BW Legal - Letter Of Claim

[cariadmon]

Before I start, I am really sorry if I am in the wrong place or haven't searched for other similar posts. I am just in a bit of a panic, and not really dealt with anything like this before..

The wife has finally told me today that she has received a Letter of Claim from BW Legal regarding a PCN she received last July! She has been ignoring the previous letters after apparently following advice online.

The only previous letter she has kept is a Final Notice dated 5th April.

Basically the reason for the ticket in the first place is that the driver parked her car in the disabled bay with a blue badge in the window, but didn't realise that they had to pay also.

What advice is there for any reply/appeal now it has gone to this stage? They are demanding £235

Thank you in advance.

[MIKE770]

Re: BW Legal - Letter Of Claim

[MENTION=5354]mystery1[/MENTION]

[mystery1]

Re: BW Legal - Letter Of Claim

Post up sanitised versions of any paperwork you have.

M1

[cariadmon]

Re: BW Legal - Letter Of Claim

This is is the first letter. Sorry about the size!



- - - Updated - - -

This is the most recent one..

[mystery1]

Re: BW Legal - Letter Of Claim

Any idea if they are chasing your wife as registered keeper ? What kind of car park (train station etc ) ?

M1

[cariadmon]

Re: BW Legal - Letter Of Claim

Yes, only as the registered keeper. She hasn't responded to any of the previous letters.

It was a disabled bay in a Euro Car Parks multi storey car park. The badge was displayed on the dashboard and there was no PCN ticket on the windscreen when they came back to the car.

[mystery1]

Re: BW Legal - Letter Of Claim

According to the letters it's VCS who are a different company and in a different trade association as well.

M1

[cariadmon]

Re: BW Legal - Letter Of Claim

Hmm, yes you're right. The only other place we can think of is Aldi. She thought it was the multi-storey but being so long ago she wasn't 100%.

[mystery1]

Re: BW Legal - Letter Of Claim

Well it won't be Aldi as they don't use VCS. Tends to be streets, airports etc rather than shopping centres, shops etc

No point guessing. We'll need to ask for further info in a response to this letter. I shall endeavour to do one early in the week as i'm working tomorrow.

M1

[mystery1]

Re: BW Legal - Letter Of Claim

Dear VCS,

I write in response to your "letter of claim" dated 5th May 2016, the contents of which are noted. As registered keeper i have no idea about the parking charge at all. When or where it was for is a mystery to me.

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 ?

Have you followed the rules laid down in the Protection of freedoms act 2012 schedule 4 ?

How is the £54 extra made up ?

Not only will this information help comply with the pre action protocols it will also help achieve the over riding objective.

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.


CPR 22

Documents to be verified by a statement of truth
22.1
(1) The following documents must be verified by a statement of truth –
(a) a statement of case



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.

M1

[cariadmon]

Re: BW Legal - Letter Of Claim

Thank you so much. I will keep you posted if they reply

[terry178]

I know it's a golden oldie, but did you ever receive a reply?

Mystery - what a fantastic letter. I am in a similar position now (LOC from BW) and need to respond, I have no idea where to start but your letter looks a good place! Before I start plagiarising it, can you confirm it's still (roughly) relevant now?
Thanks

[charitynjw]

Hi & welcome to LB

Mystery1 doesn't post on here nowadays.....I believe that he/she has other matters which occupy most of his/her time.
But from what I know of VCS, I would hazard a guess that the above letter is still very relevant, & we could probably add a few extra bits.

It would help if you could post up a redacted pic of the VCS LOC. (Or type it verbatim)
Also best if you start your own thread.

Amethyst .....any chance moving it?

[terry178]

Hi, thanks very much for the welcome. Yes I will try to start a new thread with more details. I am not sure who VCS is, mine is Premier Park and BW Legal.
thanks again

[charitynjw]

Hi, thanks very much for the welcome. Yes I will try to start a new thread with more details. I am not sure who VCS is, mine is Premier Park and BW Legal.
thanks again

Lol!
All much of a muchness.
VCS are the parking company that Mystery was addressing.