CCJ Threats from BW Legal, who bought a private parking ticket I didn't pay

[KateOwly]

Hi everybody, I'm new.. if someone could assist me with some advice it'd be much appreciated!


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In 2016 I drove into a car park at the Sheridan Centre in Stafford while waiting for someone.

I never left the car and was not obstructing access nor situated in a bay... I simply waited in the car on the car park briefly and I didn't pay the £1 fee as I had no change nor a card with me either.

On the way, out the automated system took my registration number and I later received a penalty of £100, which increased to £160 after I ignored it.

A debt collecting company then wrote to me giving me the option to pay just half, but I ignored this also.

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Recently (two years later) I've been getting calls, texts, and letters from a company called BW Legal (apparently a solicitor firm) who are threatening to action a CCJ if I don't pay £160 within a month or so.

Included with their last letter is a form to say whether I agree I owe some or all, whether I'm seeking debt advice, whether I think I don't owe it.. etc.

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So my questions are;

Should I fill this form in and return it to them, or await a County Court summons, (where they presumably hope to get a CCJ against me by default (in my absence))?

Where could I find a relevant draft for my defence, or some info on what terminology I must use?

Can I submit my defence online via "money claim", (and have any of you done this yourself and won)?

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If I lose this case it's £250 in total so I'm willing to risk the £90 increase if I can stop the CCJ and get this thrown out.

I should also say I don't know how they got details such as my new telephone number... to speak with them they insist on going through Data Protection, despite obtaining my number illegally!


Once again if someone can assist me or point me in the right direction that'd be brilliant & I'll let everybody know how it goes


Thanks!

[ostell]

If you have had no contact with them edit your post so that the identity of the driver cannot be inferred. Use "the driver........ "etc.

have you got the original PCN from the company? If so can you post a redacted copy on here, leaving the dates.

Send a SAR (template is on this site) to the parking company requesting all the data they have about you, especially the PCN.

You must respond to the solicitors (who have not bought the alleged debt,they are acting for the parking company) telling them that you have raised a SAR against their client and they must delay any action until 30 days after you get a response. You, as the keeper, deny any liability for the alleged debt.

If they don't know the driver then the keeper is only liable for the amount of the original PCN plus court fee £25 plus legal costs for filing the claim limited to £50