BW Legal - Letter Of Claim

[whitewitch]

Hi

I hope its okay to comment on this thread.

Ive just had the same letter with exception that its from Excel parking and relates to the notorious Peel centre car park, stockport.
contravention was dated 09/06/2012 of which I have no recollection.

Please can you advise if I would use the same template with this in mind.

many thanks

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

[mystery1]

Re: BW Legal - Letter Of Claim

:okay:

M1

[whitewitch]

Re: BW Legal - Letter Of Claim

thanks

I too will let you know the response

most appreciated!

:okay:

M1

[whitewitch]

Re: BW Legal - Letter Of Claim

:okay:

M1

Hi

Following using your template I have received the following reply:Good Afternoon,

Thank you for contacting BW Legal, before we are able to reply to your email fully, we need you to confirm a security questions which we have specified below.

1. Please complete your full name;
2. Please provide first line of your previous address and postcode;
3. Please provide an up to date address and postcode.

In addition, please confirm one of the following:

• Ticket number
• Car park offence
• Vehicle registration
• Make & Model of the Vehicle

Once we receive a response to the security questions, it will then enable us to provide you with a full response to your email.


On the letter of claim it does not show a ticket number (there is an a/c no so not sure if this is the same thing)
Its asking for a 'previous address' why would they need this?
they ask also for the make and model of the vehicle which isnt on the letter of claim- only a reg

Im not sure if I should be providing all the info so your advice would be greatly appreciated.

Many thanks

[mystery1]

Re: BW Legal - Letter Of Claim

That's a strange one.

1. Did you not add your details ?

2. Strange request. Is there a previous address ?

3. See #1

Also i would have put the ticket number/registration number down 1st time.

M1

[whitewitch]

Re: BW Legal - Letter Of Claim

I added my details including the account number but not the car details.
Their letter doesnt state the car details just the reg so not sure why they are asking for them and I was living at my current address at the time of the alleged contravention so not sure why they would want a previous address.

Im just anxious about giving them extra info

thanks again. your help really is appreciated

[mystery1]

Re: BW Legal - Letter Of Claim

Dear BW Legal,

Thank you for your letter of xxxx the contents of which are noted.

I am a little confused however. You sent me a letter to my address with my details and vehicle registration number on it but are now not sure if i am the person you need to deal with ? It sees to me that to furnish a person with my personal information when you are unsure if you are writing to me would breach the data protection act.

Can you clarify whether you are happy you wrote to the correct person and do not need further information or whether you gave away my personal information to someone whose identity you were unsure of, amounting to misuse of my personal information ?

I await your reply.

Yours sincerely

M1

[whitewitch]

Re: BW Legal - Letter Of Claim

Thank you! I will let you know the outcome