Free Traffic Legal Advice

Please show us the response you get as their clarification and requested information when it arrives. As I have already predicted, Wise are going to instruct BW Legal to file a claim. Let them.

Once a claim has been filed, you will be in a position to defend and put them on notice that they will be required to provide strict proof that they sent an NtH. Later on in the process, they will have to provide evidence of what they allege they sent. You will be able to see any NtH. They will also have to show that they also sent the necessary copies of document with that NtH in order to be able to hold the Hirer liable.

It is all months away. If you do want to see what information they hold about you, then you can send them an SAR, but not before the claim is filed.

In our defence, you will only be answering the woefully inadequate PoC which may not even state the cause of action, another arrow in your quiver to use against them.

Will do, thanks for the help.

The hire company gave them the correct address but Wise Parking made a mistake in the spelling of the address hence probably why the PCN to the hirer was not received.

How would you know, if you didn't receive it??

Submit a SAR and let's end the speculation and deal with concrete facts pl.

The hire company sent notification to the hirer of the details passed on to Wise Parking to reissue the pcn with an attached invoice for their(hire company) admin.costs.

The notification indicated that Wise Parking will reissue the pcn to the hirer but the hirer never received any PCN or letter from Wise Parking till the letter from Trace which had a misspelling of the address and same with BW legal.

Quote from: b789 on June 13, 2024, 11:53:06 am

You ignore Trace and any other useless debt recovery company.

Here is a suggested response to the LoC:

Dear Sirs,

Your Ref. ############
Proposed Legal Proceedings
Claimant: xxxxxx xxxxxxxx Ltd

I refer to your your letter of claim.

I confirm that my address for service for the time being - assuming you don't delay any claim - is as follows, and any older address must be erased from your records:

[Correct address here]

The alleged debt is disputed and any court proceedings will be vigorously defended.

How am I expected to guess the basis of your clients allegations? If alleging breach of contract, please provide a breakdown of the alleged "loss" and state whether the intention of enforcement is for deterrence or revenue.

If alleging trespass, please enclose further evidence of the perpetrator, proof of the liquidated damages alleged and the calculation of this sum by the landholder.

If a "contractual fee" is part of the amount claimed, I require a VAT invoice by return and an explanation from your client how they can allow drivers to park "in breach" for a fee if they were originally contracted to "disallow and deter" - not allow and profit from - unauthorised parking.

I note that there is no breakdown of the alleged debt amount. Please provide a detailed breakdown of the different elements of the amount claimed in your Letter of Claim as required under the PAP. I expect to be able to differentiate between the initial charge amount and any added amounts such as, but not limited to, damages, debt recovery costs, contractual charges, etc. and the VAT element on any added charges.

I require specific answers to the following two questions and under the PAP I am entitled to detailed answers:

1. Does the £150 include what is often dressed up as a 'Debt Recovery' fee, and if so, is this net or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?

2. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

Yours faithfully

Thank you.

The hire company gave them the correct address but Wise Parking made a mistake in the spelling of the address hence probably why the PCN to the hirer was not received.

Why is it appropriate to give the correct address as you’ve suggested above?

You ignore Trace and any other useless debt recovery company.

Here is a suggested response to the LoC:

Dear Sirs,

Your Ref. ############
Proposed Legal Proceedings
Claimant: xxxxxx xxxxxxxx Ltd

I refer to your your letter of claim.

I confirm that my address for service for the time being - assuming you don't delay any claim - is as follows, and any older address must be erased from your records:

[Correct address here]

The alleged debt is disputed and any court proceedings will be vigorously defended.

How am I expected to guess the basis of your clients allegations? If alleging breach of contract, please provide a breakdown of the alleged "loss" and state whether the intention of enforcement is for deterrence or revenue.

If alleging trespass, please enclose further evidence of the perpetrator, proof of the liquidated damages alleged and the calculation of this sum by the landholder.

If a "contractual fee" is part of the amount claimed, I require a VAT invoice by return and an explanation from your client how they can allow drivers to park "in breach" for a fee if they were originally contracted to "disallow and deter" - not allow and profit from - unauthorised parking.

I note that there is no breakdown of the alleged debt amount. Please provide a detailed breakdown of the different elements of the amount claimed in your Letter of Claim as required under the PAP. I expect to be able to differentiate between the initial charge amount and any added amounts such as, but not limited to, damages, debt recovery costs, contractual charges, etc. and the VAT element on any added charges.

I require specific answers to the following two questions and under the PAP I am entitled to detailed answers:

1. Does the £150 include what is often dressed up as a 'Debt Recovery' fee, and if so, is this net or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?

2. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

Yours faithfully

Thank you.

Quote from: H C Andersen on June 13, 2024, 10:47:42 am

You were asked to submit a SAR to Wise. As far as I can see all you've done is phone.

Submit a SAR ASP.

And I suggest you also submit one to BWLegal, after all you want to know what 'we have made several efforts to contact you' means.

There's no point concerning yourself about the LoC because you don't know anything a out the claim, do you.

There’s has been no communication whatsoever from Wise Parking till I received a letter from Trace Debt Recovery regarding a debt owed Wise Parking. I then contacted Wise Parking via email as to the source of the debt but till date Wise Parking has not sent anything as to the source of the debt.

Quote from: DWMB2 on June 12, 2024, 11:02:47 am

It's rather hard to advise on a document that you have seen, but we have not... If you show us a copy we might be able to advise. As a general rule if you're intending to fight this, a response to a Letter Before Claim should set out why you believe no money is owed, and why you won't be paying them.

Also, please don't make multiple posts chasing us to respond - it's been less than 24 hours, that's hardly a long time to wait for a response, especially when you have more than 3 weeks to respond to their LoC. This site is run by volunteers providing you advice free of charge, please be patient.

Apologies for the multiple posts.

Trying to upload the LoC but getting an error indicating the upload folder is full or contact administrator.

Quote from: Prinzo on April 25, 2024, 04:00:26 pm

Quote from: b789 on April 25, 2024, 03:52:57 pm

You’re going to have to wait and see whether/if BW Legal send an LoC. Wise are an IPC company and there is no point in communicating with them except to demand your SAR.

If/when BWL send an LoC, come back for advice on how to respond. Unless they give up, you want this to go to court as a judge is the only truly independent arbiter on whether you owe Wise a debt or not.

In the meantime, they are hoping you are low-hanging fruit on the gullible tree who will capitulate and pay into their scam once you get threatening letters or a court claim. As long as you are here getting advice, you can ignore them until/if an LoC arrives.

Thank you.
Will do.

LoC received today, response before 6th July 2024

Please any advice on responding to the LoC.

LoC received today, response before 6th July 2024