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BW Legal letters on behalf of Total Parking Solutions LTD
mh007
post Sun, 28 Mar 2021 - 23:27
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Hello all, I am a new member & I am seeking some advice if possible please.

Out of the blue, my daughter (as the registered keeper) received a letter late February 2021 from BW Legal stating that she owed Total Parking Solutions LTD £210.00 for 3 outstanding PCN's from 2017 for a university car park.

BW Legal have added £160.00 debt recovery costs bringing the total they are demanding to £370.00.

My daughter (as the registered keeper) has no recollection of any PCN's whatsoever from that time.

She lives at home with us & I can say without any doubt that she has never received a single letter from Total Parking Solutions LTD regarding these PCN's & that is why the letter came as a complete surprise.

To be honest, we didn't do anything about the letter because we thought it may be some kind of scam, although it did upset my daughter when she read it.

Today she received a second letter headed "Your outstanding account with us" just basically saying that they had recently sent a letter & that if she did respond to this latest one, the account will progress to a Pre-Action Protocol letter & if payment isn't made, their client (Total Parking Solutions LTD) will take legal action to recover the amount due (the amount they say is due of course).

Any advice would be greatly appreciated please.

This post has been edited by mh007: Wed, 31 Mar 2021 - 08:23
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post Sun, 28 Mar 2021 - 23:27
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nosferatu1001
post Wed, 21 Apr 2021 - 10:03
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No, but the point stands - you can only claim what you know, and you cannot say no ntd was attached. You can say it was not there when the driver returned, and that was it.

They have proof, but not what you think is proof. They have evidence in the form of. Statement saying it was placed on the vehicle. Same as you can have evidence stating otherwise.

Without evidence of where the vehicle was parked they will struggle to prove their claim, but unless you dispute it, then they don't need to prove it. A court claim is based in assertions that you accept, deny or say why you cannot do either. Obviously anything accepted does not need proof, as you accept it is true.
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mh007
post Wed, 21 Apr 2021 - 18:31
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Thank you to The Rookie & nosferatu1001 for your further input.

The responses from TPS regarding the letters (post #39) make it clear that they are not willing to discuss anything about this & have told my daughter that she wishes to discuss it, she must contact BWL directly.

We are still waiting for the SAR from DVLA & still waiting for the CPR from BWL that was requested previously.

This post has been edited by mh007: Wed, 21 Apr 2021 - 18:34
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nosferatu1001
post Wed, 21 Apr 2021 - 22:28
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If they've instructed solicitors then solicitors are who you contact.
If they're merely debt collectors, then you don't care.


You will get nothing back from BW as a result of a CPR31.14 request. They willl deny it splllies, you won't get this I front of a judge before it's on the SCT where this cpr is specifically denied from applying.
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mh007
post Thu, 22 Apr 2021 - 16:58
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We received an email today from BWL.

It says "Thank you for your recent email, the contents of which have been noted on file.

Please clarify what you mean by a CPR. The Civil Procedure Rules can be found at (link provided by them).

Please also note that we closed this case at our clients request on 17th April 2021".

So, from this I assume that is that.

We have asked BWL to confirm this by letter if they have not already done so.

Thank you all on here for your input & extremely helpful advice.

This post has been edited by mh007: Thu, 22 Apr 2021 - 17:00
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nosferatu1001
post Thu, 22 Apr 2021 - 17:21
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So do you have confirmation from the ppc this is cancelled?
Hound them until you do
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mh007
post Thu, 22 Apr 2021 - 18:14
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We have just sent TPS an email requesting confirmation that the case is closed & no further action.

As said, we have already requested that BWL confirm the same by letter.
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’Allo’Allo!
post Thu, 22 Apr 2021 - 19:46
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Well done! And congratulations it seems.

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mh007
post Fri, 23 Apr 2021 - 20:58
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I don't think It's over quite yet!

Today my daughter received a Letter of Claim from BWL dated 19th April 2021.

We have emailed TPS & BWL again to confirm the email received to say the case was closed (details in post #64).

This post has been edited by mh007: Fri, 23 Apr 2021 - 20:59
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nosferatu1001
post Fri, 23 Apr 2021 - 21:08
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Definitely the same ref numbers?
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mh007
post Fri, 23 Apr 2021 - 22:31
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No reference number to any PCN but the same reference number (as in the "our reference number") on both of their previous letters, the first of which does contain the three PCN numbers. The Letter of Claim also has the same "our reference number" & also the three PCN numbers so definitely the same case.

Interestingly, the driver has never been identified & yet on the letter under "Particulars of Debt" it states:

"On each occurrence, you were granted a limited contractual licence to enter private land, which is managed & operated by our client. In return, you were to abide by certain terms & conditions which were prominently displayed on the signage erected in situ by our client. On the dates referred to above (between 20th November & 29th November 2017) you breached the Terms & Conditions".

So, they are of course referencing my daughter (as the registered keeper) but have also assumed that she was the driver at the time of the alleged contraventions.

They also provide an Estimated Claim:

Principal Debt + Debt Recovery Costs £370.00
Estimated Interest £100.15
Estimated Court Fees £25.00
Estimated Solicitors' Costs £50.00
Estimated Total £545.15

(As said in my first post, TPS PCN's were £210.00 & BWL added £160.00 debt recovery charges on top making it £370.00).

When I requested the CPR from BWL, they seemed unsure of what I actually wanted.
Should I have put a number after this (such as CPR 18 - request for further information) please?

This post has been edited by mh007: Fri, 23 Apr 2021 - 23:07
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nosferatu1001
post Sat, 24 Apr 2021 - 00:07
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Demand an explanation for why a file closed on the 17th generated a new letter on the 19th.

Driver - yes of course. They make assertions and hope you don't deny them every time.

You should have of course stated CPR31.14 but, and again, they have a standard template response which is this does not apply, they will not change that, and unless you're willing to pay £100 to get it in front of a judge, who is still more likely than not to deny it as discovery. Does. Not. Apply. To. Small claims.
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ostell
post Sat, 24 Apr 2021 - 10:08
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Agreed that discovery, ie CPR 31.14, does not apply to small claims track but at the time of request there has been no allocation to track.
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nosferatu1001
post Sat, 24 Apr 2021 - 12:22
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QUOTE (ostell @ Sat, 24 Apr 2021 - 10:08) *
Agreed that discovery, ie CPR 31.14, does not apply to small claims track but at the time of request there has been no allocation to track.

Which I acknowledge.

They'll delay and say it doesn't apply. You k:now they will,as that's what they've done every single time
How do you propose to force them , other than by Application?

It's a waste of time doing it.
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ostell
post Sat, 24 Apr 2021 - 13:25
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DCBL used to do this and I suggested a few times to complain to the SRA and now there has been a couple of correct responses
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nosferatu1001
post Sat, 24 Apr 2021 - 16:40
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Bwl just say they will only do X when ordered.
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mh007
post Tue, 27 Apr 2021 - 09:08
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My daughter has just received three letters (one for each PCN) from TPS to confirm that they have been cancelled & no payment is required!

So, a success story & thank you once again to all on here for your input & advice.

We have sent an email to BWL demanding to know why a Letter of Claim dated 19th April was sent when they had already informed my daughter that they had closed the case on the 17th April on instructions from TPS but as yet no reply & to be honest, we're not expecting one & it doesn't matter now.
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The Rookie
post Tue, 27 Apr 2021 - 09:42
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Well done!


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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