BW Legal Letter of Claim Liverpool John Lennon Airport

[Boatwalk13]

Good evening,

 

I couldn't see that there was an existing thread for this topic - forgive me if there is as this my first ever forum foray

 

I have received a Letter of Claim from BW Legal regarding a PCN from 7th July 2017.

 

This Letter of Claim is dated 1st March 2018 and I have not responded within the 30 days specified.

 

I have ignored all previous correspondence as per any advice I have read however now this looks more serious, I would really welcome advice on what I should do.

 

My issue with the PCN in the first place is that I paid for long stay car parking at Liverpool John Lennon Airport yet when I arrived, there were no parking spaces and after driving around the car park several times,

 

I ended up parking on a kerb (like a lot of other people) and have been fined for doing so.

 

I was left with little choice seeing as I was at the airport to catch a flight and I had paid for a space that could not be provided.

 

BW Legal are seeking a payment of £160 (£100 for the original fine and £60 for initial legal costs)

 

Any advice on how I should proceed would be much appreciated

 

Thanks!

[honeybee13]

Hello and welcome to CAG.

 

You did the right thing starting a new thread, I've moved it to the private parking forum and people should be along later to help.

 

Best, HB

[BankFodder]

Do I understand that you paid in advance for the parking? Can you tell us how it works please

[dx100uk]

Could you please fill this out so we have all the relevant info to help you

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(1-Viewing)-nbsp

One question first

Have you moved since this happened?

 

And one be last thing..it is not a fine!

It's a speculative invoice

[Boatwalk13]

Thank you very much

 

Hi, yes I paid in advance for the long stay car park.

 

I booked and paid for the space on-line a few days before my flight.

 

I was fined for how I parked rather than using the car park but my point is I had no choice so the car park must have been oversubscribed!

 

I will fill the form out tomorrow when I am at my laptop rather than on a phone.

 

No I have not moved since the happened.

[BankFodder]

Hi, yes I paid in advance for the long stay car park. I booked and paid for the space on-line a few days before my flight. I was fined for how I parked rather than using the car park but my point is I had no choice so the car park must have been oversubscribed!

 

you have to explain a bit more detail. Does this mean that you identified a date and maybe a time that you were going to use the car park?

[dx100uk]

he parked outside the long/short stay pay in advance carpark which I doubt is nothing to do with BW or the PPC..

 

BW13..it is NOT A FINE, nowhere do they use that word and a private parking co. cannot fine you.

only police/courts/council can for parking

 

this is a speculative invoice because you broken some kind of imaginary contract you signed upto when you entered the airport complex which is privaye land.

 

I suggest you use tomight to read up!!

 

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=lennon+JLA+PCM+&sa=Search+CAG#gsc.tab=0&gsc.q=JLA%20PCN

[BankFodder]

Sorry, I gathered that he had driven round the car park and then felt obliged to park on a kerb – inside the car park.

 

Maybe the OP can clarify this point. It is extremely important

[Boatwalk13]

Sorry, yes I parked inside the car park - just not in a designated space because there wasn't one! And not parked in an obstructive way just to be clear

[dx100uk]

who did you pay in advance?

[BankFodder]

Thank you. He didn't say if you had booked for a specific date and time. I imagine that you must at least a book for a specific date – but maybe you can clarify this.

 

Anyway, I agree with you that they are overbooking. I think you should use the word "overbooking" rather than "over subscribing" unless the system is that you pay for some advanced parking and then you go along when you feel like it. Please clarify.

 

If you have actually booked a particular date to go into the car park then I think that they are overbooking and unless there is something that I haven't understood it seems to me that they are contractually bound to make a place available. In the event that they weren't able to then I think you are entitled to take reasonable steps to park your car safely and out of the way of any other traffic so that you could then take your flight.

 

You will have to tell me if there is something that I have misunderstood about the ticket buying/parking arrangement – but if I'm right then I think that you have a very solid defence and you can either write to them and tell them what you are going to say or you can wait for the claim form to arrive and then we will help you draft the defence.

 

Please clarify about the parking arrangements. I think that I've asked you two or three times and I still don't really know the answers.

[fkofilee]

Right - Let's look at this from the BW Perspective.

They are claiming - £160... This is in the hopes you pay up - This wont happen and you have already come to CAG to try and resolve this

Good on you...

 

If this proceeds and it does go to a judge and you defend - BW Legal are already on to a loser... And it will cost them more money Potentially between £75 to £200 if they use someone like ELMS Legal or send one of their reps.

Did you go through the appeals process with the parking claim? Or did you ignore it until you got the LOC?

 

Please do follow the advice of BF - Tell us more about the arrangements.

[BankFodder]

Well the OP – "Original Poster" seems to have gone away and is not answering the questions for the moment.

 

However, I think this shows once again the danger of ignoring these kinds of things. It is highly possible that a claim will be issued in this case and the claimant will be encouraged by the fact that they have corresponded at there has been no reply and they will hope to be able to obtain a default judgement against the defendant.

An one should always respond to these things – at least once and make it clear to the claimant that if they do proceed then the judgement won't be an automatic victory.

 

Also, I would say that the £60 here which apparently is being claimed as some kind of legal costs is not capable under the small claim system – but of course as the OP has ignored correspondence and the letter of claim, the claimant will probably expect to issue the claim to include these costs and for it all to go under the wire as a default judgement.

[ericsbrother]

I would recommend responding to this letter but before you do we need to know the arrangement for booking and paying for the parking space. If this is with VCS then they really dont ahve anything to say as you can easily counterclaim for their failure to perform to their contract but we do need to know the exact details

[dx100uk]

Reading the JLA parking website

You pay them direct and vcs manage that cars are parked correctly within the rules of the site

 

Interestingly enough..There is no mention at all about the bylaws that we know apply

[DragonFly1967]

Interestingly enough..There is no mention at all about the bylaws that we know apply

 

LJLA will tell you that they have "chosen" not to use them

 

I'd love to know when the government (of any colour) decided to allow private companies to simply ignore laws that didn't suit them *rhetorical question