Hi,

I posted this in another VCS BW Legal thread and got a reply suggesting I post it as a new thread in its own right

so I have pasted it below.

I have what I think is the same letter as many others.

It is from BW Legal representing VCS.

It is dated 20th June 2016 and says

"our client now requires full payment of the Balance within 10 days from the date of this letter,

this date being, 30th June 2016, failing which our client has instructed us to commence county court proceedings

against you for recovery of the balance.

My question is what happens next and what should I do?

I am unfamiliar with the County Court proceedings.

I am prepared to go to court if need be.

I wonder if BW Legal take my non response as indicating I am soft touch

and that I will fail to reply to a County Court Claim and they would win by default.

I am thinking of replying to them with - I do not recognise the debt.

I will dispute it in the County Court.

Any advice on that one?

Three features of my case which I think are different.

I am perfectly entitled to part where I was.

There can be question of a loss.

By coincidence, my wife, a nurse, picked up a similar ticket at the same time when visiting a hospital she was entitled to but not displaying, so we are being chased for two payments.

She has had the exact same thread of emails at the same time as me.

Lastly BW Legal got my mobile number and rang me twice and sent a text once. That felt very intrusive.

Some details.

On 14/11/2011 My company moved into new premises.

I signed up for a designated parking space, which I pay for out of my salary.

I have paid for that space every month since and am still paying for it.

I am entitled to park in that space 24/7 365 days a year.

I occasionally use my wife's car and on this occasion forgot to switch the permit back.

I got a PCN is for "Parking without displaying a valid ticket".

My position is that as the only person entitled to park there is me there can be no loss for VCS to recover.

Their charge of £100 for such a simple over sight is arbitrary and excessive.

I do not recognise the debt.

I have not appealed or responded as I have no faith in the impartiality of any body I have been referred to so far.

In my view the only body which can put a value on the 'debt' is a court.

Obviously if a court ruled I had a debt I would pay it immediately.

Brief standard details and timeline

29/7/2015 PCN attached to the car.

4/9/2015 VCS £100 Notice to Keeper / Driver demanding £100.

14/10/2015 Debt Recovery Plus £160 Demand for payment

29/10/2015 Debt Recovery Plus £160 Notice of Intended Court Action

13/11/2015 Debt Recovery Plus £128 Reduced Payment Offer

30/11/2015 Zenith Collections £79.99 without prejudice. Zenith Collections are now responsible for recovery,

10/12/2015 Zenith Collections £79.99 Pay £79.99 or we withdraw the offer.

23/05/2016 VCS - 'sent' to BW Legal

23/5/2016 BW Legal £154 Been instructed... will seek clients instructions

w/c 04/06/2016 BW Acquired my mobile number and rang twice leaving messages.(I do not know how the got my number)

20/06/2106 BW Legal SMS Message to contact them

20/06/2016 BW Legal Pay by 30th June, failing that our client has instructed us to commence County court proceedings.

so you have not actually got a claimform yet?

dx

Hi,

No Not a claim form. It is their most threatening letter yet. It says: "...this date being 30 June 2016, failing which our client has instructed us to commence County Court proceedings against you...."

I am wondering if contacting them to say - I don't' recognise the debt and will contest any County Court proceedings - would discourage them? I wonder if they think as I have not responded I would roll over on a County Court action.

Instructed doesn't mean will

As with all the other bw/excel/vcn threads here

If you use the search cag box of the top red toolbar

There no set reason if/if not they will issue a claim

Its potluck

But won't hurt to send the simple brief rebuttal letter

In many of the threads

Sometimes on a totally ignore chain

They issue a speculative claim form

Hoping it is not defended

If you defend all

They usually give up

Dx

Thank you for the greeting,the letter I have was drafted by a retired lawyer who was appalled by the predatory tactics used at JLA

There are numerous mentiions on this thread of a rebuttal or debt denied template mail. Coudl some one send it to me or point me at a link to it?

I've seen many references to a rebuttal ot debt denied template mail. Can some one send me a copy or point me at a link to it.

..

dx

I intend to send BW Legal as slimmed down version of this. I propose the following. Any thoughts? I expect this will get a string of mails but I will revert to not replying until I get something from a court.

Dear Sirs

Your Ref: ***********

I refer to your letter dated 20 June 2016.

I have no intention of paying the money demanded by your client and any court proceedings will be vigorously defended.

You should note that this charge is disputed and you must now refer this matter back to your client and cease and desist all contact with me. I will not respond to any further communication on this unless it comes from a court.

I trust I have made myself clear.

Yours faithfully

Hi again,

As I mentioned, you pay for the privilege to park. I would find out who VCS have the contract with (your employer? the landowner?) and demand they force VCS to cancel this charge.

BW Legal are employed to 'worry' you into paying this non existent charge. BW are loathe to actually go to court as it costs them with no guarantee of a win and in your case, I suspect they wouldn't.

You could send that letter as it may show that you are being pro active IF it went to court.

When you can, take pictures of the signs and post them here. Check your contract to see what it says about parking. A piece of paper you put in your car is only confirmation that you have permission. You can prove you pay for parking so there can be no loss whatsoever to the landowner.

Hi.

I am at the same stage with BW and thinking of sending that same brief denial letter. Have you had any contact since?

Thanks

Will do. So far nothing although we have only just reached their start proceedings date.

I would have told BW that their client knows full well there is no monies owed and they should desist from this harassment and attempted fraud.

About two months ago, when BW took on the case, they acquired my mobile number.

They rang a couple of times and left messages and then one text. Nothing since.

I have not heard since my latest letter to them.

BTW

I did push it through the Landlord.

He was un supportive.

I suspect they are incentivised by VCS to support the deal.

He quoted a £15.00 admin fee to make it go away but that he thought they had put too much effort in to accept that....

I am quietly relieved.

On the one hand £15.00 to make it go away sounds appealing.

On the other hand it is £15.00 more than they are entitled to

and I have already had a lot of hassle from them with their mails, debt collection agencies.

that'll go in his pocket

ignore

complain to your service provider about the harassment and put them on a blocked list.

LOL £15 admin, money in his pocket.

if you don't owe anything in the first place he should be paying you to drop it before you claim for harassment