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Bw Legal and IPSERV
MR CHEEKS
post Wed, 5 Feb 2020 - 12:21
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Hi all, just found this forum, never had a clue it existed.

So I have a friend who back in June had a parking ticket from Ipserv at the University of Suffolk in Ipswich. They alleged that they parked there without purchasing a ticket. This was incorrect as they did buy a ticket but subsequently entered the wrong car reg as they were using a friend's car due to theirs being off the road.

They challenged this through popla but didn't get the fine overturned. They responded back to Ipserv with details of the parking ticket (issued through Ringo), details of the temporary insurance they bought to cover the period their car was off the road, and still they refuse to cancel the ticket. They unwittingly also told them they were the driver even though they weren't keeper.

Ipserv passed the details to Trace and they kept sending letters demanding not only the £100 (increased from 60 due to missed payment) but also another £60 admin fee (payable to trace if assume). They contacted trace to advise them they could not afford the payment and several emails were sent back and forth as they were demanding that they needed an authorised person to speak to them, to give them permission to speak to Ipserv to discuss reducing the fine back to £60 as they even thought the fine was excessive. My friend to this day has never heard back from trace.

Today, my friend received a letter from BW Legal advising they have now taken this over from trace and demanding payment of the £160 or they could face court action.

Their question is, where do they stand and what should their next move be? I've tried trawling through the Web for them but it's a minefield and I really have no clue.

Any help I'm sure would be gratefully received.

Regards

Mr C.
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post Wed, 5 Feb 2020 - 12:21
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MR CHEEKS
post Fri, 14 Feb 2020 - 16:43
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QUOTE (nosferatu1001 @ Fri, 14 Feb 2020 - 16:07) *
No, you respond back, denying the debt and stating that AS PER the pre action protocol., they are INSTRUCTED to cease processing for at least 30 days while you seek debt advice

Confirm that you have done this, else you will be rported to the SRA for yet another breach of your professional duties.


This has now been done, will post any further correspondence. SaR is being written and posted tomorrow to Ipserv.
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MR CHEEKS
post Thu, 20 Feb 2020 - 10:18
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UPDATE

Today my friend received a letter of claim from BW Legal, this despite telling them to stop all proceedings for a minimum of 30 days and sending out the SAR to Ipserv.

As a novice, what would be her next move? Ignore this totally and wait for the SAR information??
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nosferatu1001
post Thu, 20 Feb 2020 - 13:39
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No, why woul dyou ignore a letter before claim? you have NEVER seen any info here that says that

As above. deny the debt. Seeking debt advice. State why denying debt. State htey must cease processing for at least 30 days.
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MR CHEEKS
post Thu, 20 Feb 2020 - 15:52
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QUOTE (nosferatu1001 @ Thu, 20 Feb 2020 - 13:39) *
No, why woul dyou ignore a letter before claim? you have NEVER seen any info here that says that

As above. deny the debt. Seeking debt advice. State why denying debt. State htey must cease processing for at least 30 days.


I understand you must get frustrated when dealing with people who have never dealt with these situations and I admire you and thank you for your help. But please also understand that I am just that - a newbie just starting out on this road.

I will tell my friend to email them again and deny it for a 3rd time. I assume she should now prepare for court. She has sent the SAR, and given them 30 days to respond.
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nosferatu1001
post Fri, 21 Feb 2020 - 07:35
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Yes, she should prepare for court. Chances are quite high
Its more - yes, youre a newbie. That just means you have to do *more* research *first*.
This is a forum
Use it

MSE Forum -? Parking -> Newbies thread -> Post 2. Your friend must be well versed in ALL stages of the court process, so NONE of it comes as a surprise. Preparation here is utterly key.
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MR CHEEKS
post Thu, 27 Feb 2020 - 13:39
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So further update, BW Legal refuse the 30 day period and are claiming they are only giving her 14 days despite the SAR request going in which can take 30 days. She has sent 3 emails now which they are ignoring. Is there a way she herself can become more demanding?
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nosferatu1001
post Thu, 27 Feb 2020 - 13:47
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this has NOTHING to do with the SAR!
Dont confuse the two
The REQUIREMENT to delay for at least 30 days while SEEKING DEBT ADVICE (you used those exact words?) is set out in the PAP for debt claims
Ask them if they are admitting they have no interest in fololowing the PAP, and if so theyre happy for their behaviour to be classed as unreaosnable?

Youre not changing their mind
Youre making them look **** for when it comes in front of a judge.

The recipient of a message isnt always te intended audience, remember.
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MR CHEEKS
post Thu, 27 Feb 2020 - 13:58
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QUOTE (nosferatu1001 @ Thu, 27 Feb 2020 - 13:47) *
this has NOTHING to do with the SAR!
Dont confuse the two
The REQUIREMENT to delay for at least 30 days while SEEKING DEBT ADVICE (you used those exact words?) is set out in the PAP for debt claims
Ask them if they are admitting they have no interest in fololowing the PAP, and if so theyre happy for their behaviour to be classed as unreaosnable?

Youre not changing their mind
Youre making them look **** for when it comes in front of a judge.

The recipient of a message isnt always te intended audience, remember.


Yes, the exact words were used. Will follow the above. Thanks.

She has so reached out to the landowner again, they refused to help at first but after pointing out they had the power to stop all proceedings, they are now investigating it more from their end. So there is hope still
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