PPS/Gladstones/BW Windscreen PCN PAPLOC Now Claimform, - Not Parked In Allocated Bay - Premier Inn, Southernhay Exeter

[BazzaS]

No harm in sending it (just describe yourself as "the keeper" or "the hirer" and refer to "the driver" without identifying them).

 

If Premiere Inn get the ticket cancelled : great. If not : no harm done.

[keljon]

i got some pics of the signage (attached as a PDF)

it seems they have now painted yellow lines where i was parked

docs1.pdf

[afcwben]

doesn't the bottom of the sign say the driver will be issued with a parking charge notice, if they cant identify the driver isn't that game over?

[Bazooka Boo]

it seems they have now painted yellow lines where i was parked

 

Yep that won't work either, they can't retrospectively paint lines to enforce their silly invoice.

[dx100uk]

tarmac graffiti means nowt on private land

[ericsbrother]

did you take piccies of the before and after?

I note that they have BPA logo so see if they are still members. If they arent this sign isnt POFA compliant and will be viewed as not being a contract that is enforceable anyway

[keljon]

yes i have pics of the space before the lines were added.

they are not listed here

http://www.britishparking.co.uk/BPA-Approved-Operators

[ericsbrother]

that menas they are IPC only and their signage is therefore unlawful under POFA. should they wish to take things further this can be used against them.

If the parking co's read the threads here they would learn a lot about their shortfalls, drop the stupid claims and address the problems of their own creation but that loses them possible income so they plough on with their follies.

[keljon]

i want to avoid going to court if i can (although i will gladly go to court if needed to avoid paying these criminals) based on this information, am i able to nip this in the bud by contacting them directly?

[ericsbrother]

it will never work so dont even contemplate it.

 

you should read up more on the parking cowboys,

they will never admit they are wrong because they are almost never right and how do you think they stay in business?

 

Let them chase you and if they get the IPC's ( proprietors, Will and John)

famous lawyers, Gladstones, (proprietors Will and John)

to write to you then you respond in a forthright manner

but anything else is a waste of time from now on.

[keljon]

i see that BW legal have credit checked me a few days ago so i am fully expecting to hear from them shortly. 

 

i still have all of the relevant pictures and documents in this thread, will update as soon as i hear anything.

 

edit.......

my partner has just sent me a pic of a letter from BW legal, not opened it yet because its actually addressed to Ms not Mr, should i return to sender unopened?

[keljon]

ok so there are 2 letters in one envelope

PPS saying account passed to legal team

and the one attached

any guidance on next steps gratefully received

 

bw letter.pdf

[ericsbrother]

I would respond to BWL and tell them

 

Dear Sirs,

as the world's second best parking company lawyers you must know that for someone to owe your client money there must be a breach of the unilateral contract's advertised terms and there was not.

 

Your client painting yellow lines all over the place after the event and pretending they were there at the time of the event doesnt create a contract, it is merely misrepresentation.

 

I'm sure that you  advise your client they are wasting their money even if it means no payday for you as you lose them the court claim should they continue with this folly.

 

By the way I have self identified as a man so stop calling me Ms or I shall seek opinion on whether your distressing salutation is gender dicrimination that is actionable

[keljon]

thank you for your advice and presumably i can put this in a normal letter format identifying myself with the relevant reference number?

do i need to prefix with "without prejudice"

 

[dx100uk]

no 

[ericsbrother]

you use their ref number but you dont identify yourself as the driver, navigator, agent or anything like that.

they have written to you as KEEPER so just use the text suggested and dont add anything or take anything away.

 

Your job is not to be nice or pass your english GCSE but to tell them where to get off

[keljon]

ok thank you, i will use your text word for word in a standard letter format with just my name address and their reference number, nothing more

[keljon]

response from BW legal 

bw_legal_dec_2019.pdf

 

as far as i can tell they aren't shown as members of the IPC or BPA (i checked the BPA membership around the time of the first letters arriving)

 

Frankly I think the use of the wrong title is irrelevant. Maybe someone else will come along and say different

[ericsbrother]

This is why they are the parking world's second best (or worst) solicitors, they conveniently forget to tell you that no liabilty whatsoever is created unless the company puts their proper business address on the signage and NTK.

 

A PO Box No is an immediate fail as is attempting to use a false instrument to make a pecuniary advantage as these muppets appear to be doing by using the wrong image of the terms offered. they also mention VAT in their charge when it isnt applicable if the charge is actually valid and not a penalty.

 

Also there is no trade body called the Independent Parking Committee and Will and John at the IPC will huff and puff at anyone who claims membeship of such an organisation.

 

That also menas that PPS cant legally access your keeper details.

The name changed in 2016 so PPS should have changed their signs. 

 

It is my opinion that you havent been offered a contract and no liabilty has been cheated by anyone, let alone the keeper.

Problem is that some judges ignore the small print and say " well, there was a sign so it must be right" when it isnt so.

 

Same goes with Planning consent but get enough small things and it creates it own momentum and tips the scales in your favour.

Something for the future, no point telling them this yet, let them waste their clients money writing to you again.

 

Now use of salutatio

n- if you have identified as female when born male you can make a lot of mileage out of this otherwise it is just another example of their slapdash work and stupidity

[keljon]

thank you, i will do nothing at this point.

with regards to the wrong title, i didnt actually type that line in my post (think admin joined 2 posts together and somehow included that quote)

they just assumed i was a Ms because of my name, i havent changed gender

[ericsbrother]

shame, they might owe you £100k if you had.

[keljon]

I have received a final notice from BW Legal today, they are also back to addressing me as Ms

final_parking_notice.pdf

Edited December 21, 2019 by keljon
additional info added

[dx100uk]

how many more 'we are going to jump' letters are they going to send out before they actually do jump off?

you've not even got to the letter of claim stage yet....

 

dx

 

 

 

[keljon]

Letter of claim received today, any advice on constructing a reply welcomed

[dx100uk]

one of the snotty/insulting letter sent to gladstones will do

plenty here already.

 

post it up 1st mind