claim.
& more.....

*Best Mr Burns from the Simpsons voice* Exxxcellent

[Legally_Clueless]

This is all wonderful, thank you - as it has transpired, I have to go to see a client, about 800 yards from this carpark, this afternoon and so I will pop by and photograph the signs that are there. I'll be back with you soon.

[charitynjw]

Legally_Clueless


Regarding the annex forms.
Tick Box D - I dispute the debt.
Tick Box G - write 'PossiblyCAB'
Tick Box I - say 'See covering letter'
Print, sign and date.
I wouldn't tell them anything about your income and expenditure....do not complete this as it could imply admittance of liability.

Re covering letter, I've bashed out an example.....add/delete/amend/ignore as you wish.

[Legally_Clueless]

charitynjw So, following the trip into town, here are the photos of the signs - there are a few of the latter ones (4 or 5) and the other one is at the entrance to the car park Thankyou for your cover letter and advice - it is greatly appreciated and I will make good use thereof.

I am guessing from this that I will be in for a frank exchange of letters over the next few weeks and months?!?!!

[charitynjw]

Ok....now we need that Notice to Keeper.

Send your response to the LBC within the PAP timeframe ....get proof of postage.
The new pre action protocol allows for 30 days from the date of the Letter Before Claim, so don't go by their date on the LBC.
I make it deadline 24th Feb.

[Legally_Clueless]

Hi, thanks for all the help thus far - I have today received a letter saying that they are putting my file "on hold" and will be taking instructions from their client - (TPS) and will be in touch following a response to my query

My hope is that this will be the end of it but I will keep you posted.

[Legally_Clueless]

Hi All, I'm afraid the I am back - with a very ambiguous response from BW Legal. They haven't really answered any of the questions I raised in the letter I sent them - copies attached of response,

any advice greatly received

[Videoman]

Hello Legally-Clueless. These Highwaymen are chasing me as well and I have read all of the posts on here, including the 'default' letter that was written for you ( that I was about to use ) ..... and then the thread stops on May 8th! What did you do next please???? Thank you.