Author Topic: Help needed  (Read 1565 times)

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Re: Help needed
« Reply #15 on: »
The email has bounced back and they now only use a portal. Shall I submit this to their portal?

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Re: Help needed
« Reply #16 on: »
That auto-response from BW Legal is not a genuine email bounce. A true "bounce" (either hard or soft) would be generated by a mail server, not by a noreply autoresponder. This message confirms that the email was received by their system, but they are choosing not to acknowledge or process it, which is an entirely different matter.

The key phrases:

"Your email has not been received"

"It is being returned as undelivered"

are misleading. If the message were undelivered, your email client or server would have issued a Delivery Status Notification (DSN) or Non-Delivery Report (NDR). Instead, this is just a standard template intended to deter direct email communication.

This practice raises legitimate concerns about transparency and accessibility, especially for debt-related matters where secure and provable communication is vital. There is also be an argument that such conduct breaches the SRA Standards and Regulations, including the Code of Conduct for Solicitors.

Try resending to disputeresolution@bwlegal.co.uk instead, making sure you CC in yourself.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Help needed
« Reply #17 on: »
Thank you. Will email now..

Re: Help needed
« Reply #18 on: »
Use the old name (the one on the LoC) — because BW Legal will only deal with the person named in their records or someone with formal authority.

BUT — include both:

• A Letter of Authority from the Keeper (signed in their current, correct name)
• A short statement enclosing the deed poll and requesting that BW Legal update their records accordingly

This keeps it legally correct, doesn’t create confusion at this stage, and ensures that the court claim (when it comes) is issued in the Keeper’s correct name.

Here is the slightly altered response to the LoC:

Quote
[Parents Name]
[Address]
[Date]

BW Legal
Enterprise House
Apex View
Leeds
LS11 9BH

By email to: enquiries@bwlegal.co.uk

Dear Sirs,

Re: Letter of Claim dated 14 April 2025

Client: UK Car Park Management Ltd
PCN Ref: [Insert Reference]
Registered Keeper: [Old Name on PCN]

I write on behalf of the Registered Keeper in relation to your Letter of Claim dated 14 April 2025. Please find attached a signed Letter of Authority confirming I am authorised to act in this matter.

I confirm that the correct address for service is:

[Insert Current Postal Address]

Please update your records and erase any outdated addresses in accordance with data protection legislation.

The alleged debt is fully disputed and any claim will be robustly defended. The sum claimed has been grossly inflated and appears to include a disproportionate and unjustified amount, which the Government has described as “extorting money from motorists.”

In accordance with the Pre-Action Protocol for Debt Claims, I request the following information and documentation:

1. Does the additional £70 represent a “Debt Recovery” fee? If so, is it inclusive of VAT? If it is, why is the alleged debtor being asked to bear your client’s VAT liability?

2. Is the principal PCN sum claimed as a contractual charge (consideration), or as damages for breach of contract?

3. A copy of the original Parking Charge Notice;

4. Copies of all photographic evidence relied upon, particularly those purporting to show no permit was displayed;

5. A clear image of the signage showing the full terms and conditions in force at the location on the date in question;

6. Evidence that the signage was visible from the specific bay where the vehicle was parked;

7. A full, unredacted copy of your client’s contract with the landowner or lawful occupier confirming their authority to issue and enforce PCNs at the site;

8. Evidence that any leaseholder or freeholder of the bay in question permitted your client to enforce terms or issue charges.

I also wish to advise you that the Registered Keeper has since changed their legal name. A copy of the deed poll is enclosed for your records. Please ensure your records reflect this, and that any proceedings are brought against the correct legal name of the individual concerned.

Should your client proceed with a claim without supplying the requested documents, this will be brought to the attention of the court and will be cited in any application for costs under the CPR for unreasonable conduct.

Yours faithfully,

[Parents Name]
(On behalf of the Registered Keeper)
I have had a response- do i need to do anything more?

