PCN issued by Britannia Parking, Plymouth |
PCN issued by Britannia Parking, Plymouth |
Tue, 8 Jan 2019 - 12:44
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#1
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Member Group: Members Posts: 30 Joined: 7 Jan 2019 Member No.: 101,754 |
Hi
I really do hope that I will find some help with my problem on this site. In April 2017 I received a letter from Britannia Parking concerning “failure to make a valid payment” at one of the car parks they operate in the south west I immediately wrote to them , heading my letter “ for information only” confirming that I had visited that site ( I didn’t say who was with me or who was driving the vehicle concerned ); on the stated day; I advised them of the approximate time of arrival and departure and finally provided them with a copy of the debit card transaction showing that 6 hours of parking had been purchased (more than I had parked for). I was even able to tell them which machine had been used for the transaction. I finished my letter with the following “… please advise me of what went wrong. Once I have all the information, I will decide whether or no to appeal your notice.” The response from Britannia Parking started with “Thank you for your appeal received on xx April 2017” The letter then went on to give the cause for PCN – First two letters of registration number were entered incorrectly (they were the first two letters from my wife’s car reg). They did offer a much reduced amount if paid within 14 days. They then confirmed that I had reached the end of their internal appeals procedure and they provided me with a POPLA reference number. I did not appeal to POPLA AS I had not, as far as I was concerned, appealed to Britannia I have had various letters from DRP and Zenith for various amounts from £100 to £145 and most recently a LETTER OF CLAIM from bwlegal for £145 ( £85 + additional costs of £60) advising that they have been instructed by Britannia to commence legal action if payment is made by 1st February. I did email bwlegal suggesting that they ask their client why in 2017 Britannia declined my appeal BEFORE it was made. I’m not expecting a reply. Any advice would be most welcome. This post has been edited by Rule1949: Sun, 13 Jan 2019 - 11:14 |
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Tue, 8 Jan 2019 - 13:05
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#2
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Your "trick" was never going to work
You missed a chance to kill this at POPLA Your response to the LBC is insufficient, and you need to formulate a real response, firstly denying the debt, stating that Britannia have proof payment was made, and any error in thier machines recording ot eh VRM - whether a trivial mistake by the user or otherwise - was entirely within their power to rectify. As payment was fully made, to suggest any error recorded by their machine is worthy of £160 is false, clearly a penalty and Beavis supports that this penalty cannot be enforced. As their clients claim has no chance of success, as the ruling at the Court of Appeal has stated as such, and the Supreme Court did not overturn this ruling in the Beavis case, they should cease the harassment. |
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