Brittania/BW Claimform - 3xPCNs - sth Esx college Lukers rd Southend ss11nd

[Kazandjay]

Hi there,

 

I’m hoping someone may be Able to point me in the right direction.

 

My son received 3 parking tickets last year from Brittania parking.

He has ignored all correspondence from them.

 

Today he has received a letter from bw legal which states they have been instructed by Britannia parking Ltd to commence legal action.

The total they are claiming us £575.37

I believe the car park is one which takes pics on way in and out.

 

The letter is giving me the options to :

 

agree he owes the debt

 

owes some of the debt but not all of it

 

doesn’t know whether he owes the debt

 

disutes the debt.

 

then it’s for income and expenditure forms with it.

 

I do do not believe he has just deliberately ignored the letters.

My son had a stroke last year (his 20) which has left him on a lot of medication and problems.

I am his appointee now for dwp as he isn’t able to manage.

 

I just wanted to know if anyway could give me some advice or point me in the right direction.

 

Many thanks for your time.

Edited December 15, 2018 by dx100uk
spacing

[renegadeimp]

That sounds like a PaP letter. Wait for more advice. Meanwhile have a read of the forums for more info. its easily sorted.

[dx100uk]

moved to the private parking forum.

 

please complete this:

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(3-Viewing)-nbsp

[dx100uk]

concentrate on the one ticket they have issued the pap letter for only at present.

[Kazandjay]

I am confused as I can’t work out if it’s a parking charge or parking charge notice.

 

It looks like brittania sent it to DRP to deal with. They state on the letter parking charge.

On the letter that’s come today it states pcn.

 

So I think it started with brittania then to DRP and now BW legal

 

Thank you once again.

 

- - - Updated - - -

 

They have also put all 3 tickets on the one letter from bw legal

 

Thanks

[dx100uk]

doesn't matter...both are merely speculative invoices not PENALTY CHARGE NOTICES [which are fines and can only be issued by councils/police etc]

 

Britannia are the PPC

DR+ are a powerless DCA

BW legal are a letterhead for hire solicitor.

[everything came from the same printer anyway..]

 

so post 3 please

[lookinforinfo]

In the end you willingly find that he owed nothing- for a variety of reasons.

I am sorry to hear of his health problems but it is true that many opinions on these parking tickets is to ignore them as most times a few debt collecting letters are sent them the whole matter goes dead. I suppose that with three tickets they think that a Court case might get them some money coming in.

If you fill out the questionnaire on the above post that will help us to avoid any payment.

 

What would also help is if you could post up a copy of their NT K if they are all worded the same way as well as photos of the notices in the car park and where they are placed in the car park.

Please check with the local Council that they do have permission to erect signs and cameras there under Town and Country (advertising) regulations.

[Kazandjay]

Date of the infringement 13/9/17, 19/9/17,28/9/17

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] Not sure this has been received.

 

3 Date received

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?]

 

5 Is there any photographic evidence of the event? Not been sent any

6 Have you appealed? {y/n?] post up your appeal]

 

Have you had a response? [Y/N?] post it up No appeal

 

7 Who is the parking company? Brittania parking

 

8. Where exactly [carpark name and town] Southend college, Southend

For either option, does it say which appeals body they operate under. BPA

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here

Edited December 15, 2018 by dx100uk
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[dx100uk]

which one is the pap letter for ALLL three?

[Kazandjay]

here

docs1.pdf

[dx100uk]

FWIW: the pap letter is for ALL the outstanding speculative invoices

so that will quickly take this above £600 if it gets to court

so you need to counter it properly

as sure as eggs is eggs

this will be escalated straight to HCEO's if you lose the court case. [iF one happens!!]

 

dx

[brassnecked]

If the HCEO DCBL you could have the CH5 cameras with them for Can't Pay, Looks like they are claiming for all 3 at once, so heed DX and get moving on this one PDQ.

[dx100uk]

docs sorted in post 10

[Kazandjay]

This is the only paperwork I can find.

 

Thank you

[ericsbrother]

so where was he supposed to have parked in a manner that is the cause of this action?

 

Knowing exactly where this was allows us to have a look at the site on google and also offer advice on the likelihood of Britannia having a valid contract with the landownr and be able to offer parking contracts to the public. For example, on a residential development it is rare for the parking co to ahve the correct authority and even rarer for them to get their signage right.

 

Now Southend College is still to vague if there are multiple car parks or if he parked in a place that wanst a car park

Edited December 15, 2018 by honeybee13
Paras

[Kazandjay]

Thank you for replying.

The college is called south Essex college as situated in Lukers road Southend ss11nd.

The car park is situated under the college. But access is from Elmer approach Southend.

 

Hope this is specific enough.

 

Thank you once again

[Kazandjay]

I can’t find any maps to show the entrance

[dx100uk]

google earth Elmer approach Southend

[Kazandjay]

Thank you dx100uk.

 

What am I looking for on the images?

 

Thank you

[brassnecked]

Any signs on the entrance from the road for a start that indicate a restriction or some other condition of parking as a start.

[Kazandjay]

Hi there, yes there are signs. And there is a security hut but thatÂ’s not used no more. It looks like it was a barrier car park originally but changed to cameras.

Thank you for replying

[brassnecked]

We need to know what the signs say, what T & C's they appear to offer for parking and there are cameras do they look like ANPR or CCTV.

[Kazandjay]

The signs are not clear enough from google earth.

[ericsbrother]

From what I can read on the sign on the left there isnt a contract offered at entry and the sign is an invitation to treat.

This menas that the terms offered by other signage elsewhere isnt binding as you can take it or leave it but the parking is allowed without acceptance of the further offer.

 

Common explanation of this is a shop has a sign outside saying 50% off most items so you go inside and look at a pair of trousers and ask the price to be told they are not included in the sale. The sign outside is an invitation to treat, it invites you to make further enquiries and then enter negotiations regarding the items of interest. it doesnt force the shopkeeper to sell you those trousers at 50% off nor does it force you to buy them just becuse you went into the shop to see what was on offer. the shopkeeper cant sue you for not buying the trousers or make demands that you pay for his heat and light and this is in effect what the parking co is doing.

 

As it appears to be a P&D the terms are those on the machine and only accepted when you put the money in .

Any sign around the car aprk that is different to the machine conditions are meaningless when it comes to offer and consideration

 

so my approach would be for your son to respond to the PAP letter and state that " there was no contract formed between myself and your client and in any case the signage at the entrance is merely an invitation to treat, not an offer of terms so nothing to accept. Any claim will be vigourously defended as being vex".

 

Now that might not make them drop the matter but it does create a paper trail and buys a bit of time to get some pictures of the signage at the site plus any paymant machinery taken and posted here plus time to look for any paperwork and post that up here as well so we can rubbish that if possible.

They will also know that their costs on pursuing this will rise and it wont be a walkover so hw might just get the result desired, ie they go back under their stone.

 

I have written the short response in a way that doesnt state who was driving, your son may have a lot more leverage on that if they havent got their paperwork right so no "I" or "we" or "they", use the third person impersonal , so "the driver" if you need to say anything about the events later

Edited December 16, 2018 by dx100uk
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[Kazandjay]

Thank you so much for explaining that to me. Do I use the forms bw legal have sent for my reply.

 

Also is it ok to word it how you have?

 

Thank you

Edited January 9, 2019 by dx100uk
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