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Link/BW Windscreen PCN Letter of Claim - no res permit - Appealed - Alexandra House, CF31 1BT


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Hi , 

wonder if you could give me some advice .

I received the PCN on my windscreen having been parked all day in a private, off-street parking area thinking I would have no issue because it's a quiet street.

Alleged incident happened on 21st January 2022

Date of the infringement 21/01/2022

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 22/02/2022 

3 Date received Was working away so am not too sure when it arrived
 

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

5 Is there any photographic evidence of the event? Not on the NTK  but after I corresponded with BW Legal by email in the July having received correspondence from them, asking them for photographic evidence, they sent the evidence to me  but not until 01/08/2022 via email.

When I came back to the car on the day of the alleged offence there was a PCN stuck to my windscreen. I didn't respond again until I received a bullying letter from BW Legal. 

Latest response from BW Legal was in July of this year (see below), then August 21st, in which they have given me until 20th September 2023 to settle the claim. Not sure What to do.
 

Received by Email:

Contact Form Date: 4 July 2023

Our Reference: 

Our Client: Link Parking Limited

BW Legal - Our response to you - You've made a mistake

 

Good Morning

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

Please find attached the requested photographic evidence of the contravention, as well as the Parking Charge Notice (PCN) letter that was sent to yourself 22 February 2022. Please note this was sent to you 4 July 2023.

Please be advised when we issued a copy of the Parking Charge Notice (PCN) to you the opportunity to pay the reduced charge had long since expired. You were originally provided with the opportunity to pay £60.00 if this was received by our Client within 14 days of the date of issue of the PCN.  As no payment was received within the time frame detailed on the PCN the matter was passed to ourselves, incurring further costs.

The full balance remains due and owing.

Thank you for your correspondence. 

 

If you have any further issues or new questions that you would like us to assist you with, we kindly request that you use the contact options below to submit a new query.

Yours sincerely,

BW Legal

 

 

NTK+BW PAPLOC.pdf

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  • dx100uk changed the title to Link/BW Windscreen PCN Letter of Claim - no res permit - Appealed - Alexandra House, CF31 1BT

shame you appealed 

we need to see that. please put it up

as it was a windscreen PCN the NTK should not have been issued before day 29.

but as you've appealed i suspect you've ID'd you are the drive so PAFA2012 no longer applies.

next time dont appeal... esp by email.

you have a letter of claim

you need to reply with a snotty letter.

post you idea up here after looking at examples here

run it till near the 30 days response time

 

also 

Alexandra House, CF31 1BT

where is this google is lost.

not got the org windscreen PCN still have you?
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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7 hours ago, TrainDriver said:

5 Is there any photographic evidence of the event? Not on the NTK  but after I corresponded with BW Legal by email in the July having received correspondence from them, asking them for photographic evidence, they sent the evidence to me  but not until 01/08/2022 via email.

The photo/s could be useful. Could you also post them up please?

We could do with some help from you.

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I cannot remember what I wrote in the initial correspondence because it was on their own web portal and I am currently unable to access it.

However , I don't ever recall admitting being the driver but unfortunately, in my naivety gave my personal details (Name, address, dob) 

here is a copy of all email correspondence with bwlegal  that I can find and I will upload the latest correspondence I received from them today.

Shall I just ignore all further correspondence now until a Court Summons?

 

BW legal email chain.pdf

 

Won't let me upload photos as Jpeg, or Tiff. or BMP

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5 minutes ago, TrainDriver said:

I cannot remember what I wrote in the initial correspondence because it was on their own web portal and I am currently unable to access it. However , I don't ever recall admitting being the driver but unfortunately, in my naivety gave my personal details (Name, address, dob)  here is a copy of all email correspondence with bwlegal  that I can find and I will upload the latest correspondence I received from them today. Shall I just ignore all further correspondence now until a Court Summons?

I've had to hide your post above.  You left your real name showing in the DOCX file.  Even if you had removed it, all someone needs to do with a DOCX file is position the cursor on top of the file, and your real name pops up.  That's why we say to use PDF:

We could do with some help from you.

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I don't think I still have the original Org PCN

The NTK was issued on 22/02/22, the alleged parking offence happened on 21/01/22 so probably is within the 29 day limit. 
I'd thought to offer them £60 with the snotty letter.
Doesn't the law change in October anyway and the fines are limited to £100 only?

OK, sorry about that, what I could do is just copy and paste the writing from the emails chain here and ill upload the latest letter from ewlegal as a PDF
 

Wed, Aug 10, 2022, 7:12 PM

to parking

Good evening,

  Thankyou for your email including the requested information.

I am querying the extra £60 on top of the initial £100 fine, can I get a cost breakdown of this please?

   Failing this, request it removed from the PCN?

Best Regards,

Me.

