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BW Legal Letter of Claim
IrishHistory
post Wed, 10 Oct 2018 - 16:13
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Just looking for a bit of advice if possible. My daughter has received the following from BW Legal. She has ignored all previous communication from Total Parking Solutions. In keeping with what I already know, she is the registered keeper and we do not know who was driving on the day in question. I have constructed a letter in response to defending the claim using information from this forum and legal beagles.( with pre action protocol info and request for answers to questions and also quoted PoFA, as her not being the driver )
Is that letter going to be sufficient. I can scan and attach if needs be. I also have photos of the area and signage if needs be at this stage.
Thanks in advance

This post has been edited by IrishHistory: Wed, 10 Oct 2018 - 17:53
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post Wed, 10 Oct 2018 - 16:13
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ManxRed
post Wed, 24 Oct 2018 - 08:28
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QUOTE (Red Eric 7 @ Wed, 24 Oct 2018 - 00:37) *
the letter i have from BW Legal mentions that i did not raise an appeal...when i did.
i went in to the car park which is a massive spacious new set-up by a huge public attraction.
i took a phone call for work purposes and then left after twenty mins or so; i never left my vehicle or even parked in a proper bay and definitely did not enjoy the environment or other public facilities. it was early one friday afternoon and the car park was empty.

any view people?


Yes. You need to start your own thread, we have a one case/one thread rule here.

Also, just because you were sat in the car doesn't mean you weren't 'parked'. There are probably other angles though.

This post has been edited by ManxRed: Wed, 24 Oct 2018 - 08:28


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IrishHistory
post Fri, 9 Nov 2018 - 09:55
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I have received a reply to my letter I sent BWLegal which was pretty much exactly along the lines of nosfratu1001's post above. This is the response I've received.
Attached Image


Now according to ostell, above, the isn't a contract which BWLegal now seems reliant upon? I'm assuming my next response would be on those lines? Again, any help very gratefully received!

This post has been edited by IrishHistory: Fri, 9 Nov 2018 - 09:59
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nosferatu1001
post Fri, 9 Nov 2018 - 10:12
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You again point out
1) The keepr did not breach any supposed terms, so stop stating so. Your misleading of a consumer is again noted and will be used to lcaim full costs, on the indemnity basis, shoudl you be foolish enough to continue
1a) show how they havent complied with POFA, I presume you can? youve had a few weeks to brush up on it.
althernatively
1b) state your client appears to be unsure - that this was POFA or was not a POFA compliant Notice. However, having stated one way and then the other, their client is either incompletent or is misleading you the consumer - please indicate which one.
2) The Keeper is oinly potentially liable for the amount on the NtK, not any random amounts. This is clear in POFA seheudle 4.. .(give the exact ref and the text) which says ...
You require an explanation of their authority for adding on these charges, and how they can get aournd the clear will of parliament. This must reference actual legislation and not just another unverified assertion
3) You are clearly aware that CPR27.14 restricts "legal costs" from being added to a small claims track claim, which is the only track this calim can possibly end up on. So even if yo ucan somehow get around POFA restrictions, you cannot get around the CPRs.

Wha Ostell was saying is that the sig makes no offer. BW Legal are WELL aware that without an offer, there cannot be a contract, and so no contract can be breached. You require them to explain where in the sign an OFFER is made.
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IrishHistory
post Fri, 9 Nov 2018 - 14:58
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Thankyou very much yet again, nosferatu1001.
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nosferatu1001
post Fri, 9 Nov 2018 - 16:36
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You can answer the question imposed you at 1a?

Show us your draft.
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IrishHistory
post Wed, 21 Nov 2018 - 15:50
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Back again, as requested nosgeratu1001, here is my draft letter in response. I've found the PoFA bit, but I'm lacking time at the mo to delve fully into it...I've got my thesis to hand in in a matter of weeks for my PhD so your help is absolutely vital and very much appreciated...normally, I'm very obsessive about these things but not currently!
Anyway here's my draft
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IrishHistory
post Mon, 10 Dec 2018 - 09:47
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I sent the letter above off to BW and this is their response. I just can't get my head around how to respond, they keep coming back with rubbish, I can see that but legal speak etc is alien to me so any pointers or advice as to how to respond would be great. Thanks!
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nosferatu1001
post Mon, 10 Dec 2018 - 09:57
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Repreat your letter of X date, enclosed, and express surprise at their letter of Y date which failed to address any of the substantive points you raised

THe Code of Practice can say anything it likes, you want an explanaiton of how a Code of Practice from a non-regulatory body an override both POFA (statute) and the CPRs
Another response from the office teaboy will not be acceptable

You have 14 days to confirm that this matter is closed.
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cabbyman
post Mon, 10 Dec 2018 - 18:02
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You could also ask them to define the verb 'to purse!'


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IrishHistory
post Tue, 11 Dec 2018 - 07:28
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Thank you both, will get that sorted and posted off signed for today. Your help is so gratefully received.

Cabbyman...hate 'lol' but lol! Missed that corker!


Thankyou nosferatu1001 yet again. Will get the reply written up today and sent off signed for.
I am so grateful for your help, thankyou both

This post has been edited by IrishHistory: Tue, 11 Dec 2018 - 07:30
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nosferatu1001
post Tue, 11 Dec 2018 - 09:17
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Show us your draft
Dont rush this

Not signed for. First class, free proof of posting.
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