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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70535
Experience:  Over 5 years in practice.
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Traffic Law

I have received a letter of claim from BW legal for a

Hello, I have received a... Show More
Hello, I have received a letter of claim from BW legal for a parking ticket issued nearly 6 years ago by Parking Eye. I have avoided all correspondence with them but have been given a standard template off a parking forum to respond to them. I know the statute of limitations is 6 yrs and that will be reached at the end of next month. I do not want to pay the fine as I think it was unjust and the punishment far out weighs the crime. I was in a retail park buying presents but did not realise I had to pay for parking as I was not from the area. I want to know what I can do for the next 6 weeks to avoid court action or if BW legal stand a chance as I think they are bullying people to pay unjust tickets. Can you help?
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Customer: I was popped into toys are us for presents for my god kids. I did not notice the parking signs. I was in there for less than 30mins and received a ticket. Initially was going to pay but after a week the fine rose to £100 and then I thought no way. This happened in October 2010. Parking Eye came after me with threats of bailiffs and taking me to court but I ignored them. In July after not hearing anything for a 2 or 3 years, I received a number of letters. It has non got to the letter of claim stage. They are after £100 in fines, £54 in admin costs (which I gather would need to justify) and potential court costs. I am constantly being harassed by phone calls which I have ignored. I have got advice from legal forums but I wanted another opinion
Submitted: 1 year ago.
Category: Traffic Law
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replied 1 year ago.

Are you asking if you are liable?

Customer reply replied 1 year ago.
I am presuming I am liable unless you think otherwise?
Jo C., Barrister replied 1 year ago.

Well, yes. Private land fines are enforceable. In fact, they always were. They were just very hard to enforce which is a different point entirely.

They are still not particularly cost effective for them to enforce so there is a good chance of escaping.

Jo C., Barrister replied 1 year ago.

The issue is just whether you want to run the risk of being sued.

It is likely that you would escape liability if you did refuse to pay but you do need to be aware of the risk.

Can I clarify anything for you?

Jo

Customer reply replied 1 year ago.
My understanding is that BW legal are targeting pretty much everyone. If they have 6yrs to bring up the case, after October 30, can they still pursue me as it will be past 6 years? Should I attach the letter of claim so you can see?
Jo C., Barrister replied 1 year ago.

It depends whether or not you have acknowledged it within 6 years.

Then time starts to run again.

Customer reply replied 1 year ago.
I'm confused. Please clarify. Are you saying if I continue to ignore them they can still pursue after 6 years? Or if I respond to the letter of claim then they can't pursue me after the 6 yrs if a claim is not bought?
Jo C., Barrister replied 1 year ago.

No, it runs from the date of last acknowledge.

the last acknowledge is very unlikely to be the date of issue.

Customer reply replied 1 year ago.
Sorry Jo, I'm still confused. I still do not know where I am regarding the 6 years. You said its unlikely to start from date of issue which i understand but i don't understand the date from last acknowledgement. Its been almost 6 years where I have received letters and threats from Parking Eye, bailiffs and now BN Legal from the July. Are you saying when i respond to the letter of claim, which will be the first time i have replied to anything, that the 6 year clock begins?
Jo C., Barrister replied 1 year ago.

It does depend how you respond but basically you are right.

Any acknowledgement is adequate to start time running again.

Customer reply replied 1 year ago.
basically if i send them a response, the 6 yr clock starts again and they can continue to pursue me or I can take my chances and ignore the letter of claim and risk it going further and potentially risk being taken to court?
Jo C., Barrister replied 1 year ago.

Well, it depends how you respond but the danger is very great that would be right.

It is better to ignore these things anyway unless it is actually a court summons. However you respond they are not going to agree with you.

Customer reply replied 1 year ago.
OK. Attached is the proposed letter that I will edit to suit me that I was going to send to BW legal. Would you say its worth sending it based on the content or hold firm and continue to ignore there calls and letters.If I get issued a court summons, what steps should I take? This will be my last question.
Customer reply replied 1 year ago.
Attached
Jo C., Barrister replied 1 year ago.

Yes, that is potentially an acknowledgement.

There is no point in sending that. They will not be deterred by it anyway.

Customer reply replied 1 year ago.
Thanks. What steps should i take if i'm issued a summons? I presume my choices would be to fight it or settle it before it gets to court?
Jo C., Barrister replied 1 year ago.

Yes, if they do summons you can admit the claim, part admit the claim or defend it.

Customer reply replied 1 year ago.
Thanks for your help