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.
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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.
@b789 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?
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.
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:
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:
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?
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]
Thank you, I will give an update when the time comes.
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