BW legal letter re: Excel PCN July 2015

[1978simmo]

Please can you help

 

The background is, I drive a company vehicle which is obviously registered to my employer.

 

In July 2015, I parked on a car park which I thought was free to park in, but it turns out it wasn't (though has since been made a free to park car park)

 

Neither myself nor my company received a penalty notice, however in May, BW Legal sent a letter which has been seen several times on this forum.

 

I replied, following advice lifted from this forum, stating:

 

"Dear Sirs

 

Your ref: xxxxxxxxxx

 

I refer to your letter dated 19th May 2016.

 

Firstly, I have no intention of paying the money demanded by your client and any court proceedings will be vigorously defended.

 

Second, should it be your clients intention to start court proceedings,they must provide a Letter Before Claim which complies with the requirements of Annex A Paragraph 2 of the Practice Direction on Pre-action conduct.

 

Please note that a failure and/or refusal to comply with the Practice Direction will result in a complaint being made to the court and an application for a stay of action and costs pursuant to the provisions of paragraph 4 of the Practice Direction on non compliance and sanctions.

 

In the meantime,you should note that this charge is disputed and you must now refer this matter back to your client and cease and desist all contact with me. Failure to do so will result in a complaint to the Credit Services Association.

 

I trust I have made myself clear.

 

Yours faithfully"

 

-----

 

Today, we have received correspondence, along with a photo of my number plate, the letter says:

 

"We write in reference to the above matter and enclose:

 

* Photographic Evidence of the Contravention;

 

Please contact our offices on to discuss this matter further.

 

Failure to contact us within 7 days of this letter may result in us seeking our clients instructions which may result in further legal action and costs being added to your Balance Due."

 

---

 

The photo is a black and white on of my number plate.

 

Any advice on how I should proceed would be much appreciated.

 

Thanks

[Oddfellow]

Caution: Advice from interested amateur ...

 

 

In my view, they can go and swivel, unless they can PROVE that they sent a Notice to Keeper within the 1-2 month period following the alleged incident.

 

 

Professionals will put their view across shortly, so stick around, and good luck!

[ericsbrother]

Ignore, they are hoping that you will trip yourself up in carrying on corresponding with them.

[dx100uk]

well you wouldn't have received a penalty notice no

as its a private carpark so it'll be a speculative invoice...

[1978simmo]

There has been additional correspondence from this lot. In the same envelope, we've received a letter from Excel Parking and one from BW Legal.

 

The Excel parking letter is stating that "Your account has been passed to our legal team"

 

BW Legal have said the following:

Contravention Description: Parked without purchasing a valid pay and display ticket

Contravention Location: The Moor Centre - Brierley Hill Anpr Charging Scheme Std (60-100)

 

"We have been instructed by Excel Parking Services Ltd in relation to the Balance Due for the above PCN.

 

For the avoidance of doubt, the Balance Due includes the £100.00 PCN charge plus Our Client's initial legal costs of £54.00, which are detailed in the car park terms and conditions.

 

As you have failed to make a payment or raise an appeal within 28 days from the date of the PCN, the Balance Due remains outstanding and we require payment in full within 16 days from the date of this letter. If you fail to make payment or provide reasons for non payment within the specified timeframe, we will seek Our Client's instructions to commence legal proceedings against you in the form of a County Court Claim Form in the County Court.

 

What you need to do next

It is important you contact us to resolve your account. We are keen to work with you and one of the quickest ways to review your account is to register on our Customer Portal by visiting [web address redacted]. On here you can make a payment, advise us of any disputes against the PCN, upload documentation to support your dispute and communicate with us via web chat.

 

Call us today if you would prefer to discuss your account with one of our helpful team.

 

County Court Proceedings

In the event County Court proceedings are issued you may be liable for Court fees, further solicitors' costs and statutory interest. Should we successfully obtain a County Court Judgement ("CCJ"), this may have a detrimental effect on your future creditworthiness and employability. Our Client also reserves the right to commence enforcement proceedings against you for recovery of the Balance Due.

 

Your faithfully

BW Legal

 

=========

 

 

The letter is still addressed to my company and not myself.

The "offence" took place on 10 July 2015, but my company and I only had correspondence about this in May 2016

 

Any advice on what I should do next would be much appreciated.

[dx100uk]

Nothing

[ericsbrother]

they are hopingd that you will contribute to the costs they are suffering by losing other claims.

 

Ignore but make sure that any lba or legal claim is passed on in a timely manner or your company may well have to waste time fighting this.

 

As for the content of the threatogram- usual garbage with added piffle.

[stuscfc1883]

I have just received the same letter, accusing me of parking 'illegally' back in 2013!!!

 

just wanted to check that I can still ignore this as has been stated above and that the rules/laws haven't changed in the meantime?

 

thanks

[dx100uk]

I have just received the same letter, accusing me of parking 'illegally' back in 2013!!!

 

just wanted to check that I can still ignore this as has been stated above and that the rules/laws haven't changed in the meantime?

 

thanks

 

You need to start a new thread

Of your own

 

Dx

[ericsbrother]

in short a reply to BW saying that there is no liability on the keeper of the vehicle in this matter and to refer it back to their client to take up with the driver, who is unknown.

[1978simmo]

in short a reply to BW saying that there is no liability on the keeper of the vehicle in this matter and to refer it back to their client to take up with the driver, who is unknown.

 

Email reply sent today by myself:

 

Following your latest letter, dated 3rd October 2016.

 

I am writing to inform you that there is NO liability on the keeper of the vehicle in this matter. This is the last correspondence from on this issue. Any future letters to us will be ignored.

 

You must now refer this back to your client, to take this up with the driver directly.

[dx100uk]

Email reply sent today by myself:

 

Following your latest letter, dated 3rd October 2016.

 

I am writing to inform you that there is NO liability on the keeper of the vehicle in this matter. This is the last correspondence from on this issue. Any future letters to us will be ignored.

 

You must now refer this back to your client, to take this up with the driver directly.

 

 

this is where the hi-jacking of a thread by stuscfc1883 caused confusion and errors are made..

EB's post was not directed at you

it was directed at the person that hijacked your thread.

 

 

you don't send anything

you are way passed that point.