TPS Referred PCN to bw legal, Parked at Meridian Sports Club |
TPS Referred PCN to bw legal, Parked at Meridian Sports Club |
Tue, 9 Aug 2022 - 12:18
Post
#1
|
|
Member Group: Members Posts: 17 Joined: 9 Aug 2022 From: London (London City), England, United Kingdom Member No.: 117,436 |
Hi All,
See timeline of events below; 30th January 2022 - Went into the car park I couldn't find a parking space so I dropped footballs and equipments and parked out Here. I had to come back in to pick up the equipment's. 09 Feb 2022 - Received a PCN letter asking me to pay for £60 or 100 if over that. 15 Feb 2022 - First appeal sent(Apparently they didn't receive anything) I received another letter saying since I have missed my appeal period i am due to pay the full amount. 18th MArch 2022 - I appealed again only for them to get back to me 19th April saying I appealed outside the 28 days. I made it a point to respond to the email saying this is the 2nd appeal. This will be my 2nd time a parking solution have got it wrong. My 1st time I dropped my wife off then picked her up 8hrs later. It was shown as I had parked there for that long. they investigated and cleared me. This also makes no sense why would I not want to pay £1 for parking the whole day seeing as I had used there before and paid. Also, if you use google maps to check the location even not on a football day you'd realise there is no parking space. Bw legal have said as I have failed to make payment of £100 or raised a valid appeal they require £160 in total. |
|
|
Advertisement |
Tue, 9 Aug 2022 - 12:18
Post
#
|
Advertise here! |
|
|
|
Mon, 23 Jan 2023 - 12:56
Post
#21
|
|
Member Group: Members Posts: 6,323 Joined: 18 Aug 2016 From: Manchester Member No.: 86,486 |
What is the issue date on the claim form.?
What is the date that you submitted the AOS online.? Your claim history on MCOL will have all the information The pictures you uploaded or linked only show partial glimpses of the claim form This post has been edited by Redx: Mon, 23 Jan 2023 - 12:58 |
|
|
Mon, 23 Jan 2023 - 14:45
Post
#22
|
|
Member Group: Members Posts: 35,057 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
I was advised to pay under protest?
Have you paid? If so the matter is closed. 15 Feb 2022 - First appeal sent(Apparently they didn't receive anything) How was this sent? If email, then clearly if you have a copy this would be your evidence that you challenged within the time permitted. If by post, then you would have a proof of posting certificate which carries with it the presumption of service. If you can establish on a balance of probabilities that you challenged within the permitted period then let's see this. It's a winning card IMO, forget all about the breach. TPS appear to be a BPA member, therefore chapter 23 applies: https://www.britishparking.co.uk/write/Docu..._2020_v8(2).pdf And in your SAR, I suggest you direct their attention to when you estimate that you first left and next entered the site, make life easy for them. This is all procedural, we haven't seen any concrete evidence at any stage e.g. no PCN, no idea of the precise timing(just your comments about 100 minutes being longer than 90 minutes), no details about the what, when and how of your challenge, an incomplete letter from TPS, a vague claim form 'failed to comply with the terms and conditions (could it be more vague?) etc. |
|
|
Fri, 27 Jan 2023 - 18:39
Post
#23
|
|
Member Group: Members Posts: 17 Joined: 9 Aug 2022 From: London (London City), England, United Kingdom Member No.: 117,436 |
Please see attached my original PCN. I requested it as you all mentioned.
It can be found here - https://ibb.co/yWtLxfj Thanks. |
|
|
Sat, 28 Jan 2023 - 08:20
Post
#24
|
|
Member Group: Members Posts: 35,057 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
Has payment been made?
How was this sent? If email, then clearly if you have a copy this would be your evidence that you challenged within the time permitted. If by post, then you would have a proof of posting certificate which carries with it the presumption of service. If you can establish on the balance of probabilities that you challenged within the permitted period then let's see this. In response to which you post the PCN! |
|
|
Sat, 28 Jan 2023 - 10:06
Post
#25
|
|
Member Group: Members Posts: 17 Joined: 9 Aug 2022 From: London (London City), England, United Kingdom Member No.: 117,436 |
Payment hasn't been made.
