Letter of claim from BW Legal on behalf of Vehicle Control Services

[dynst]

Hi,

 

The only time I have faced something like this was when I mistakenly parked in a contract space at Fort Dunlop, Birmingham. I wrote a letter explaining my mistake and the fine was cancelled.

 

I now find myself being threatened with Court action and ultimately a CCJ if I don't pay a PCN charge for "stopping" at Calder Park Estate in Wakefield on the 10th August 2017, somewhere I had never been before.

 

I was sent 3 photographs of me stopping for a total of 29 seconds opposite the turning into my client's car park where I had a reserved space for a meeting.

 

I wrote back and explained that the lid of my coffee (which I had just bought from Starbucks on the edge of the estate) had come off and covered me in scalding coffee.

 

It was unsafe at that time to drive on so I swung the car to the left to pull the hot clothes from my body.

If it hadn't been an emergency I had no reason to stop because I had a reserved space in my client's car park.

 

As you can imagine my appeal was rejected.

I then did a quick search on the internet and read that I should ignore any correspondence, which I did.

After reading more I believe that this has changed.

 

I have now received a Letter of Claim from BW Legal explaining that if I don't pay they have been instructed to take me to the County Court with an estimated claim fee:

 

Principal Debt + Initial Legal Costs £160.00

Estimated Interest £4.36

Estimated Court Fees £25.00

Estimated Solicitors Fees £50.00

 

Estimated Total £239.36

 

I need to either pay £160 or explain why I am not paying by the 5th April.

Apparently, the client is willing to enter into a payment arrangement which is affordable for my financial circumstances.

The £160 is made up of the principal balance - £100 plus £60 debt recovery costs.

 

If payment or a response is not received they will issue a County Court Claim.

 

In the envelope they have enclosed a reply form giving me several options/tick boxes:

 

I agree I owe the debt

I owe some of the debt but not all of it

I don't know whether I owe the debt

I dispute the debt (I can explain why in a separate document)

I will pay what I owe now

I will pay but need time to pay

I am getting or intend to get legal advice

 

And then another section where I can request documents from them e.g. a copy of the written contract for the debt.

 

As with everyone else on this site, I don't agree with the charge and it feels more like extortion.

 

Can anyone advise/help on what I should do next?

 

Thanks,

[honeybee13]

Hello and welcome to CAG.

 

The letter you've had is overstating things, don't worry unduly. Please copy and paste the relevant questions and your answers from the forum stikky, we'll take it from there.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

 

HB

[DragonFly1967]

I'd respond to the letter of claim, quite simply and as such... (there is no reason (or need) to be polite)

 

Dear Morons.

 

Thank you for your letter of claim for my vehicle stopping on your clients land for a total period of 29 seconds!

 

If you want to proceed with this vexatious claim, I look forward to seeing both yourselves and Simon in court. Bring tooth brushes!

 

If you come to your senses in the mean time, unlikely I know, I shall expect your letter of withdrawal in the post.

 

They're hoping that you're going to be intimidated in to paying just because they're threatening you with court.

 

Let them take you to court if necessary, there's not a snowball in hells chance that they'd win unless they supply their own Judge.

 

 

I didn't think there were any claims left that I'd not seen before, but 29 Seconds! I really have heard it all now

 

You don't owe them a damn penny. VCS know it, BWL know it but they're both hoping that you don't.

 

 

VCS operate (for want of a better word) under the IPC CoP for AOS Members which says at 15.1.

 

Drivers should be allowed a sufficient amount of time to park and read any signs so they may make an informed decision as to whether or not to remain on the site.

 

Is 29 Seconds long enough to see, read and digest any signs that they will probably claim are there?

 

Unbelievable!

Edited March 8, 2018 by DragonFly1967
Added more info

[dx100uk]

first

there is no such contravention as no stopping

you have to stop to read the signs that explain the contract for NO STOPPING

unless they are above your head across the whole carriageway entrance where you drive in and are totally able to read and afely drive whilst reading them.

 

second, you appear to be equating a private parking charge, which is unenforceable anyway, to a council/police FINE.

its not a fine and never can be.

 

third..read the letter properly it doesn't say WILL anywhere.

 

forth...a letter of claim under the pre action protocol is not applicable to a private parking charge

it only applies to consumer credit agreements.

[ericsbrother]

I would start the letter as dragonfly suggested but after the words 29 SECONDS I would add the line that "this is the same format as the case in jan 2017 where BWL discontinued a claim on behalf of VCS so you both know that you are trying to gain as a fraud by misrepresentation rather than having any reason to claim a bean."

then continue with the suggested wording.

 

They know they dont have a leg to stand on in this but they are greedy and dishonest but you will never get trading standards interested in such a matter

[Sherkin]

My vehicle was stopped in a layby for 15 seconds and I received a ticket. VCS don't seem to have any internal lawyers so the legal output is poor. If you were not stopped in a car park then VCS will have lied to the DVLA to access your data and claimed that you were. It is nothing but a [problem].

 

Did your case actually go to court?

[dx100uk]

you need to start a new thread