Author Topic: Chased by BWLegal for Debt on a PCN not received.  (Read 3568 times)

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Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #15 on: »
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.
« Last Edit: June 13, 2024, 10:02:41 am by Prinzo »

Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #16 on: »
This thread advises on uploading using a third party site like Imgur: READ THIS FIRST - Private Parking Charges Forum guide

Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #17 on: »
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.


Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #18 on: »
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.

Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #19 on: »
A SAR is not advised at this stage. Let them file a claim with the usual woefully inadequate PoC which the defendant is unable to respond to properly which will fail to comply with Civil Procedure Rule 16.4 and Practice Direction Part 16.

Once the claim is received, the OP can request a SAR. However, the defence will relate to the inadequate PoC and raise this for the courts consideration.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #20 on: »
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.

Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #21 on: »
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.


Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #22 on: »
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
« Last Edit: June 13, 2024, 11:54:51 am by b789 »
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #23 on: »
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.

In the email comms.with Wise Parking, they claim the original pcn was sent to the hire company , who then gave them details of the hirer, however no reissued PCN was received by the hirer and when a copy and proof of postage was requested, they asking for confirmation of address before sending anything, and till date no PCN has been sighted by the hirer.

There’s also a spelling mistake in the address used by both Trace Debt Recovery and BW Legal.

Wise Parking also claim that as a company they do not issue tickets and affix them to vehicle, but they use a digital ticket hence the enforcement officer did not place the ticket on the vehicle.



Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #24 on: »
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.

Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #25 on: »
You are at LoC stage. Ignore Trace. Let them file their claim.

At any stage, have you identified as the "driver"? Hopefully not. You should only have ever communicated as the "Hirer".
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #26 on: »
You are at LoC stage. Ignore Trace. Let them file their claim.

At any stage, have you identified as the "driver"? Hopefully not. You should only have ever communicated as the "Hirer".

Never identified as the driver.

I think it’s Trace who have instructed BW legal to start the legal proceedings, it’s all related to the same Wise Parking pen.

Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #27 on: »
Trace cannot instruct anyone to do anything. Trace are not a party to any contract you have allegedly breached. Stop being fooled by anything that Trace or any other DRA throw at you. They are bottom-dwelling vermin that will not hesitate to try and scam you into believing that they have any power to do anything other than to scare you into wasting your money for their profit.

Only the parties to the alleged contract can do anything. The PPC will have instructed BW Legal to proceed with a claim.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #28 on: »
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?

Re: Chased by BWLegal for Debt on a PCN not received.
« Reply #29 on: »
Because if they hold an incorrect or old address, they could file a claim and you would know nothing about it and they would eventually obtain a CCJ by default. Once that happens, it is much more complex to get it set aside and can be expensive.

You need to make sure they have your correct address for service. If they don't or have a slightly incorrect address, you could face a world of financial pain should they obtain a CCJ by default. It's just not worth it.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain