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#Post#: 64099--------------------------------------------------
Received a letter of claim from BW Legal for contravention in
2023! ENGLAND
DIR By: joebloggs90
Date: March 25, 2025, 12:00 pm
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Hi there,
I have just received a letter from BW Legal informing me they
are chasing a fine for their client: "Smart Parking Ltd"
I have never heard of this fine and likely letters were sent to
an old London address which I have not lived in for a long time
and only recently changed my V5 etc to the new address.
I have checked this contravention on the smartparking website.
It looks like it occurred on a Sunday in a private car park
above a bicycle shop. My memory is hazy but I probably went to
the shop and accidentally parked in the private bay rather then
the bicycle shop bay as there are some bays for each. They have
attached two images which are very dark (basically black) with
nothing but a zoomed in image of my reg plate.
The letter has multiple pages giving me payment plans but says
that "the reason your case would escalate to country court is a
failure to pay the sum set out in the letter of claim before
19th April 2025" and that "our client has no authorised us to
take legal action to recover the sum due to them" and that "if
on expiry of this letter your case proceeds to County Court you
will incur further costs"
I'm really not sure what to do here and dont want to respond to
them before seeking advice on here.
Thank you.
[attachment deleted by admin]
#Post#: 64120--------------------------------------------------
Re: Received a letter of claim from BW Legal for contravention
in 2023! ENGLAND
DIR By: b789
Date: March 25, 2025, 1:34 pm
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Just wait for the N1SDT Claim Form from the CNBC to arrive. When
it does, redact only your personal info, the claim number and
the MCOL password. Leave everything else visible, especially all
dates and the Particulars of Claim (PoC).
I am fairly sure that Smart Parking will not have a valid
contract flowing from the landowner to issue PCNs at the
location.
#Post#: 64135--------------------------------------------------
Re: Received a letter of claim from BW Legal for contravention
in 2023! ENGLAND
DIR By: G6PRK
Date: March 25, 2025, 3:23 pm
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[member=26]b789[/member] any risk they play games and revert to
the old address for N1SDT or does it have to be the same as the
LoC? Worth a DRN anyway just in case?
#Post#: 64164--------------------------------------------------
Re: Received a letter of claim from BW Legal for contravention
in 2023! ENGLAND
DIR By: joebloggs90
Date: March 26, 2025, 3:50 am
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Thanks both. Just to check my understanding so far:
- I don’t need to take any immediate action and can ignore the
19th April deadline in the Letter of Claim, unless I receive a
County Court claim form (N1SDT) from the CCBC.
- If that happens, I’ll redact my name, address, claim number
and MCOL password before posting it here, but leave the dates
and PoC fully visible.
I haven’t yet sent the robust response to BW Legal as outlined
in the MSE Newbies thread (disputing the debt, requesting a
30-day hold, asking the two questions about VAT and damages vs
contract). I’ve also not submitted a complaint to the landowner.
Should I be doing both of those now, and in what order? Just
want to make sure I’m following the right steps.
#Post#: 64201--------------------------------------------------
Re: Received a letter of claim from BW Legal for contravention
in 2023! ENGLAND
DIR By: b789
Date: March 26, 2025, 6:55 am
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I am tending not to bother with the response to the LoC as it is
a bit of an old battle of the boilerplates. Whatever happens,
the claim is issued.
You can use the MSE template but don't include the 30 debt hold.
That just prolongs it unnecessarily.
Here is an adapted version you can use for the LoC response:
--- Quote ---
> Dear Sirs,
>
> Re: Letter of Claim dated [insert date]
>
> I refer to your Letter of Claim.
>
> I confirm that my address for service at this time is as
follows, and I request that any outdated address be erased from
your records to ensure compliance with data protection
obligations:
>
> [YOUR ADDRESS]
>
> Please note that the alleged debt is disputed, and any court
proceedings will be robustly defended.
>
> I note that the sum claimed has been increased by an excessive
and unjustifiable amount, which appears contrary to the
principles established by the Government, which described such
practices as “extorting money from motorists.” Please refrain
from sending boilerplate responses or justifications regarding
this issue.
>
> Under the Pre-Action Protocol for Debt Claims, I require
specific answers to the following questions:
>
> [indent]1. Does the additional £70 represent what you describe
as a “Debt Recovery” fee? If so, is this figure net of or
inclusive of VAT? If inclusive, I trust you will explain why I,
as the alleged debtor, am being asked to cover your client’s VAT
liability.
> 2. Regarding the principal sum of the alleged Parking Charge
Notice (PCN): Is this being claimed as damages for breach of
contract, or will it be pleaded as consideration for a purported
parking contract?[/indent]
>
> I would caution you against simply dismissing these questions
with vague or boilerplate responses, as I am fully aware of the
implications. By claiming that PCNs are exempt from VAT while
simultaneously inflating the debt recovery element, your client
– with your assistance – appears to be evading VAT obligations
due to HMRC. Such mendacious conduct raises serious questions
about the legality and ethics of your practices.
>
> I strongly advise your client to cease and desist. Should this
matter proceed to court, you can be assured that these issues
will be brought to the court’s attention, alongside a robust
defence and potentially a counterclaim for unreasonable conduct.
>
> Yours faithfully,
>
> 
[YOUR NAME]
>
--- End Quote ---
#Post#: 64565--------------------------------------------------
Re: Received a letter of claim from BW Legal for contravention
in 2023! ENGLAND
DIR By: joebloggs90
Date: March 28, 2025, 2:34 am
---------------------------------------------------------
Thank you, I will give an update when the time comes.
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