 (D.O.B: (Redacted)

Address: (Redacted)

Mob: (Redacted)
 

BW Legal re: Parking <[email protected]>

Wed, Sep 21, 2022, 1:01 PM

to me

Good Afternoon

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

Please find your Statement of Account below.
 

INV Alexandra House    21/01/2022       £100
Receipt of instruction fee 24/03/2022    £60
                                                        Totals = £160
 

The Parking Charge issued is for the sum of £100.00 and our additional costs amount to £60.00. The relevant Code of Practice laid out by the International Parking Community (IPC) states that £100.00 is a reasonable amount to charge for the breach of contract within our Client's car parks.

The additional cost of £60.00 represents the nature and type of work undertaken by debt recovery agents in the collection of the balance of the unpaid Parking Charge. Our Client is satisfied that you remain liable for the cost of the PCN and the costs of debt recovery, due to non-payment of the charge in question.

Should you have any queries please contact our office on 0113 487 0432, or alternatively sign in or register on our Online Customer Portal at www.bwlegal.co.uk.

Kind Regards,

bwlegal®

Email: [email protected]

Direct Dial: 0113 487 0432

Fax: 0333 370 0107

Website: www.bwlegal.co.u

Postal: Enterprise House, 1 Apex View, Leeds, West Yorkshire, LS11 9BH
 

From : Me 

Fri, Sep 23, 2022, 7:41 AM

Morning, Thanks for this, that makes things a bit clearer! What would the hourly rate be for parking within your client’s car park in question? - I.e. an eight

 

BW Legal re: Parking <[email protected]>

Wed, Nov 2, 2022, 2:35 PM

To:  Me

Good Morning

Thank you for your recent email.

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

You will be contacted in due course.

Should you have any queries please contact our offices on 0113 487 0432 to discuss this matter further.

 

 

 

I've just noticed something, on the signage it does not give an address for the parking company, only a P.O.Box. According to Blackbelt Barrister on Youtube, this could be a breach of the POFA  rules/ Contract Law , in which an actual address of the parking company has to be given, otherwise, no contract. This hasn't been tested in court yet, however, apparently. 

 

BWLegal 11Sept 2 PAPLOC due to expire.pdf pixs.pdf

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No wonder they're harassing you to pay as you've referred to a "fine".  What you've received is an invoice, not a fine.  A private company doesn't have the power to issue fines.

The important thing is to reply with a snotty letter showing that you have sussed what their up to and will be big trouble for them if they do court.

The rest can wait.

Please post up a draft of a snotty letter.

 

.

We could do with some help from you.

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docs sorted in various posts

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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You haven't done yourself any favours by not making a screenshot of the appeal, politely querying things, and not keeping the original PCN.  You now have to send them a snotty letter without really knowing what they're accusing you of.  Why people throw away paperwork when they are in legal dispute is beyond me.  Anyway, let's try something generic.  See what the other regulars think tomorrow.  How about something like this -

Dear Rachael and Sean,

cheers for your Letter of Claim.

I rolled round on the floor in laughter at the thought that you actually reckoned I'd take such tripe seriously and cough up!

Now you know and I know and now you know that I know all the reasons why Link Parking's claim is utter pants.

But then again as you are too bone idle to do any due diligence maybe I know and you don't know 'cos you're too lazy to know.

Anyway, your client can either drop this foolishness or I will enjoy giving them a  good hiding in court and spending the unreasonable costs order under CPR 27.14(2)(g) on a nice winter holiday while all the time having a good laugh at your client's expense..

I look forward to your deafening silence.

Yours, XXXXX

COPIED TO LINK PARKING

 

On 16/09/2023 at 14:20, TrainDriver said:

I'd thought to offer them £60 with the snotty letter.

Are you off your head?

The whole point of a snotty letter is to show them you're not scared of their threats, you've sussed them as the outfit they are, and you'd be big trouble in court for them.  So they'd be better off going after mugs who think they've been fined and will just pay.

What do you really reckon bloodsuckers will do when you show your weakness and that you're prepared to pay £60?

On 16/09/2023 at 14:20, TrainDriver said:

Doesn't the law change in October anyway and the fines are limited to £100 only?

Where did you get this idea of October from?  We've heard nowt here.  Link please.

On 16/09/2023 at 14:20, TrainDriver said:

the fines are limited to £100 only?

Yet again, what you have received is an invoice, not a fine, believing it is a fine when told constantly it is not is why you are in this mess.

 

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

It's a pity the snotty letter has to be so generic, but needs must ...

Hopefully the snotty letter will scare the fleecers off, but if not the pictures you got will come in very handy.  They show Link Parking's MO.  Put a tiny number of signs where no-one will see them so they have an excuse to send out their demands.

 

.

 

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

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just type no need to keep hitting quote.

 

MO is modus operandi - how they always operate.

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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