TPS/BW ANPR PCN - Company Car - Brighton Road Retail Park, Redhill, RH1 6QL ***Statute Barred***

[ericsbrother]

well,

they cant legally add debt recovery charges but anyone who pays up would be unlikely to be aware of this.

 

 

likewise the threat of further costs for passing it to the next desk in their portakabin.

 

They all seem to miss the point about claiming keeper liability,

the laibility is only for the amount claimed,

 

 

any other amount added is not lawful

because no contract exists between the keeper and the company

 

 

so the distance contracts regs apply and the kpeepr hasnt been offered a contract,

just a strict liability for a charge for a breach of contract, which is an entirely different thing.

 

 

I have no doubt that someone at the parking co knows the difference but they need to chisel the debtor otherwise they will have to pay for all these begging letters themselves.

 

 

No doubt some judge will make a Beavis type decision and decide that a breach of contract or even trespass is actually a contract after all.

 

Ignore this letter as before

[dx100uk]

open

[darrenham]

Hi,

since the above, I've started getting hounded with letters from bwlegal regarding this "Contravention".

All the usual threats of court, fees etc., have come my way.

Now, against advice, and due to the awful employer I previously worked for, you'll see I had to reach out to TPS previously and advise them that I was provided sole driver of the vehicle during the period they questioned.  I didn't mention anything else.

I'm happy to continue ignoring these letters, but aware that that's often not the best advice, and I've already gone against that once

Any guidance would be greatly received.

[lookinforinfo]

DCBL have a debt collecting arm that you can totally ignore despite trying to mislead by bigging themselves up as bailiffs. However their legal side do send out pre court action lettere and Letters of Claim that are not to be ignored since they are leading up to go to court. Do any of them give you 30 days notice of court proceedings or a Letter of Claim?  If so please post it up.

[dx100uk]

Simple wait if/when BW send a letter of claim

[darrenham]

Sorry for the delayed replies I'm not getting notifications via email.

It is a letter of claim, and I've missed the 30 days. just sorting posting it now.

 

2021-05-04 BW PAPLOC.pdf

[FTMDave]

You've missed the 30 days by quite a lot too.

 

You need to get a snotty letter off tomorrow by 1st class post, otherwise you may very well end up with a claim from from the court.

[darrenham]

Anything in particular I need to include here?  Knowing what I do about this place I'm guessing there's a template?

 

The letter wasn't signed for at all, so surely they have no proof that I ever received it?

[dx100uk]

dave will put something up or use our enhanced google search box

snotty letter 

 

and you really shouldn't be vanishing for 4 weeks in the meantime and between stages you as it progresses IF it does to court...reading a few 100 PCN threads will help

 

dx

 

[darrenham]

Thank you.

 

I made a point to switch on notifications last I was here but seems I confused "notification" with "email" anyway, by the by. I'll have a dig and get something drafted.

 

There's a form to tick to say "I dispute the debt".  I guess that's worth completing to show some willing?

[FTMDave]

Quickly, and it's anything but perfect given the rush, but how about -

 

 

Dear Rachael and Sean,

 

cheers for your Letter of Claim.  I creased up at the thought that you reckon a motorist would actually take such bilge seriously and would really actually cough up.

 

As usual you've done no due diligence otherwise you would have known that a claim for parking at the Brighton Road Retail Park would just lead to a good kicking in court for your clients.

 

Your greedy money-grabbing clients have of course stuck in £54 Unicorn Food Tax.  Dear dear.  Bad own goal.  I very much doubt a judge would be very impressed.

 

Your clients can either drop this nonsense now or get a hammering in court where I will go for a unreasonable costs order under CPR 27.14(2)(g) and then spend it all on a foreign holiday after borders reopen while laughing at your clients' expense.

 

I look forward to your deafening silence.

 

COPIED TO TOTAL PARKING SOLUTIONS

 

 

If none of the other regulars have comments, post the letter tomorrow to both BW Legal and TPS, send 1st class, and get two free Certificates of Posting.

 

I've had to leave it generic because, I presume, you haven't really looked into the  Brighton Road Retail Park car park situation, and as dx says you need to move.  Don't just rely on the snotty letter.  Have TPS got planning permission for their signs?  Did the original planning permission for the retail park really state only two hours?  What about photos of the signage? - I know the place is a long way from you but scour the web and Google Earth and see if you have any luck.

