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Bw legal/ Britannia Parking, Help with response
Robsey29
post Sun, 9 Dec 2018 - 17:49
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Hi all

Hopefully someone that’s more knowledgeable then me wouldn’t mind just checking over my response before I send it to bw legal.

I will provide a bit of background information. I have received 2 parking fines from Britannia parking limited on the same day via anpr. As I have moved address recently and to my own fault not updating my current address on the v5 nor my driving license straight away I have not received any correspondence from them at my new address about this. The first I have heard about this is a letter from bw legal requesting X2 £160 payments for failure to make a valid payment, as my new address is now updated on my v5 and driving license I would assume bw legal have managed to obtain my new address from somewhere hence the first I have heard about it. The pcn in question is from April 2018.

This is the response I am going to send any suggestions or edits I need to make before sending would be gratefully appreciated.

"Dear BW Legal


Thank you for your letter dated 3rd December 2018 Ref: ******************PLEASE NOTE THIS RELATES TO 2 lLETTERS FROM YOU

I deny any debt to Britannia parking limited and will robustly defend any proceedings in court.

In your letter you refer to Britannia parking limited have instructed you in relation to a parking charge notice (pcn) dated 13th April 2018 for “FAILED TO MAKE A VALID PAYMENT” on 2 separate occasions and failure to comply to make a payment of £60.00 or appeal this within 28 days.

I must advise you I have not received any correspondence from Britannia parking limited in relation to this matter and this is the first correspondence from you “BW LEGAL” I have heard about this matter in question. I find it wholly unreasonable for you to suggest that I have failed to respond to Britannia parking limited when in fact I have received no correspondence from them at all.

Had I received and correspondence from Britannia parking limited I would have replied explaining why your client’s request for payment is without merit. As this is the first and only letter I have received from you I send this response to you.

I will state that this would coincide that I moved address before the pcn date of issue and the DVLA records were updated in due course. Any correspondence or claim from you must be at my current address ********************as I have moved address recently.

Your letter contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon.

Your client must know that on 01 October 2017 a new protocol is applicable to debt claims. Since proceedings have not yet been issued, the new protocol clearly applies and must be complied with.

Your letter lacks specificity and breaches both the requirements of the previously applicable Practice Direction - Pre-Action Conduct and the new Pre-Action Protocol for Debt Claims (paragraphs 6 and 7) Please treat this letter as a formal request for all of the documents / information that the protocol now requires your client to provide. Your client must not issue proceedings without complying with that protocol. I reserve the right to draw any failure of the Claimant to comply with the protocol to the attention of the court and to ask the court to stay the claim and order your client to comply with its pre-action obligations, and when costs come to be considered.

As solicitors you must surely be familiar with the requirements of both the Practice Direction applicable pre-1 October and the Protocol which applies thereafter (and your client, as a serial litigator of small claims, should likewise be aware of them). As you (and your client) must know, the Practice Direction and Protocol bind all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time. It is astounding that a firm of Solicitors are sending a consumer a vague and unevidenced 'Letter of Claim' in complete ignorance of the pre-existing Practice Direction and the new Protocol.

Nobody, including your client, is immune from the requirements and obligations of the Practice Direction and now the Protocol.

I require your client to comply with its obligations by sending me the following information/documents:

1. An explanation of the cause of action
2. Whether they are pursuing me as driver or keeper
3. Whether they are relying on the provisions of Schedule 4 of POFA 2012
4. What the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated
5. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
6. A plan showing where any signs were displayed
7. Details of the signs displayed (size of sign, size of font, height at which displayed)
8. Provide details of the original charge, and detail any interest and administrative or other charges added
9. What address or addresses has Britannia parking limited sent any correspondence too? and evidence of this correspondence they claim to have sent.

I also request you BW Legal a Subject Access Request.

If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) ; Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and © and 16 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.

Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.

Yours faithfully

This post has been edited by Robsey29: Sun, 9 Dec 2018 - 20:01
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post Sun, 9 Dec 2018 - 17:49
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bearclaw
post Sun, 9 Dec 2018 - 18:28
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When was the v5 updated? Whats the Docref date on it...?

a SAR should turn up the NtK that you never had, which could help. Did you have royal mail forwarding from old to new address set up at all?
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Robsey29
post Sun, 9 Dec 2018 - 19:15
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QUOTE (bearclaw @ Sun, 9 Dec 2018 - 18:28) *
When was the v5 updated? Whats the Docref date on it...?

a SAR should turn up the NtK that you never had, which could help. Did you have royal mail forwarding from old to new address set up at all?



I think it was around 6-8 weeks after the incident happened, I did not update straight with everything else on top of moving it’s one of those things that slips your mind.

I did not have any redirection set up from Royal Mail to my new address, so did not receive any notice.

Also I’ve no idea how bw legal have obtained my new address if the pcn was sent to the old address. Is this a data breach maybe?
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Redivi
post Sun, 9 Dec 2018 - 19:32
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Companies chasing a debt aren't breaching data rules by tracing you

Most tracing companies can find you within ten minutes

At least one debt collector has software that checks Experian records without leaving a footprint
Any credit checks such as a new electricity/gas/phone contract will show up and reveal your new address
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Robsey29
post Sun, 9 Dec 2018 - 19:33
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QUOTE (Redivi @ Sun, 9 Dec 2018 - 19:32) *
Companies chasing a debt aren't breaching data rules by tracing you

Most tracing companies can find you within ten minutes

At least one debt collector has software that checks Experian records without leaving a footprint
Any credit checks such as a new electricity/gas/phone contract will show up and reveal your new address



Ok thanks for clearing that up I wasn’t sure.
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nosferatu1001
post Mon, 10 Dec 2018 - 08:37
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Check your DOCREF date. This lets you know when the DVLA updated it

ALWAYS have redirection, and do NOT wait 6 - 8 weeks to update V5. You can do it online now, from memory.
This is mererly an invoice; if it had been a S172 notice then youd be staring at 6 points, big fine and knackered insurance for 5 years.

That LBA response is rather large, have you found the shorter one on the MSE NEWBIES thread (google it!)
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Robsey29
post Mon, 10 Dec 2018 - 13:59
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So doc on v5 was updated on the 30/5 and the pcn was 13/4.

I did have a look on the mse website but could not find the template you are talking about, do you think my response is a bit long winded.
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Robsey29
post Mon, 10 Dec 2018 - 19:06
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If anyone would be so kind in checking if this is a good enough response as I’m running out of time and need to get the ball rolling.
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nosferatu1001
post Tue, 11 Dec 2018 - 07:39
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No, its not good.
I didnt say the website. I said the forum

Google
MSE FORUM NEWBIES THREAD

Should get you there. Post 2.
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