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Re: Help needed
« Reply #19 on: »
Respond with the following and CC in yourself:

Quote
By email to: enquiries@bwlegal.co.uk

Date: [Insert Today’s Date]

Dear Sirs,

Re: Letter of Claim dated 14 April 2025

Your Client: UK Car Park Management Ltd
PCN Ref: [Insert Reference]
Vehicle Registration: [Insert VRM]
Registered Keeper: [Updated Legal Name]

I write further to your unsatisfactory reply to my response under the Pre-Action Protocol for Debt Claims.

Despite being provided with a signed Letter of Authority and formal notification of a legal name change, you have failed to substantively address any of the issues raised. You have not provided the requested documents, nor have you answered the reasonable and relevant questions necessary to understand the basis of the claim.

Instead, you have:

• Refused to disclose the landowner contract on the flawed basis of “commercial sensitivity,” which is not a valid exemption under the Protocol or relevant case law;
• Ignored all 8 information/documentation requests made in accordance with paragraph 5.1 of the Pre-Action Protocol;
• Demanded an arbitrary “password” to process correspondence, despite already being in lawful possession of the Letter of Authority and deed poll, thereby frustrating legitimate communication.

The required information was, and remains, as follows:

1. Clarification on whether the £70 represents a “Debt Recovery” fee, and if so, whether it is inclusive or exclusive of VAT;
2. Clarification on whether the principal PCN sum is claimed as a contractual charge (consideration), or as damages for breach of contract;
3. A copy of the original Parking Charge Notice;
4. Copies of all photographic evidence relied upon, especially those purporting to show no permit was displayed;
5. A clear image of the signage setting out the full terms and conditions at the site on the date of the alleged contravention;
6. Evidence that signage was in place and visible from the specific bay where the vehicle was parked;
7. A full, unredacted copy of the contract or agreement between your client and the landowner or lawful occupier, confirming your client’s legal authority to issue and enforce charges at the site;
8. Evidence that the leaseholder or freeholder of the bay in question permitted enforcement by your client.

Your client is a serial litigant and should be fully aware, as you should also be, that the Practice Direction – Pre-Action Conduct (paragraphs 6(a)–6(c)) and the Pre-Action Protocol for Debt Claims require this material to be provided before proceedings are commenced.

If proceedings are issued without your client complying with these obligations, I will invite the court to:

• Stay the claim under paragraph 15(b) of the Practice Direction;
• Strike out any inflated or unsubstantiated elements of the claim;
• Impose costs sanctions under CPR 27.14(2)(g) for unreasonable pre-action conduct.

These procedural and evidential failings will be brought to the court’s attention with reference to the authorities of:


Unless and until the requested information is provided, no further correspondence will be entered into. Should your client choose to litigate without first complying, it does so at risk.

Yours faithfully,

[Your Name]
(On behalf of the Registered Keeper)
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Help needed
« Reply #20 on: »
Before you send that - the letter from BW Legal refers to some information they claim is attached - was anything attached? If so, what?

Re: Help needed
« Reply #21 on: »
They did attach photos of the car, the pcn, the final before going to legal and a photo of the sign.  Should I amend the response above?


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Re: Help needed
« Reply #22 on: »
Before you send that - the letter from BW Legal refers to some information they claim is attached - was anything attached? If so, what?
Have attached what they have sent through.

Re: Help needed
« Reply #23 on: »
I doubt that it was DBW Legal that provided those photos. OP, when you say "they", please clarify who "they" are! "They" could be the operator or BW Legal!

I suspect that any "attachments" mentioned by BW Legal are the standard forms they include with an LoC.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Help needed
« Reply #24 on: »
Sorry, yes the above photos were sent by be legal. But yes these are the photos that we have seen previously with the loc

Re: Help needed
« Reply #25 on: »
I assume I amend the letter of reply removing section about the photo evidence and original pcn?
Do I need to alter anything else?

Re: Help needed
« Reply #26 on: »
So move point #4 in the response and renumber the rest.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Help needed
« Reply #27 on: »
Thanks. Have sent. Will update when I next hear from bw