[darrenham]

Other problem I have is how long ago it was. January 2017 they're going back to.

 

But I'll see what I can do.

 

I've made it my own below.

 

So don't fill out the dispute form?  Just send the below?

 

 

BW Legal

Enterprise House

Apex View

Leeds

West Yorkshire

LS11 9BH

 

 

Dear Rachael and Sean,

 

Thanks for your Letter of Claim.  I am not sure if you intended it to be taken seriously or not, but I found it amusing.  So thank you.

 

From what I hear, it is fairly usual for you to have done no due diligence prior to writing these letters, and this seems to back that up.  You should know as well I do that this will lead to nothing but an embarrassing and day in court for you and your clients.

 

I note the inclusion of £54 to feed your unicorn.  Hummels-like own goal there.  I very much doubt a judge would be impressed by that.

 

Your clients can either go to VAR and drop this nonsense now or carry on and be beaten in court, where I will go for a unreasonable costs order under CPR 27.14(2)(g) which I’ll spend on a very expensive foreign holiday.  I will even send TPS a postcard!

 

I look forward to your deafening silence,

 

My Name

 

 

COPIED TO TOTAL PARKING SOLUTIONS

 

I've found Planning Permision for Halfords to have a "Non-illuminated pictorial panel sign and opening hours panel" added but that's not it.

[dx100uk]

don't worry about PP at this stage 

get the SL off 

[FTMDave]

2 hours ago, darrenham said:

There's a form to tick to say "I dispute the debt".  I guess that's worth completing to show some willing?

 

2 hours ago, darrenham said:

So don't fill out the dispute form?.

Absolutely not.  The whole point of a snotty letter is to show you have sussed their money-making schemes and would be big trouble in court if they went ahead.  You should ridicule their procedures.

[darrenham]

Excellent.  Thank you.  Snottiest of letters printed and enveloped.  Will be going out tomorrow morning.

 

In the meantime I've found more documents on the planning page, but I still can't find anything regarding the signage for the parking company. 

 

Looking on Google Street View's History there was a Parking type sign there prior to the Mercedes Garage going away (which seems to be the key planning item on the site), but it's impossible to work out who it was back then to narrow down when to look for planning info for.

[darrenham]

Reply letter received.

I'm no expert, but this feels very much like a backing down.  Albeit with a further bit of luck trying.

 

2021-07-01BW PAPLOC Reply Reply.pdf

[FTMDave]

They said they were going to take you to court unless you paid.

 

You told them to do their worst.

 

They still want the money - but, er, haven't taken you to court.

 

So ignore them, yours is not the next move.

[fkofilee]

FYI I live a short distance from this site - If you need photos - I can see what I can get?

[darrenham]

I've just had a "Letter of Claim" via email:

Dear XXX,

Letter of Claim

Our Client: Total Parking Solutions Limited

Our Reference: XXX

PCN Reference: XXX

Vehicle Registration:

