Claim from BW Legal

[nigevon]

Hi
I received my first communication from BW Legal dated 29 June 2016 Claiming I hadnt paid parking charges at the Peel center in Stockport on 11th August 2014.
I have never had the so called ticket/ invoice or photographic evidence. To this day they have not presented me with any proof that I was the driver or indeed if the car was there on that date.
I have received two subsequent letters the latest listing charges that have risen from £154 to an estimated £245.46 should they obtain a ccj against me as the owner of the vehicle.
They are quoting a case between Parking eye V Beavis 2015.
I have taken the advice of many of the chat forums on the internet and not engaged them in dialogue.
I also read that a judge ruled against Excel over the size of the parking sign.
Has anyone any knowledge regarding any of the above and where I stand.

Many thanks

[mystery1]

Re: Claim from BW Legal

The case on signage. http://nebula.wsimg.com/1bb26d17be44...&alloworigin=1

A more recent musing on them http://parking-prankster.blogspot.co...-consider.html

Is this a final notice or a letter before claim ?

M1

[nigevon]

Re: Claim from BW Legal

Yes it says if payment is not made by the 17/9 they will issue proceedings.
To be honest I m happy to chuck a few quid at it.
1. To date they haven't shown me any proof and thus havent given me the opportunity to pay the lesser fee
2. Given me the opportunity to appeal
3. The case they refer to Parking Eye v Beavis ( 2015 ) was after my alleged contrevention

Thanks for replying to my post. Most kind

[nigevon]

Re: Claim from BW Legal

I notice the case about Cutts and wondered if the signs had changed between 2011 and August 2014 , I went yesterday and photographed the sign and it is nothing like the £85 one you refer to. It states £100 penalty but you would have to look twice to spot it. Do you know if they changed the signs at the Peel Centre and if so, when

[mystery1]

Re: Claim from BW Legal

Probably but not sure when. You should also get the other signs and close ups if you are in the area.

I would reply along the lines of :-

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 ?




Who contravened your rules ?




Who you are pursuing ?




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, i was not the driver at the time and i believe you have not fulfilled the statutory requirements of PoFA 2012




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

M1

[nigevon]

Re: Claim from BW Legal

Many thanks again. You clearly know your stuff.

Many of the points are in the letter of claim they have sent: Is the idea to tie them in knots

Also where you say " In order to clarify matters from my side, i was not the driver at the time and i believe you have not fulfilled the statutory requirements of PoFA 2012 "
In Truth I do not know if I was or if I was not the driver. Would claiming I was not the driver at this point prejudice my case if it goes to court and I was in fact the driver. Or.... are we working on the premice that they have to establish who was driving?
Once again a million thanks for your help on this.

[mystery1]

Re: Claim from BW Legal

Take that bit out.

Many of the other points are not in the letter. They have no idea who was driving either but do not commit to using keeper liability. The questions i guess could be clearer but the reality is both that we are asking them in what capacity they are chasing the person they are writing to. Also they usually don't answer but we'd draw this lack of cooperation to the courts attention later on.

M1