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SCDH

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  1. Thanks gents, I've obviously made mistakes with the statement of payment confirming me as the driver but it also helps to confirm payment was made, bit of a double edged sword but lesson learnt. Point taken about not discussing points of law and yes, I can't see the difference between getting a quid from the chippy or anywhere else. Also, good to know they can't enforce trespass or reverse trespass. As advised by all of you, I'll let them make the next move.
  2. Thanks DX, While your communications are direct, I do appreciate your knowledge and experience in these matters and genuinely value your input. As far as I see it, the facts are the facts and I'm certainly not going to commit perjury in court by saying anything other than what the statement says. I know you weren't implying that, I'm just saying that the statement tells the truth and I can't deviate from it. However, I do take your point about not playing my cards early. While they might have a technical point over a breach by leaving the carpark to get the money for the machine, I would counter that with the point that it was very dark and the machine had no lighting. Also, the street lights were facing away from all signage resulting in poor lighting to read. As a result, it's hard to be responsible for an accidental breach if you aren't aware of the terms when first entering the carpark. However, I respect your advice if you think otherwise. Can you confirm that I need to receive another Letter of Claim before having to respond? Many thanks.
  3. Because it demonstrates that payment was made and when I mentioned it on the forum earlier the response was positive. If it goes to court they would see that statement anyway.
  4. I've attached it minus names and dates. Not so much a witness statement as he didn't see me put the money in the meter. More a statement of payment really. Statement.pdf
  5. Dear all, I've just had a letter from BW Legal (attached) which is in response to my letter after receiving their LBC. As you will see, they quote Parkingeye V Beavis in the fact that they don't have to consider loss as a relevant factor. While they state a full and correct reg must be entered to avoid becoming liable for a PCN, they obviously don't mention that it's a demines offence but are happy to discuss it in court. I would also value opinions on their view that once I left the carpark to receive payment for the meter the offence was complete. Thanks in advance again for all your help. Snotty Letter Response.pdf
  6. Thanks for taking a look. I just didn't want cause confrontation for the sake of it but I take your point and I appreciate there are no guarantees. Good advice about copied to COPIED TO NATIONAL PARKING ENFORCEMENT LTD and quoting the PCN reference number on the letters. I was going to ask if the letters needed to be registered post but you've answered my question by getting certificates of posting. I'll update the thread on the response or lack of when their cut off date to reply has passed.
  7. Many thanks FTM Dave. Really appreciate your help with this! That's great and have quoted chapter and verse in the revised 'Reply Letter of Claim'. Reply Letter of Claim - BW Legal.pdf
  8. My first draft attached is based on a post half way down the link from FTM Dave. However, I would like to find info referring to mistyped reg numbers and how it's not acceptable to fine motorists for a mistyped entry. Any ideas how to find this info or proposed info so I can quote section and para to back up the info in the letter would be really appreciated. Many thanks. Parking code enforcement framework - GOV.UK WWW.GOV.UK We are consulting on new measures to improve the regulation of the private parking industry. Others have said how the new Reply Letter of Claim - BW Legal.pdf
  9. Thanks Brassnecked, I did set the search box at the top of the page to Google but couldn't make too much sense out of the results? I'm sure I'll get the gist in due course.
  10. Thanks Honeybee, I did post the details from the sticky on the first page but here they are again unless you mean something else? As requested, my answers are as follows: Please answer the following questions for ANPR. 1 Date of the infringement 23rd February 2018 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 28th February 2018 3 Date received Can't remember - approximately within a week. 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Yes it does. 5 Is there any photographic evidence of the event? Yes, a photos of my car entering and leaving and the registration number 6 Have you appealed? [Y/N?] post up your appeal] No Have you had a response? [Y/N?] post it up N/A 7 Who is the parking company? National Parking Enforcement 8. Where exactly [carpark name and town] MJB Winelodge, Bridge Road, Lowestoft, Suffolk NR32 3LR For either option, does it say which appeals body they operate under. Independent Appeals Service www.theias.org Letter of Claim.pdf
  11. For all the contributors on this thread, many thanks for all your help so far. I have just received a Letter of Claim from BW Legal. along with several other documents including... (1) ANNEX 1 INFORMATION SHEET - Which starts: You have received this notice because a business intends to take you to court in relation to a debt. (2) Pre-Action Protocol For Debt Claims - Particulars of debt - Statement of Account - Warning of court proceedings (3) REPLY FORM - YOU HAVE 30 DAYS FROM THE DATE AT THE TOP O FTHIS ENCLOSED LETTER TO FILL IN AND RETURN THIS FORM. IF YOU DON'T, IT COULD END UP IN COURT PROCEEDINGS. SECTION 1: Do you owe the debt? BOX A - I agree I won the debt, BOX B - I owe some debt but not all of it, BOX C - I don't know whether I owe the debt, BOX D - I dispute the debt. SECTION 2: How will you pay? BOX E - I will pay what I owe now, BOX F - I will pay but I need time to pay BOX G - I am getting or intend to get debt advice, BOX H - I have provided documents, BOX I - I need more documents or information. Reverse side - Income & Expenditure Form. Do I complete the REPLY FORM and tick (BOX D - I dispute the debt) with a covering letter and if so, advice on how that letter should be worded would be really appreciated. Thanks in advance.
  12. Thanks gents. No sign is visible to read until you have entered the carpark, certainly not on entry so on the face of it it's not possible to offer a contract or invitation to treat prior to entering. I'll try and get carpark area photos next time so you can see the positioning of the signs. Interesting point about the wording. Yes, I fully intend to ignore them until a Letter Of Claim or LBC is received. I've had an email from BW Legal last week enticing me to call them for a possible reduced fine. Of course, if I were to do that they would then badger me with calls and texts as well as emails and letters so I've got no intention of calling them. They even stated that we will continue to call and text me if I do not respond, so why would I? The email from last week is attached as a PDF, of course minus personal details. Agree, greed is what drives them and of course by trying to wear people down with constant letters and threats, some people will give in and pay just to get them off their backs!
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