Contravention Description: The Vehicle Exceeded The Maximum Stay Time

Contravention Location: Brighton Road Retail Park Redhill

Date of Contravention: 18 January 2017

Balance Due: £124.00

We have been instructed by Total Parking Solutions Limited to commence legal action against you in respect of the above unpaid parking charge, by issuing a Claim against you in the County Court without further notice, if no payment or response is received before 20 October 2021. If you dispute this debt, please tell us why so that we can help resolve this matter. Estimated Claim Such legal action may result in you being liable for Court fees, solicitors’ costs and statutory interest which are estimated below.   Principal Debt + Debt Recovery Costs £124.00 Estimated Interest £46.34 Estimate Court Fees £35.00 Estimated Solicitors' Costs £50.00 Estimated Total £255.34 What we have sent you What you will receive in the post are the following: Information Sheet: a sheet explaining what to do next, including how to avoid Court actions. Reply Form: a form to complete and return containing four sections. Income and Expenditure Form: a form to complete and return to outline your finacial circumstances. What you need to do now Payment of £124.00 or your reasons for non-payment are required by 20 October 2021 to avoid the above legal action. If you are unable to pay the balance in full, our client is willing to enter into a payment arrangement which is affordable for you taking into account your financial circumstances. We wish to remind you that in a final effort to avoid the need for litigation, our client is willing to offer you the option of paying the balance via an affordable repayment plan. We have pre-approved a monthly instalment amount of £15.00 which has been recommended considering your estimated disposable income. If you wish to take advantage of this offer, or if you cannot afford this amount, please contact us using the details in the "How to get in touch" section below. Please note that this offer expires on 20 October 2021, after which time your case will be considered for litigation for the full current balance. How to get in touch Online Manage your account at www.bwlegal.co.uk. You can upload your completed reply form and provide your income and expenditure details online. You can also make a payment, set up an affordable payment arrangement and speak to us by webchat. Speak to us or email us Call us today on 0113 487 0430 or email us at [email protected] to discuss this matter with one of our helpful team. By post Complete and return the Reply Form to us at the address at the foot of the letter you will shortly receive from us by 20 October 2021. Pre-action Protocol for Debt Claims This email is being sent to you in accordance with the Civil Procedure Rules Pre-Action Protocol for Debt Claims, a link to which is contained on the foot of the information sheet will you will receive shortly in the post. In particular, we refer you to paragraph 7, which sets out the expectations of the Court in terms of complying with the Protocol. Particulars of debt On 18 January 2017, you were granted a limited contractual licence to enter the land known as Brighton Road Retail Park Redhill ("Site"), which is managed and operated by our client. In return, you were to abide by certain terms and conditions ("Terms and Conditions") which were prominently displayed on the signage erected in situ by our client. On 18 January 2017, you breached the Terms and Conditions - reason: The Vehicle Exceeded The Maximum Stay Time ("Breach"). The Breach resulted in our client issuing a Parking Charge Notice (`PCN`) on 06/02/2017 which, despite our client's attempts to engage with you and agree a suitable payment arrangement, remains unpaid. Statement of account The following summary statement shows the transactions applied to your account since the PCN was issued by our client:   Statement for the period: 18 January 2017 to 20 September 2021   Principal Debt £70.00 Total Payments £0.00 Total Adjustments £0.00 Total Interests £0.00 Total Debt Recovery Costs £54.00 Current Balance £124.00 Our client’s entitlement to the total debt recovery costs referred to in the table above is expressed in the Terms and Conditions, which you accepted upon entering the Site. Such costs are recoverable in any event under the relevant Parking Code(s) of Practice. Warning of court proceedings If payment or a response is not received from you by 20 October 2021 we are instructed to issue a County Court claim without further reference to you, together with applying the interest, fees and costs highlighted above. If payment or a response is not received following a County Court claim, a County Court Judgment ("CCJ") may be entered against you. If a CCJ were to be entered, it would be recorded on your credit file for 6 years unless you pay the Judgment debt in full within a month of the CCJ being entered. A CCJ on your credit file may affect your ability to obtain future credit. If a CCJ were to be entered and you were to fail to comply with the CCJ order, we may apply to the County Court to take further enforcement action which you would be notified of separately. We look forward to hearing from you Our helpful team would like to work with you to reach a solution without the need for Court proceedings to be issued and it is therefore important that you get in touch before 20 October 2021.

Yours sincerely,

BW Legal

bw legal

N.B. To opt out of email communication from BW Legal please reply to this email quoting reference "XXX"

BW Legal Registered Office: Enterprise House, Apex View, Leeds, West Yorkshire, LS11 9BH T: 0113 487 0430 F: 0333 370 0107 DX 716921 Leeds 39

BW Legal is a trading style of BW Legal Services Limited which is a company registered in England and Wales under Company Registration No: 07966978

Authorised and Regulated by the Solicitors Regulatory Authority under No: 569773

Authorised and Regulated by the Financial Conduct Authority in respect of consumer debt collection under Reg No: 619068

VAT Registration No: 971 8540 92

Edited September 21, 2021 by darrenham

[FTMDave]

Another one!

[darrenham]

Indeed.  Should I send them exactly what I sent in my snotty letter?

 

Or should I ignore/send a "This mailbox is not monitored" reply?  Not sure if a Letter Of Claim counts when it isn't a letter?

[dx100uk]

they should not be using email/

 

just rpt the snotty letter by snail mail

 

dx

[darrenham]

I'm guessing it'll be followed today or tomorrow by a letter in the post.

 

Interestingly, they didn't even have my car reg in the email.

[darrenham]

As expected, have just received a very similar, but not identical, Letter of Claim via our Royal Mail correspondant.

 

Will reply with the identical snotty letter next week if you all agree that's best?

[dx100uk]