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NPE/BW ANPR PCN PAPLOC - wrong reg - MJB Winelodge, Bridge Road, Lowestoft, Suffolk NR32 3LR


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My first draft attached is based on a post half way down the link from FTM Dave. However, I would like to find info referring to mistyped reg numbers and how it's not acceptable to fine motorists for a mistyped entry.  Any ideas how to find this info or proposed info so I can quote section and para to back up the info in the letter would be really appreciated.

 

Many thanks.

 

 

WWW.GOV.UK

We are consulting on new measures to improve the regulation of the private parking industry.

 

Others have said how the new

Reply Letter of Claim - BW Legal.pdf

Edited by SCDH
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Well done on finding the snotty letter on Happy54's thread, that is exactly the sort of thing you should be sending.

 

You also link to the government consultation document.  What you are looking for is in "Chapter 4: The level of parking charges".

We could do with some help from you.

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Good work.

 

We'd probably have made it "snottier"!  However, the important thing is you've shown you know the law and the PPC know they are on a hiding to nothing if they do do court.

 

There are no guarantees, but we've seen them recently back off virtually always in these cases.

 

Write on the bottom of your letter COPIED TO NATIONAL PARKING ENFORCEMENT LTD.  This is because crooked solicitors like BW Legal are infamous for egging on their clients to go to court, even if the case is pants.  After all, they get paid either way.  Let the PPC know directly you've sussed their sordid little game.

 

Obviously quote their PCN reference number on the letters.

 

If none of the other regulars disagree, invest in two 2nd class stamps tomorrow and get two free Certificates of Posting from the post office.

We could do with some help from you.

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Thanks for taking a look. I just didn't want cause confrontation for the sake of it but I take your point and I appreciate there are no guarantees.  

 

Good advice about copied to COPIED TO NATIONAL PARKING ENFORCEMENT LTD and quoting the PCN reference number on the letters.

 

I was going to ask if the letters needed to be registered post but you've answered my question by getting certificates of posting.

 

I'll update the thread on the response or lack of when their cut off date to reply has passed.

 

 

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  • 2 weeks later...

Dear all,

 

I've just had a letter from BW Legal (attached) which is in response to my letter after receiving their LBC.  As you will see, they quote Parkingeye V Beavis in the fact that they don't have to consider loss as a relevant factor.

 

While they state a full and correct reg must be entered to avoid becoming liable for a PCN, they obviously don't mention that it's a demines offence but are happy to discuss it in court.

 

I would also value opinions on their view that once I left the carpark to receive payment for the meter the offence was complete.

 

Thanks in advance again for all your help.

Snotty Letter Response.pdf

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what witness statement with the snotty letter did you send?

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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why did you send that, you were not advised too nor told us you were??

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Because it demonstrates that payment was made and when I mentioned it on the forum earlier the response was positive.  If it goes to court they would see that statement anyway.

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well we didnt say send that but no matter. next time stick to the advice please don't play your cards early!!.

 

yours is not the next move

wait and see if they issue a letrter of claim, they have 6yrs, don't move without informing them.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to NPE/BW ANPR PCN PAPLOC - wrong reg - MJB Winelodge, Bridge Road, Lowestoft, Suffolk NR32 3LR

Thanks DX, 

 

While your communications are direct, I do appreciate your knowledge and experience in these matters and genuinely value your input.  As far as I see it, the facts are the facts and I'm certainly not going to commit perjury in court by saying anything other than what the statement says.  I know you weren't implying that, I'm just saying that the statement tells the truth and I can't deviate from it. However, I do take your point about not playing my cards early. 

 

While they might have a technical point over a breach by leaving the carpark to get the money for the machine, I would counter that with the point that it was very dark and the machine had no lighting.  Also, the street lights were facing away from all signage resulting in poor lighting to read.  As a result, it's hard to be responsible for an accidental breach if you aren't aware of the terms when first entering the carpark.  However, I respect your advice if you think otherwise.

 

Can you confirm that I need to receive another Letter of Claim before having to respond?

 

Many thanks.

 

 

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I was in a timewarp there. Sadly not firing on all cylinders for a good while to come yet..

 

youve had the paploc so what they might do is leave it till near statute barred date and send another paploc years down the line or raise a court claim...who knows..

But safe to say yours is not the next move unless you move...

 

Its also worthy to note they cant intimate they can enforce reverse trespass. They cant even enforce trespass on the land they might manage, let alone leave the site and enter another site and say thats not allowed.....

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Your letter to them did admit that you were the driver. That isn't fatal but in situations where there is no transfer of liability from the driver to the keeper then there are occasions when the Court will not allow the assumption that the keeper is automatically the driver.  So a driver can win the case if there is insufficient evidence to prove they were driving at the time.

In your case the result probably hangs on the reg.number and good luck with winning that DCBL and NPE. 

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No real harm has been done but the thing to remember is that rogue solicitors like BW Legal who are in cahoots with the PPCs are simply conmen.  They're solicitors, they know the law, they know about "de minimis", they know the money isn't owed but carry on regardless.

 

That's why forum regular lookinforinfo prepared the snotty letter you found to show their sordid little schemes had been sussed and it would have been better to send them the whole thing.

 

Once you start discussing evidence with them they will come out with every lie imaginable to try to get you to pay.  It's complete nonsense to say the grace period ended because you went to get a quid from the chippy, what you did was no different to going back to your car to get some change, for example.

 

You've been through PAPLOC now, they sent the Letter of Claim, you told them where to get off, relax now, yours is not the next move.

 

 

We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Thanks gents,

 

I've obviously made mistakes with the statement of payment confirming me as the driver but it also helps to confirm payment was made, bit of a double edged sword but lesson learnt.

 

Point taken about not discussing points of law and yes, I can't see the difference between getting a quid from the chippy or anywhere else.

 

Also, good to know they can't enforce trespass or reverse trespass.

 

As advised by all of you, I'll let them make the next move.

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Still plenty to send them packing .

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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