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BW LEGAL – Parking Charge – taking legal action!!!!!!!!

typethistypo asked:

Hi Everyone! 😀

I am fairly new to this website but I am in desperate need of some help. A couple of years ago I was running late for an appointment and had no change on me I ended up parking my car behind a shop in Derby. There were no obvious signs which I have photographed and a sign now has been put in place on the wall where it was not present at the time of my apparent ‘offence’. This was literally a couple of years ago and at the time I ignored the whole thing hoping that it would go away.

Unfortunately I have recently been sent a couple of letters from BW LEGAL. the first letter stated that I had not paid there client and for that rason they were pursuing. It did not include any information about what I owed money for or what parking notice, car park, date or any other info. So I called them to ask what the notice was for. They told me the details and I did recall but I said to them that as it was so long ago I would need to check before I was prepared to make any payments as I could not be sure that this was genuine. They insisted that I should clear the debt that day bu7t I insisted that I could not possibly pay when I had no proof that these were legitamate claims. They said that If i did not clear the outstanding balance there and then that they would then action legal proceedings and wanted to make sure that I was aware of that. I asked questions but they were very vague and just kept repeating ‘I just needed to make sure you were aware that if you did not pay then you will be subject to legal proceedings’. I have since received a letter from BW legal stating ‘Please pay the balance within 16 days from the date of this letter (being 07/04/2016) to prevent legal action from being taken. £100 parking charge and £54.00 for client’sinitial legal fees. they have then listed fees if this proceeds to court. I have looked into my options on here and else where but I am not sure how best to deal with the situation as I did not appeal originally. I do not want to risk getting a CCJ against my name but at the same time I do not think this charge is fair. I don’t want to take the risk of losing and ending up with a CCJ and wonder whether it would be a more sensible option for me to just pay the £154. Please advise.

Thanks
Andy 🙂 :mrgreen: :mrgreen: :mrgreen:

ceylon replied:

only you can choose but

they are not solicitors they are just debt collectors pretending to be solicitors

i would start the 3 letter debt collector process

but only you can decide what to do

typethistypo replied:

The question is now. Are they actually going to take me to court and will I still have the chance to appeal at court. I am going to try the three letter process. How do I go about this?

Tiggy replied:

If you’ve received a Letter before Action (ie threatening a CCJ) you can respond using the County Courts Pre Action Conduct – Request for Further Information. If they commence proceedings against you without responding, in full, to your request, you can apply to the Courts to Stay the Claim until they do respond. Look at the link there’s a letter on here you can adapt and send’ it’s been written for a loan / credit cared requesting proof of debt but there’s no reason it can’t be adapted to proof you owe on an alleged parking fine.

viewtopic.php?f=5&t=85066&p=419344#p419344

typethistypo replied:

Thanks Tiggy. So can I do this inline with the 3 letter procedure or should i complete the pre court process first then folow the 3 letter template proceedure?

Really appreciate your help guys

Tiggy replied:

The 3 letters won’t help with a parking ticket

typethistypo replied:

Ok thanks Tiggy that’s extremely helpful of you. I will send that letter off tonight and await there responce shall I. Then I will post for your advice on where to go after that if you do not mind 🙂 something worth noting is that I have photographic evidence of insufficient signage and a sign has since been placed at the car park.

I really appreciate all of this help. Thanks!!!!