It was initially sent via post. I appealed using their online platform initially. It was when I received an email saying I've missed my appeal time was when I emailed them. I requested for this pcn to be sent via email a few days ago. I have now submitted my defence as time was running out. I have got 2 correspondence from BW Legal saying there's still time for me to pay before I get a ccj or worse |
|
|
Sat, 28 Jan 2023 - 10:18
Post
#26
|
|
Member Group: Members Posts: 41,505 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
...before I get a ccj or worse You don't just 'get a CCJ'! Worse? -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
|
|
Sat, 28 Jan 2023 - 11:30
Post
#27
|
|
Member Group: Members Posts: 2,053 Joined: 20 May 2013 Member No.: 62,052 |
So what was the exact text of the defence you submitted? If it was based on the MSE template, show us just the changed/added bits, not the whole document.
|
|
|
Sat, 28 Jan 2023 - 15:40
Post
#28
|
|
Member Group: Members Posts: 17 Joined: 9 Aug 2022 From: London (London City), England, United Kingdom Member No.: 117,436 |
27 January 2023
Dear Sir Our client: Total Parking Solutions Limited Claim number: J&DP3W&W County court: Northampton (County Court Business Centre) We refer to the above matter. We enclose by way of service our client's Notice of Discontinuance, a copy of which has been filed at court. We confirm that having discontinued the legal claim, we are instructed not to pursue the debt and our file shall be closed immediately. Yours sincerely BW Legal ‐---------------------- The above is a letter I recieved in the post today. Does that mean they are dropping it. See attached here https://ibb.co/HXpsn0d |
|
|
Sun, 29 Jan 2023 - 10:30
Post
#29
|
|
Member Group: Members Posts: 2,053 Joined: 20 May 2013 Member No.: 62,052 |
The above is a letter I recieved in the post today. Does that mean they are dropping it. Yes, but it's not actually dropped until you get a confirmation letter from the court. Until then assume that the case is still live and continue to do anything ordered by the court. |
|
|
Mon, 30 Jan 2023 - 23:24
Post
#30
|
|
Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
As above.
Formally the court needs to confirm it. However if they are playing games it would go badly for them. |
|
|
Tue, 31 Jan 2023 - 09:03
Post
#31
|
|
Member Group: Members Posts: 17 Joined: 9 Aug 2022 From: London (London City), England, United Kingdom Member No.: 117,436 |
Do I still send the send the Claimant's Directions Questionnaire.
I haven't received one yet but MSE said you can download and send. Or do I just sit and wait |
|
|
Tue, 31 Jan 2023 - 09:52
Post
#32
|
|
Member Group: Members Posts: 6,323 Joined: 18 Aug 2016 From: Manchester Member No.: 86,486 |
Nobody uses the claimants DQ, not in any case that I have seen
Check your MCOL claim history, see what it says, if the CCBC in Northampton have posted an N180 , when it arrives you can either fill it in and email it to both parties, or if its on its way to you, download one, fill it in and email to both parties What you don't do is preempt the process by sending one too soon If the CCBC shows something else, like Discontinued, then you won't be filling in anything or sending it You showed us the letter from B W Legal, but nothing from the MCOL claim history Think, and check, don't speculate, follow the process, unless it's been stopped, the discontinuation should have stopped the process, if it stopped the process, you don't restart it This post has been edited by Redx: Tue, 31 Jan 2023 - 10:08 |
|
|
Thu, 2 Feb 2023 - 20:35
Post
#33
|
|
Member Group: Members Posts: 11 Joined: 2 Feb 2023 Member No.: 119,034 |
HELLO guys
I received a PCN from tps too at this place. I’m going to appeal to POPLA. However I went back And I noticed that this site isn’t operated by TPS anymore, will they still be able to take me to court of POPLA rejects, would landowner agree to it? |
|
|
Thu, 2 Feb 2023 - 21:00
Post
#34
|
|
Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Yes they would do court, the landowner isn't relevant.
|
|
|
Thu, 2 Feb 2023 - 21:05
Post
#35
|
|
Member Group: Members Posts: 11 Joined: 2 Feb 2023 Member No.: 119,034 |
Yes they would do court, the landowner isn't relevant. BPA 7.2: If the operator wishes to take legal action on any outstanding parking charges, they must ensure that they have the written authority of the landowner (or their appointed agent) prior to legal action being taken. Are u sure? I’m thinking this will work in my favour? |
|
|
Thu, 2 Feb 2023 - 22:36
Post
#36
|
|
Member Group: Members Posts: 2,053 Joined: 20 May 2013 Member No.: 62,052 |
Zeez, please start your own thread, as per the forum's "one case, one thread" rule. Otherwise things quickly become very confusing.
|
|
|
Lo-Fi Version | Time is now: Thursday, 28th March 2024 - 15:19 |