Premier Parking windsreen PCN 22August 2012 - now Letter of claim from bwlegal [3rd july]

[wickit]

Hi

As the title, I had received a letter from BWLegal dated 3rd July 2018, regarding a ticket from nearly 6 years ago; 22August 2012.

 

 

Upon recieving the ticket in 2012, in my first instance I sent the following email to 'Premier Parking Solutions'

 

On returning to my car this afternoon I found a fixed penalty notice

on my drivers side window.

This was a terrible shock to me, knowing I had purchased a ticket from

the Pay and display ticket machine.

 

once inside my car I realised the ticket I had purchased was on the center console of the car,

I can assume that upon closing my car that the Non adhesive ticket that I had purchased and placed on the dashboard had been blown off by the gust of the closing of the drivers door.

 

I have taken a photo and attached the image so you can see the purchased ticket.

 

Please take this email as a formal appeal for the issue of the parking charge number …., with the reason why charged was issued ' No Valid ticket on display'

 

After a automated reply all that time ago, I received many letters from so called debt collectors, and after reading advise online; I ignored.

 

I did think after nearly 6 year, they would have dropped the case; not so.

 

I have shot myself in foot in regards to not being driver.

 

I have since contacted BWLegal, regarding the case within the 30 days they requested.

 

I have also sent them a photo of the ticket via email, and asked for all documents of proof;

They have now replied to the email with Photos of the car and the original letter of from Premier parking;

but not any signage.

 

What would my next course of action be?

Would it be to request a CPR 31.14 by post?

 

Is there any way of finding out if they have started court procedures?

 

As I think if I can delay them a couple more weeks I would have taken them over the 6 years (Statute of limitations for civil cases).

 

Thanks in advance

Edited August 13, 2018 by wickit
Title edit

[dx100uk]

the problem is you didn't find a fixed penalty notice.

 

a Private parking company cannot issue penalties...….

 

how did you contact BW was this by letter?

giving your present address?

[steveod]

Can you post a redacted version of the letter from BW Legal. bet its not GDPR compliant and therefore you can stop them in their tracks.

[wickit]

the problem is you didn't find a fixed penalty notice.

 

a Private parking company cannot issue penalties...….

 

how did you contact BW was this by letter?

giving your present address?

 

Hi

Thanks for the quick reply.

My first contact to BW was via email.

 

This was their reply

 

Good Morning



Thank you for your recent email, the contents of which have been noted on file.

Should you wish to discuss this matter via email, please confirm the following:



1.Please complete your full name



2.Please provide first line of your address



3.Please provide your postcode

 

Of which I did

[dx100uk]

ok

id sit on your hands

 

if they don't file a claim by 22nd they are out of luck

 

its unlikely they will as the letter doesnt say will anywhere if you read it properly

[ericsbrother]

Now they are running out of time to start proceedings

I wouldnt suggest sitting on your hands but as you have identified yourself as the driver years ago they can chase you

 

I would be tempted to leave it a week and then state "that there was no breach of contract as you paid the prescribed fee at the time and put it to strict proof as to what condition of parking was breached and who the contract was with.

 

Further to that can you prove your client has the authority to offer contracts to the public by way of the required planning permission under the Town and Country Planning Act 2007 as you are unable to find such a consent and you cannot enter into a criminal compact.

 

That doesnt mean that they Dont have the necessary permission, just that you cant find it and if they really want to take the matter to a court claim they will have to produce evidence of planning permission along with a shed load of other stuff that they will struggle with.

 

If the parking co was premier parking ltd then they are dead and buried and BWL dont have a client. Now there are other companies with similar names so if they use the wrong name do not query this or correct them at any point

Edited August 13, 2018 by dx100uk
Spacing

[wickit]

Thanks for all the advise given.

 

I had asked them to provide signage proof for the car park in question; this was end of last week,

 

They now have replied with the following...

 

 

Thank you for your recent email, the contents of which have been noted on file.



Please note that the matter is currently being queried and your file has been placed on a hold.



Confirmation of this has been sent through the post, you will be contacted in due course.

 

Does this mean now they may have now started court proceedings ?

[dx100uk]

what exactly did you sent and how did they get your email?

[wickit]

what exactly did you sent and how did they get your email?

 

I sent them photo proof of the ticket; this was included on the first email I sent them.

 

I made first contact with them via email when I first got the letter.

[dx100uk]

ok take 2

 

I had asked them to provide signage proof for the car park in question; this was end of last week,

 

what did you put/ask in you email...

[ericsbrother]

no one suggested that, they now think that you are interested in paying them if they tell you something credible but not necessarily true.

 

 

No it doesnt mean they have started proceedings and by the time they get your next written letter (STOP EMAILING THEM) they will be statute barred from taking civil action anyway.

Thanks for all the advise given.

 

I had asked them to provide signage proof for the car park in question; this was end of last week,

 

They now have replied with the following...

 

 

Thank you for your recent email, the contents of which have been noted on file.



Please note that the matter is currently being queried and your file has been placed on a hold.



Confirmation of this has been sent through the post, you will be contacted in due course.

 

Does this mean now they may have now started court proceedings ?

[wickit]

ok take 2

 

I had asked them to provide signage proof for the car park in question; this was end of last week,

 

what did you put/ask in you email...

 

Many thanks for providing the photos and letter.

As stated if the letter of appeal.

'Parking at this site is only for vehicles that are parked in accordance with the site instructions, as detailed

on signage on site. This signage is clear, in excess of industry standards and clearly details any charges

that may be imposed should these restrictions be breached.'



Please could you ask your client to provide evidence of signage on the date in question.



Many Regards

 

 

Will no longer have email correspondence with them, will use recorded post from now.

Edited August 20, 2018 by wickit

[dx100uk]

don't waste money on them!

use 2nd class with free proof of posting from PO counter

[ericsbrother]

agree with the above.

POP from the PO counter is good enough as the law says the letter is delivered after 2/3 days whether they admit or deny it.

 

anyways, you are keeping quiet at the moment and letting the clock run down.

 

Block their email address whist you are at it so they have to use the post as well.

Make sure you bounce back the emails rather than just going into spam so they know you have done this

[steveod]

Does the initial letter from Bw have all the information on it as required by the GDPR article 14? If it doesn’t have the correct information pointing out your data rights then they have unlawfully processed your data which is a breach of statutory duty. You need to check the letter.