TPS Windscreen PCN 2015 - now BWL threatening court action

[eoghan]

Hi Folks,

 

Way back in 2015 I parked in Bristol Hospital to visit my cousin who was giving birth.

I parked and paid for a ticket in the carpark.

 

Unbeknownst to me, the carpark I had parked in was not part of the infirmary and therefore the ticket I purchased was for a different car park...

low and behold, I came out after the visit to find I had received a PCN.

 

I as per the forums at the time, ignored the thing and went about my business.

I eventually received a letter from a parking company (can't recall the name) and replied telling them to stick it.

 

Eventually got a letter from Premier Solicitors threatening court action.

I sent them the following letter and never heard anything back,

 

Today I have now received a letter from "bwlegal" claiming to represent Total Parking Solutions.

Shall I send them the same letter I sent Premier???

 

Cheers.

 

Their letter:

 

                                                         

 

 

My Letter:

 

 

 

[dx100uk]

please complete this:

 

 

[ericsbrother]

they are relying on the likihood that you have none of the relevant paperwork so cnat prove or disporve anything.

 

is the place near to where you are because it would be helpful to see the signage and parking meters at the place as a strong defence against such a claim would include misleading or confusing signage and a site that has more than 1 car park operator or multiple zones with different payment machines wouild easliy fall into that bracket

 

the demand that you pay their so called legal costs is utter cobblers and is just money for their unicorn food.

This letter is just a threatogram and they hope that you pay up becasue it comes from a company of solicitors.

 

whether to respond to this or not would best be answered once we have seen the car park layout and sigange, esp the blurb on the ticket machines.

[eoghan]

@dx100uk the PCN was issued in 2015 I don't have any of that info, other than what is on the letter attached above.

 

For a windscreen ticket (Notice To Driver) please answer the following questions....

 

1 The date of infringement?

 

3rd March 2015

 

2 Have you yet appealed to the parking company yet? [Y/N?]

 

Yes but no evidence of the letter on file

 

if you have then please post up whatever you sent and how you sent it and the date you sent it,

suitably redacted. [as a PDF- follow the upload guide

 

has there been a response?

please post it up as well, suitably redacted. [as a PDF- follow the upload guide]

 

Probably was but no idea where it is now.

 

If you haven't appealed yet - ,.........

 

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days]

what date is on it

Did the NTK provide photographic evidence?

 

I do recall them sending me a photo of the ticket attached to my windscreen but that's it I don't have any copies of this

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?]

 

No idea.

 

4 If you appealed after receiving the NTK,

did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances]

 

No idea.

 

5 Who is the parking company?

I'm assuming it's TPS as per the attached letter.

 

6. where exactly [Carpark name and town] did you park?

Bristol Royal Infirmary - carpark opposite the hospital - from memory

 

@ericsbrother I'm not anywhere near Bristol, was visiting specifically to see my cousin at the time.

[ericsbrother]

Ok we will try and see what we can see from googlenoseyneighbour

[eoghan]

 just did a google search and it was the maternity hospital on Southwell Road, I've attached a screengrab, but this thing happened back in March 2015...

 

I just spoke to my partner who was with me at the time

she recalls we parked on the main road on St Michaels Hill and paid for the parking there.

 

When we walked up to the hospital I saw the carpark outside and moved my car into that carpark, assuming that it fell under the same jurisdiction, stupid, yes, but that's what happened.

[ericsbrother]

well, signage in car park not visible from the public highway so how are you supposed to know that the terms are different?

 

Ok another thing is ask the council ( have a look on their planning portal first) whetehr TPS has planning consent for their signs and equipment under the Town and Country Planning act 2007. check to see if they ahve PP for both the signs and meters as they would be under different rules

[eoghan]

couldn't see anything for southwell street that relates to TPS on the planning portal. Have asked them to call me back. Thanks for the info by the way.

[eoghan]

So just spoke to Bristol City Planning and they have no record of any planning for Signs & or meters for a car park area on that street. 

 

It appears to be privately owned and most likely have sub-let the land to TPS, who are probably operating without the proper planning...

 

I'm trying to reach out to Gloucester Land registry to see if they can tell me who owns the land.

 

The plot thickens.

[eoghan]

Gloucester County Council confirm that the land is owned by the Hospital Trust and leases the carpark to a private company - but were unable to tell me who as they directed me to purchase the title for £35 from their website. I ain't got that so that's as far as I can go with that. but I'm assuming it's most likely going to be TPS as they are operating on it.

 

So if they are operating a business without the proper planning in place for their signage and meters, what is my defence?

 

Cheers.

[brassnecked]

Can't be a Contract if no PP as no PP is criminal, and you cannot contract with criminal, sure look up some of ericsbrothers posts on lack of PP in threads

[Mrs O'Frog]

If you search for "criminal compact" you should find a few threads covering it. 

 

Is this a LBA from BWL as I can't see the heading?

 

If it ever gets to court then you would need to have more bullets in your gun than just the PP fail because judges can be unreliable. I think of them as football referees - hopefully they know the rules, hopefully they act impartially, hopefully they don't make too many howlers.

[eoghan]

Reply from BWL:

 

 

bwl-23-05-2019-reduced.pdf

[eoghan]

My response to be sent to BWL - any thoughts please. Thanks.

 

@ericsbrother what do you think? Appreciate the assistance.

BWL-Defence-vs1.pdf

[Mrs O'Frog]

Well it's not a LBA, just a "we may advise" and/or "they may consider" letter. Personally I wouldn't bother to respond at this stage, I'd wait until the LBA then give them a very short, very rude response, pointing out how useless they are when they are supporting their client in their criminal business activities. Certainly don't stress and feel you have to put any sort of legal arguments together for BWL (Britain's Worst Losers).

 

Hopefully EB will be along shortly and advise too.

[dx100uk]

you do NOT enter into any silly letter tennis at this stage.

and most certainly not with that 3 part harmony you've found elsewhere.FAR to must mentioned even if the letter they sent was a PAP LBA.

 

stick with CAG's advice and read our topics only.

you've already shot yourself in the foot with that 1st letter

don't put a bullet in the other one.

 

dx

ps attachment post 1

is that your name you've left showing?

 

 

[eoghan]

Thanks @Mrs O'Frog. I'm learning!!! Cheers.

 

@dx100uk Yes it is. Are you able to delete??? I will not send anything unless it comes from here. Thanks for the advice guys.

[dx100uk]

ive hidden both letters from post 1

if you redact it and put it back up here as a PDF!! please

i'll put them back in post 1 for you.

 

dx

 

[eoghan]

Thank you!

BWLEGAL-7 May 2019-reduced.pdf

FYI I haven't posted any of these letters to BWL. Will wait for updates from CAG before I do anything further.

 

Thanks again.

[dx100uk]

there was a second doc [your reply] in post 1 that was a picture on the post, got that in pdf too please else the post is missing it now.

 

dx

 

[ericsbrother]

yep, not an LBA, just a cut and paste threatogram that lists the usual unicorn food tax that they know has no lawful basis but like Gladstones they do the work on the cheap and get a slice of this if you are mug enough to pay up.

if someone burgled their office and stole their computer I wonder if anyone rading the contents would find the details of the instruction from TPS or whether they have indicated that they will do the running, which would be Champerty and Maintenance.

My local vicar is a prison chaplain and sees more solicitors than any other profession in his travails. I cant believe that he doesnt see at least 4 more